HomeMy WebLinkAboutC-6180 - Encroachment Agreement EPN N2003-050 for 3212 Broad StreetJ
RE-:;ORDING REQUESTED HND
WHEN RECORDED RETURN TO
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Public Works Department
City of Newport Beach
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Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EF'^;2003-0050)
THIS AGREEMENT is made and entered into this � �tk day of
2003, by and between Richard Rainer Baron (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 3212 Broad Street, Newport Beach, California
and legally described as Lot 13, Block 7, Tract 27, as shown on a map recorded in Book 9,
Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard irnprovements
(hereinafter "PERMITTED IMPROVEMENTS") within the Broad Street right-of-way
(hereinafter "RIGHT-OF-Ln/AY") that is located adjacent to Lot 13, Block 7, Tract 27, as shown
on a map recorded in Book 9, Page 26 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as, Newport Beach, 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 RIGHT-OF-WAY; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions requires; by CITY to permit OWNER to reconstruct and maintain said
PERMITTED IMPROVEMENTS;
1
EKWA,
61.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
concrete/brick entry way with steps, pilasters with lights, grouted brick curbing, 3 -foot high
wooden picket fence, landscaping, and appurtenances in the Broad Street right -of -away as
shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. The
landscaping (i.e. shrub and bushes) except existing tree(s) shall be maintained at a maximum
height of 24 -inches above the ground within a defined "Limited Use Area" per City Standard
Plan 110-L. 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 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. Along Broad Street right-of-way, the landscaping (i.e. shrub and bushes) shall be
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maintained at a maximum r ht of 24 -inches above the ground `hin "Limited Use Area" per
City Standard Plan 110-L. 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 repairs.
d. That should CITY be required to enter onto 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
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any term of condition of th' 'agreement, the prevailing party s' " be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall 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 agree 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.
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 Attrorney
ATTEST:
by,
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
By:--✓�
City Manage
OWNER:
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By:
Richard Rainer Baron
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On Wr 2003, before me, I ai l 1�►'�`n �k/J�rb b I I G
personally appeared RZicti rA goyfor Poop ,
pefsefleN e—Irre r proved to me on the basis of satisfactory evidence) to be the
person whose name is are subscribed t the within instrument and acknowledged to me
tat a he/they'I executed the same In hl er/their authorized capacity(ik'i�), and that by
his er/their signature on the instrument the person( or the entity upon behalf of which the
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person acted, executed the instrument.
WITNESS my hand and official seal
,444,�- -�- (�MKA�
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
4LEILANI I. BROWN
Commission # 1336673 Z
i •y; Notary Public - California
Orange County
My Comm. Expires Jan 25, 2006
(This area for official notarial seal)
On 'ci� 2003, before me
personally appeared v
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persoOjeekt
known tom evidence) to be the
persowhose nam�s is/ re ubscribed to the within instrument and a owledged to me
that hhe executed the same in his/he their uthorized capacit ies and that by
his/her Ignatur (s ' n the instrument the perso (s) r theentity upon behalf of which the
persoted, execu ed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\WP51\GILBERT\BARON-EPN2003-0050-3212 BROAD STREET -NH
CATHY FISHER
Commission # 1341009 Z
z Notary Public - California i
Z Orange County
My Comm. Expires Feb 21, 2006
(This area for official notarial seal)
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If necessary a retaining curb/wall shall be installed to maintain sidewalk
clearance. Field conditions will dictate if a 3 -foot wide concrete is necessary
and/or if an alternative material (i.e. decomposed granite) sidewalk is necessary.
The field conditions shall be determined once all landscaping/improvements has
been removed, tree roots exposed, and the grading for the sidewalk installation
has been completed. Concurrently, the City's Public Works inspector and
General Services Urban Forester (John Conway) shall field inspect and
determine the sidewalk/tree situation. If the City's inspector and Urban Forester
determine the field conditions adjacent to the existing White Alder tree
necessitate decomposed granite adjacent to the existing tree roots, the material
shall be a minimum 4 -inches thick with 1 -sack cement per cubic yard slurry
mixture.
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If necessary a retaining curb/wall shall be installed to maintain sidewalk
clearance. Field conditions will dictate if a 3 -foot wide concrete is necessary
and/or if an alternative material (i.e. decomposed granite) sidewalk is necessary.
The field conditions shall be determined once all landscaping/improvements has
been removed, tree roots exposed, and the grading for the sidewalk installation
has been completed. Concurrently, the City's Public Works inspector and
General Services Urban Forester (John Conway) shall field inspect and
determine the sidewalk/tree situation. If the City's inspector and Urban Forester
determine the field conditions adjacent to the existing White Alder tree
necessitate decomposed granite adjacent to the existing tree roots, the material
shall be a minimum 4 -inches thick with 1 -sack cement per cubic yard slurry
mixture.
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March 11, 2003
TO: Gilbert Wong, Public Works Department
FROM: General Services Director
SUBJECT: 3212 Broad Street, Encroachment Permit #N2003-0050
Staff has reviewed the subject encroachment permit regarding parkway improvements located at
3212 Broad Street. The permit is approved subject to the required actions to be taken by the
permit applicant:
1. The property owner will assume all costs and liability associated with the
installation of the proposed improvements.
2. Staff is aware that the property owner has been directed by the Public Works
Department to install a sidewalk at the project site; and, that in order to preserve the
existing White Alder, the City will allow the sidewalk to be constructed of
alternative material. Given these conditions, staff recommends that the sidewalk be
constructed of decomposed granite to ensure that the White Alder is not negatively
impacted. Root barriers must also be installed. Installation must comply with
Century Root Barrier specifications (CP Series — Root Barrier Panels, CP 18-2)
with linear application. Backfill must be 3-4" of gravel behind each barrier along
the entire length of the barrier.
If a concrete sidewalk is installed instead, it must meander as far away as possible
from the tree. The property owner shall contact the Urban Forester prior to
installing a concrete sidewalk for further instructions regarding protection of the
tree.
3. The Tupidanthus calyptratus may be removed to install the proposed improvements.
John Conway, Urban Forester, will gladly assist the property owner with questions
regarding any of the above items. He may be reached at 644-3083.
David E. Niederhaus
Meldridge/EP#N2003-0050 FEX I `y A