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Home My WebLink AboutC-5197 - Encroachment Agreement EPN N2000-345 for 2161 East Ocean Blvd.RECORDING REQUESTED r 3 WHEN RECORDED RETURN TO: PUbt (c. \NorKs Depw* trvv\*- 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 11101111111111111111111111111111 I II 1 INO FEE 110 73 Al2 6 20000540252 08:55am 10/10100 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. ENCROACHMENT AGREEMENT (EPN2000-345) THIS AGREEMENT is made and entered into this % day of 2000, by and between Mary i . Spivey (hereinafter "O'v"vNER"), 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 2161 E. Ocean Blvd., Newport Beach, California and legally described as Lot 24, Block E of Tract 518 as shown on a map recorded in Book 17, Pages 33- 35 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 a portion of E. Ocean Blvd. right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2161 E. Ocean Blvd., Newport Beach, California and legally described as Lot 24, Block E of Tract 518 as shown on a map recorded in Book 17, Pages 33-35 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, in .;onsideration of the mutual promis the parties hereto agree as follows 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as removal of portland cement concrete landing and replacement with Indian Hawthorne shrubs, sprinklers and appurtenances in the Ocean Blvd. right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. The existing City Carrotwood tree (Cupaniopsis anacardioides) shall not be removed for these improvements. City staff will assist with any root pruning, if necessary, to accommodate the development. 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 as 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. V1If NER and CITY further agree as fOilu'vvs: 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 shoulu the 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 comp i fenced 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 CITY OF NEWP❑R1 3EACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT NO, EP- F1, 0(7) ZA LEGEND A = TREE POWER POLE SEWER CLEANOUT WATER METER BOX Job Address Owner Telephone No. l=_ 1 Q t,_ 2' ra c. () z LVb . MM V c4q • to.T5. 1400. l; �, . c, cs 0 4_ {=a 1'4 v i ix Existing Curb and Gutter VZ-(\No . W . C , c. L ra v--n c.-t fz=, N) YZ \-74_ W L. c_. lW \--c 1 1,k k •1 AL^ va+c �= r 0 Se Z. Y•-% E'` L rL . •� Center line of street X. 7rLt•• Q \L1:: lrV LI\G Applicant's Signature Date 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. (SEE REVERSE SIDE) Works shall be done according to City Specifications and Is subject to City inspection, STATE OF CALIFORNIA ) ) ss: COUNTY RANGE ) On efore ��Q y 4-• personally appeared ' &, 7 ,� /e,f , pe sonally known to me (or proved to me on the sis of sa isfactoly evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has 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 person acted, executed the instrument. WITNE j my hand and official seal. otary Public in and •r'aid Sta (This area for official notarial seal) STATE OF CALIFORNIA ) ss: NMI SHAUNA LYN C.: Commission # 1 4149 Notary Public - C nia Orange Co. y My Comm. ires11, 5. 2001 SHAUNA LYN OYLER Commission # 1164149 Notary Public - California Orange County My Comm. Expires Dec 5, 2001 It, COUNTY OF ORANGE ) \' On -eNt�i�' 2� ( , 2000, before me, �1IGv4i v \rzs personally appeared 5Yv2v0v1 WOOD 4 L-AVov wK, - y lcS5 , personally known to me or proved to me on the basis of satisfactory evidence) to be the person s) whose n.lie (�is/ ubscribed to the within i trument and acknowledged to me that he/she/ty' has executed the same in his/her . uthorized capacity( and that by his/her eir 3ignatur (s n the instrument the per.,o s or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. oCzoL\I .421,47 Notary Public in and for said State LEILANI V. INES Commission # 1170960 No-ary Public - California Orange County My Comm. Expires Jan 25, 2002 (This area for official notarial seal) z \\MIS_1 \S Y S\Users\P BVV\S h a red \ENCROACH \FORMS\ag mt-E P00-345 S p ivey-B P. d oc 5 IN WITNESS WHERE.:F, the parties hereto have cau. this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: By: ATTEST: City Attorney CITY OF NEWPORT BEACH, a Municipal corporation OWNER: City Manager 4