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Home My WebLink AboutC-5908 - Encroachment Agreement EPN N2000-209 for 4705 Seashore DriveRecorded in Offi Ml tiev. ,'ds C;a: a of Orange Garr Granville, Clerl2-Recorder illl!1!►1!i 11!I! 11!!! lli!! llill!!!li 1!11!!!1!!!11!!!111121.00 20000'11770 09:43am 00114100 120 8 Al2 6 0 00 0 on o.00 o oo .c+c, c�.nc 0.00 0.0-0 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-209) S THIS AGREEMENT is made and entered into thisda .e.. � y of u , 2000, by and between Cindy Gittleman; 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 4705 Seashore Drive, Newport Beach, California and legally described as Lot 3, Block 47, Third Addition To Newport Beach Tract, as shown on a map recorded in Book 3, Page 31 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Seashore Drive right-of- way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 4705 Seashore Drive, Newport Beach, California and legally described as Lot 3, Block 47, Third Addition To Newport Beach Tract, as shown on a map recorded in Book 3, Page 31 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; 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 RICHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 RECORDING REQUESTED P t WHEN RECORDED RETURN J: Public Works Department l!� City of Newport Beach Post Office Box 1768 V 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Offi Ml tiev. ,'ds C;a: a of Orange Garr Granville, Clerl2-Recorder illl!1!►1!i 11!I! 11!!! lli!! llill!!!li 1!11!!!1!!!11!!!111121.00 20000'11770 09:43am 00114100 120 8 Al2 6 0 00 0 on o.00 o oo .c+c, c�.nc 0.00 0.0-0 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-209) S THIS AGREEMENT is made and entered into thisda .e.. � y of u , 2000, by and between Cindy Gittleman; 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 4705 Seashore Drive, Newport Beach, California and legally described as Lot 3, Block 47, Third Addition To Newport Beach Tract, as shown on a map recorded in Book 3, Page 31 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Seashore Drive right-of- way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 4705 Seashore Drive, Newport Beach, California and legally described as Lot 3, Block 47, Third Addition To Newport Beach Tract, as shown on a map recorded in Book 3, Page 31 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; 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 RICHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 NOW, THEREFORE, ii msideration of the mutual promise :he parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as colored concrete driveway approach/sidewalk, landscaping (maximum 30-inches high), and appurtenances in Seashore Drive right-of-way 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 RIGHT-OF-WAY, 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' notice, 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. 4. OWNER and CITY further agree as follows: a. OWNER may 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. In addition, the OWNER shall maintain (i.e. water, fertilize, trim, etc.) the private trees in the RIGHT-OF-WAY. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If private -owned, 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 repairs. 2 d. That shouk ie CITY be required to enter on ;aid RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, 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 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 or restoration of the PERMITTED IMPROVEMENTS. 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 RIGHT-OF-WAY and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. 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. 7. OWNER agrees that this Agreement shall remain in 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. 3 IN WITNESS WHERE , the parties hereto have cau: this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: By: City Attorney 4 CITY OF NEWPORT BEACH, a Municipal corporation By. (� a� 4 ' City Manag OWNER: J w By. Cin y Gittleman STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Ona S 00 fore mea,�a- personally appeared / 711e, �1 , prsonaIIy known to me (or roved to me on the asis of satisfactory evidence) to be the person( who name ) Oare subscribed to the within instrument and acknowledged to me that he hey has executed the same in his/her/their authorized capacity ' s), and that by hi er heir signature on the instrument the person) or the entity upon behalf of which the person acted, executed the instrument. WIINESS my hand d offs 'al seal. ry Public in and for said (This area for official notarial seal) SHAUNA LYN OYLER Commission # 1164149 Z Notary Public - California Orange County MY Comm. Expires Dec 5, 2001 STATE OF CALIFORNIA ) ) ss: COUNTY;OFANGE ) On 000, eforepersonallred e r' Q�-C,perso ally known to roved to me on the basis of satisfactory evidence) to be the person�s'� ose namefXPis re subscribed to the ithin instrument and acknowledged to me that os)he/they haecuted the same hi /her/their authorized capacity(i and that by hi /her/their signature, I on the instrumen he perso or the entity upon behalf of which the person acted, ted the instrument. -VVtT-NESS) hand a official seal-, otary Public in -and -rd? said Std SHAUNA LYN OYLER Commission # 1164149 (This area for official notarial seal) z ,,�; NotaryPublic- California Orange County My Cor, ;m. Expires Dec 5, 2001 F:\USERS\PBW\GWONG\WP51 \AG\GITTLEMANN2000-209BP. DOC 5 L4- IAtIJ' - ::, lb c'cM' )?&, IWi'�. ch—, 4) J L')S P AME ALY 1J?vtT D? FILL 7O iv Yes