HomeMy WebLinkAboutC-6458 - Encroachment Agreement EPN N2001-117 for 1979 Port Locksleigh PlaceRecorded in Official Records, County of orange
Gary Granville, Clerk -Recorder
1! 1111111111111111111! IT I I H 111111 I!II 11111111111111116.00
20010455141 0902am 07109101
109 73 Al2 6
0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2001-117)
THIS AGREEMENT is made and entered into this �.�� day of�%;_,
2001, by and between Nancy R. Harrison; 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 1979 Port Locksleigh Place, Newport Beach,
California and legally described as Tract 7028, Lot 66 as shown on a map recorded in Book
266, Pages 43 - 47 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 Newport Hills Drive East
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1979 Port Locksleigh
Place, Newport Beach, California and legally described as Tract 7028, Lot 66 as shown on a
map recorded in Book 266, Pages 43 - 47 inclusively of Miscellaneous Maps in the office of
the County Recorder of Orange County, Calif-rnia;
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
RECORDING REQUESTE, kND
00
WHEN RECORDED RETURN TO:
L
Public Works Department
City of Newport Beach
of
Post Office Box 1768
t
3300 Newport Boulevard
U
Newport Beach, CA 92659-1768
Recorded in Official Records, County of orange
Gary Granville, Clerk -Recorder
1! 1111111111111111111! IT I I H 111111 I!II 11111111111111116.00
20010455141 0902am 07109101
109 73 Al2 6
0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2001-117)
THIS AGREEMENT is made and entered into this �.�� day of�%;_,
2001, by and between Nancy R. Harrison; 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 1979 Port Locksleigh Place, Newport Beach,
California and legally described as Tract 7028, Lot 66 as shown on a map recorded in Book
266, Pages 43 - 47 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 Newport Hills Drive East
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1979 Port Locksleigh
Place, Newport Beach, California and legally described as Tract 7028, Lot 66 as shown on a
map recorded in Book 266, Pages 43 - 47 inclusively of Miscellaneous Maps in the office of
the County Recorder of Orange County, Calif-rnia;
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 consideration of the mutual prom.,es, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 50'
of private drain crossing Newport Hills Drive East connecting to City of Newport Beach 8" CMP
subdrain and appurtenances in Newport Hills Drive East right -of -away 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 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. 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.
04,
d. That shouid the CITY be required to enter u.,co 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.
6. 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.
Ka
IN WITNESS WHE,.cOF, the parties hereto have cawed this Agreement to be
executed on the day and year first -above written.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:
City Attorney City Mana r
ATTEST:
City Clerk
OWNER:
4
By:
Nancy PJ Harrison
STATE OF CALIFORNIA )
) ss:
CCUNTY OF ORANGE )
On, 2001, before me�W1,ZZd2 Z,, A1,1.
personally appeared /v�personally
known to me (or roved to me on the basis of satisfactory evidence) to be the person(O
whose name(q) is/ re subscribed to the within instrument and acknowledged to me that
he/ e hey has executed the same in hi er)heir authorized capacity(, and that by
his r their signature( on the instrument the person(#) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
{{••�;.;,;T DONNA L. HOKANSON W
COMM. #1176900
(� M NOTARY PUBLIC - CALIFORNIA �
otary Public in and for sai State m ORANGE COUNTY w
. My Comm. Expires Mar. 20.2002
(This area for official notarial seal)
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE ) tet'�AVI
On 001, efore meI V
personally appeared V S- - ,personal)
known to me ) to be the perso
whose n� -is/ Dresubscribed to the within instrument' and acknowle ed to me that
he/she/ y_ has exec d the same in his/her heir thorized capacit es and that by
his/her e' ignaturq n the instrument the person s r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
LEILANI V. INES
C%
Commission # 1 170960 Y "�Y r z
No -cry Public -California �
'?-��t� O r 3e County
Notary Public in and for said State 3 My - D.jresJan25,2,T2
IL
(This area for official notarial seal)
\\MIS_1\SYS\Users\PBW\PArciniega\EP's\EP-2001 \agmt-EP01-117Harrison-NH.doc
5
CITY OF NEWPORT I3[ ACId
PUBLIC WORKS DEPARTMEN �
SKETCH FOR ENCROACHMENT PERMIT NO. EP- N 2.O C7 r l 1 7
LEGEND
Job Address 11170, �ts
=
TREEL
= POWER POLE Owner pa.,AL� ��tQRI SAN
Q = SEWER CLEANOUT Telephone No.
Q = WATER METER BOX
I` 'L
I I i
ii
II
I� I
II I
I C-
li
II I
Existing Curb and Gutter
�DC�L of street -�
O
d
OL
pp can s Signature o e
Please
Make a
sketch of the Immediate
vicinity showing 0 property Unes, dimensions
i r
fire hydrants, parking
street
other
names,
existing
location of trees, Ught
Improvements which might
standards,
9 encroachments.
e
be affected by the proposed
(SEE
Vo -.h5
REVERSE SIDE)
shall be done Qccording to City
Spec ifications and is subject to City inspection.