HomeMy WebLinkAboutC-5413 - Encroachment Agreement EPN N2000-332 for 101 Via Jucarn RECORDING REQUESTEC' ' ND
C` ' WHEN RECORDED RETUF... TO:
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Public Works Department
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
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ENCROACHMENT AGREEMENT ( l
(EPN2000-332) fo5
THIS AGREEMENT is made and entered into this 41t4 day of
2000, by and between Brian O'Toole (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 101 Via Jucar, Newport Beach, California and legally
described as Lot 698, Tract No. 907, as shown on a map recorded in Book 28, Page 31
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 4-foot public
utility easement on Via Jucar serving Lot 698, Tract No. 907 (also known as 101 Via Jucar,
Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book
28, Page 31 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;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
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1. It is mutually aed that PERMITTED IMPROVER JTS shall be defined as a
stone veneer over 6" thick concrete driveway approach/walk, 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, no trees within the 4' utility easement will be allowed, 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. In addition, any new and existing landscaping in the easement shall be maintained
at or below the maximum height of 24-inches. 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.
d. That should CITY be required to enter onto said Easement to exercise its
primary rights associated with said Easement, including but not limited to, the maintenance,
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removal, repair, renewal, n icement or enlargement of existir. )r 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 time.
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.
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
3
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On `i 2) , 2000, before me, 5 giJbt t i �. �'� ��" personally appeared
Fat 4-i r, �1 e t� L 4
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that his/her/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
-12/vAd)
Notary Public inandfor said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
BRAGL . mARTIN
1'234008 Z
Notary P;:. California
Ores..
My Cornr ' • Sep 5, 2003
(This area for official notarial seal)
BRADL ..,/,,itTIN
Commis, 1234008
Notary P; , ...r,fomfa t
C:r-
My Co � :a 5, 2)03
On S , 2000, before me, 1 \AANI V, 1 V 4 personally appeared
61WD4 a ov\vv6 M. - td&s3 , per onally known t me r proved to me on
the basis of satisfactory evidence) to be the perso ( hose nam� i are ubscribed to t
within instrument and - nowledged to me tha his/her executed the same in his/h
authorized capacity and that by his/heri.ignature on the instrument the person
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
LEILANI V. INES
Commission # 1170960 Z
Notary Public - California
Orange County
My Comm. Expires Jan 25, 2002
(This area for official notarial seal)
F:\Users\PBW\Shared\ENCROACH\FORMS\agmt-easement-O'Toole-EPN2000-332Lido.doc
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assigns of OWNERS' inter in the land whether fee or otherv. : 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
CITY OF NEWPORT BEACH,
a Municipal corporation
ATTEST: OWNER:
By:
By:
City Manager
Brian O'Tool e
4
SERVICE GATE
(WOOD, 5'-0' HIGH)
GAS METER
)E METER CABINET)
WEL
_TER
T
(nun,
EASDAENT)
EDISON COMPANY APPROVAL REQUIRED FOR
METER LOCATION PRIOR TO INSTALLATION
ELECTRICAL SERVICE TO BE UNDERGROUND
FOR NEW CONSTRUCTION
Fab INSPECTOR TO REVIEW AND , TOV
UNDERGROUND SERVICE REQUIREMENTS
PRIOR TO CONCRETE PLACEMENT
DRIVEWAY CONSTRUCTION WITHIN THE STREET
RIGHT—OF—WAY CONFORMING WITH THE CITY
STANDARD PLANS AND SPECIFICATIONS
SEWER LATERAL CLEAN —OUT CONFORMING WITH
THE CITY STANDARD PLANS AND SPECIFICATIONS
DRIVEWAY
STONE VENEER OVER 6' THICK CONCRETE
SLAB WITH No. 3 REBARS 0 24'o/c EA. WAY
OVER 2' THICK SAND LAYER.
95% SUBGRADE COMPACTION
— CURB AND GUWEN
— P LAIM:c,
BUILDING SETBACKS SHALL BE MEASURED
FROM PROPERTY LINES TO FINISHED
BUILDING SURFACES
,EX H/B / T "A
}
STATE OF CALIFORNIA }ss.
COUNTY a }
On before me, personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the some in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the Instrument.
WETNESS my hand and official seal.
Signature
(This area for oficiol notarial Sear)
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached
rends as follows:
NAME OF THE NOTARY: TCt� a 11 3. l ctt 1-111
DATE COMMISSION EXPIRES: Sip k 51 '2 o 3
COUNTY WHERE BOND IS FILED: O rah qA C L "4
COMMISSION NUMBER: / 23 y O0 l
MANUFACTURER/VENDOR NUMBER: N N A 1
PLACE OF EXE��J,� ON: t_ i s C � /� 1 v 0 DATE: (/ / t S/ 0 0
SIGNATURE: i/
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I certify under penalty of perjury and the lows of the State of California that the megible portion of this
document to which this statement is attached reads as follows:
Place of Execution Date
Signature: