HomeMy WebLinkAboutC-5412 - Encroachment Agreement EPN N2000-416 for 314 Carnation AvenueRECORDING REQUESTED 'D
WHEN RECORDED RETURN I O:
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
(EPN2000-416)
THIS AGREEMENT is made and entered into this f7t1 day of tie ,
2000, by and between Ross Billings; 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 314 Carnation Avenue, Newport Beach, California and legally
described as portions of Lots 14, 16 and 18, Block 231 of Corona del Mar Tract as shown on a
map recorded in Book 3, Pages 41 through 42 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 Bayside Drive right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 314 Carnation Avenue, Newport
Beach, California and legally described as portions of Lots 14, 16 and 18, Block 231 of Corona
del Mar Tract as shown on a map recorded in Book 3, Pages 41 through 42 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 RIGHT-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, ;onsideration of the mutual promiE the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as the
rocks, landscaping and appurtenances in Bayside Drive right-of-way as shown on EXHIBIT "A"
attached hereto and as approved by the City Engineer. Owner will maintain this area and will
inset the rocks about two feet from sidewalk. Rocks will be set in depressions to prevent
movement. 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. 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 shot he CITY be required to enter or said 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, waive, 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.
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IN WITNESS WHER F, the parties hereto have cat, I this Agreement to be
executed on the day and year first -above written.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
Bv:
B
City Ma ger
4
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On �'3L� 2000, before me,� '�
y�A., h s� )
personally appeared ‘2,0_ S rrl
n-#e-r�rre or roved to me on the b�is
I J
.kn ( of satisfactory evidence) to be the person
whose name`( is re subscribed to the ithin instrument and acknowledged to me that
he/they has executed the same in hi her/their authorized capacity(, and that by
her/their signatureon the instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. ""
CATHY FISHER
Commission # 1174329
�\ �."^•,�c,; Notary Public - California
‘-47 Orange County
My Comm. Expires Feb21,20C2
Notary Public in for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OFF jORANGE ) 1/
On I\I9Vtvh ir" 1 „ 2000, before me, WI1,0101 V 111>.
personally appeared 1-i'DWI1Y 1,. lvt44Mv1 Lmlovit 1c/ MM/, . , personally
known to me or proved to me on the basis of satisfactory evidence) to be the person
whose nam (s is/ re subscribed to the within instrument and acknowled • ed to me that
he/she he has executed the same in his/her he authorized capacity and that by
his/her ignatur s) on the instrument the persor the entity upon behalf of which the
person acted, execute the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
\\MIS_1 \SYS\Users\PBWMShared\ENCROACH\FORMS\agmt-easement-EP00-416Billings-CDM.doc
LEILANI V. INES
Commission = ; 170960
No-ary PuDIEC - California
Orange County
My Comm. Expires Jan 25, 2x2
LEGEND
= TREE
+ = POWER POLE
A = SEWER CLEANO T
Q = WATER METER :OX
.ITY OF NEWPORT BEACF
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT NO, E� N :wco - 4 I 3 0
EXHIBIT 'Al
1 OF 2
,Jbb Address 3/ /
Owner G //
Telephone Nag ✓1 7;s
SAC i
I
'
1 t
Existhng rb and Gutter —
Center line of street —�
Please make a sketch of the Immediate vicinity showing all property lines, dimensions
street names, location of trees, light standards, fire hydrants, parking meters or
other existing Improvements which might be affected by the proposed encroachments.
CSEE REVERSE SIDE)
Works shall be done according to City Specifications and Is subject to City Inspection,
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