HomeMy WebLinkAboutC-5982 - Encroachment Agreement EPN N2000-265 for 2636 Basswood StreetRecorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2000-265)
THIS AGREEMENT is made and entered into this day
�n
of , 2000, by and between Teri Silverberg (hereinafter "OWNER"), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue
of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"), \�
"OWNER" is the owner of property located at 2636 Basswood Street, Newport Beach
California and legally described as Lot 5, Tract No. 4893, as shown on a map recorded in
Book 180, Page 21 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 3 -foot public
utility easement for water purposes serving Lot 5, Tract No. 4893 (also known as 2636
Basswood Street, Newport Beach, California) hereinafter "EASEMENT", as shown on a map
recorded in Book 180, Page 21 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within the Easement; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
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RECORDING REQUESTED A'
WHEN RECORDED RETURN TO:
(30
0—
Public Works Department
�S
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
. I l ill
IP it r ilii Illi li�ti !lig i�al ilii iiI I NO} rEE
2000041118811.41am 08/07/00
110 3 Al2 7
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
bO
ENCROACHMENT AGREEMENT
(EPN2000-265)
THIS AGREEMENT is made and entered into this day
�n
of , 2000, by and between Teri Silverberg (hereinafter "OWNER"), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue
of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"), \�
"OWNER" is the owner of property located at 2636 Basswood Street, Newport Beach
California and legally described as Lot 5, Tract No. 4893, as shown on a map recorded in
Book 180, Page 21 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 3 -foot public
utility easement for water purposes serving Lot 5, Tract No. 4893 (also known as 2636
Basswood Street, Newport Beach, California) hereinafter "EASEMENT", as shown on a map
recorded in Book 180, Page 21 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within the Easement; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
1
NOW, THEREFORE, in nsideration of the mutual promises, .ne parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
10 -foot high block wall, landscaping, and appurtenances as shown on EXHIBIT "A" attached
hereto and as approved by the City Engineer. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved by the City Engineer and shall be on shown on the "As Built" plans.
2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate,
repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
within a portion of the Easement, all in substantial conformance with plans and specifications
on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary
or convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by CITY at any time by
giving 60 days' written notice, with prior City Council approval, specifying in said notice the
date of termination. CITY shall incur no liability whatsoever in the event of the termination of
this Agreement, or subsequent removal of improvements by CITY as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, construct and install
PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
doing so. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED
IMPROVEMENTS, except as otherwise provided herein.
c. If City or other public facilities or improvements are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of all repairs.
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d. That should FY be required to enter onto said . asement to exercise its
primary rights associated with said Easement, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or future public facilities or
improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required,
and in such event:
(i) CITY shall reasonably notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later.
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
EASEMENT and remove all or part of the improvements installed by OWNER. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. In the event of litigation commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards
and commissions, officers and employees from and against any and all loss, damage, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit
arising from or in any manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
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7. OWNER agrees th, this Agreement shall remain in i,._ force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
wx/,
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
By:
City Ma ger
By:
Teri Silverberg
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On 70� , 2000, before miY_�y
�e'_ ,ter' personally appeared
T r rp Y pp
/ G`jpersonalkno n to me (or proved to me on
the basis of satisfactory evide e) to be the person(s�whose name I re subscribed to the
within instrument and acknowledged to me that his/her/they execu easame in hi their
authorized capacity ' s), and that by his6i4heir signature/0 on the instrument the person(
or the entity upon lbehalf of which the persons,() acted, executed the instrument.
WITN Smy hand and official seal.
Notary Public in and fo said Stat
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
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Orange County -
My Comm. Expires Dec 5, 2001
(This area for official notarial seal)
On Ulf 3 2000, before me, L�il IUVIIy - IVlC/-:7- personally appeared
HOvw'r �- • i ovioci rL,,S , personally known to me n
the to be the person whose name&is/re ubscribed to
within instrument and acknowledged to me that his/her he xecuted the same in his/her heir
authorized capacity le , and that by his/her ei ignatuFe(si�bs)n the instrument the perso
or the entity upon behalf of which the person s) cted, executed the instrument.
WITNESS my hand and official seal
Notary Public in and for said State
LEILANI V. INES
Commission # 1170960
zzNo
v'ary Public -California
`�_
Orange County
My Comm. Expires Jan 25, 2 002
(This area for official notarial seal)
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LANDMARK PAGE:
STRUCTURES INC. DATE:6/15/00
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