Loading...
HomeMy WebLinkAboutC-5971 - Encroachment Agreement EPN N2000-241 for 4801 Lido Sands DriveRECORDING REQUESTEL . %ND �` j'✓ �--- WHEN RECORDED RETURN TO: Public Works Department Recorded in Official Records, county of Orange p Gary Granville, Clerk -Recorder City of Newport Beach. U Post Office Box 1768 l,lll�+��v�` FEE 3300 Newport Boulevard 20000400957 09,33am 08101100 NewNewport Beach CA 92659-1768 110 3 Al2 p � 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. GO y����ti ENCROACHMENT AGREEMENT 'A 6P (EPN2000-241) L � THIS AGREEMENT is made and entered into this day 5 Of Lk -L, 2000, by and between Karen Jordan (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 4801 Lido Sands Drive, Newport Beach, California and legally described as Lot 46, Tract No. 3162, as shown on a map recorded in Book 95, Pages 16, 17, and 18 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 12 -foot public utility easement serving Lot 46, Tract No. 3162 (also known as 4801 Lido Sands Drive, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 95, Pages 16, 17, and 18 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 consideration of the mutual prom_ .s, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a 6 -foot high wooden fence, 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. 2 d. That should CITY be required to enter onto s,.a Easement 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. 3 7. OWNER agrees inat this Agreement shall remain i,. full 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: t_ By: 9VV7�4zl�4� City Attorney City Ma ger City Clerk 4 VNER: 1 By: Kar n J rdan State of Califor a County of On (a ATE) personally appeared (NAME(S) OF SIGNER(S)) O personally known to me -OR-\7r SHA,;NF, _YN CYLER Comrr;sslor 7t ',164 i 49 Z `- r - No -a v Pjc'ic - Cal'fornia > Z O'c.--_g' County My Comm Expires Dec 5, 2001 proved to me on the basis of satisfactory evidenc to be the (5rsonwhose nam are subscribed tee the within instrument and acl<�e5whey ledged to me that h exec=d the sa in hl er it authorized capa and that b hi r signature on the instru ntthe person or the entity upon be al OT which the person acted, executed he instrument. Witness my hand and official seal. (SEAL) (SIGNATURE OTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 83237 Rev. 3-94 (price class 8-2A) ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATIONIrWO FINGERPRINTS RIGHT THUMBPRINT (Optional) 0 a 0 CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) RIGHT THUMBPRINT (Optional) f 0 a O CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑ GUARD IA N/CON SERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) 7 67775 63237 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California� County of � �J li- (}'�1 ``�� nn ss. vim`--' On �� before me,Q!XAe�'� Dae � Name d itle of Officer (e. 'Jane Doe, otary Public") l f personally appeared C \U �— r �\ � L� Name(s) of Signer(s) I CATHY 1(1111R Commission # 1174329 Z z Notary Public - California y Orange County – My Comm. Bcplres Feb 21,2002 Place Notary Seal Above Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso (s) whose namee i ar subscribed to the within instrument and acknowledged to me that heiyV the executed the sa in his/herir authori d capacit ies , and that his/he thei signatur (s on the instrument the perso s or the entity upon behalf of which the persor s& acted, executed the instrument. XqrNESS my hand and off cial seal. Sig ture f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ZX H181 T "A it