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Home My WebLink AboutC-6482 - Encroachment Agreement EPN N2003-301 for 283 Morning Canyon RoadC V�* Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 11li!111i1111111111IIIII II! 11111111111!IIII1111111111l1111 111111111 NO FE E 2003001138008 09:37am 09117103 2E4 110 Al2 6 000 0 00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. i ENCROACHMENT AGREEMENT (EPN2003-0301) THIS AGREEMENT is made and entered into this - r day of� 2003, by and between Darrell Duane Ebert (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 283 Morning Canyon Road, Newport Beach, California and legally described as Lot 1, Tract 1116, as shown on a map recorded in Book 36, Pages 19 and 20 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 the Driftwood Road right- of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 283 Morning Canyon Road, Newport Beach, California and legally described as Lot 1, Tract 1116, as shown on a map recorded in Book 36, Pages 19 and 20 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 RECORDING REQUESTEI ND WHEN RECORDED RETURN TO: Public Works Department v City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 C V�* Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 11li!111i1111111111IIIII II! 11111111111!IIII1111111111l1111 111111111 NO FE E 2003001138008 09:37am 09117103 2E4 110 Al2 6 000 0 00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. i ENCROACHMENT AGREEMENT (EPN2003-0301) THIS AGREEMENT is made and entered into this - r day of� 2003, by and between Darrell Duane Ebert (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 283 Morning Canyon Road, Newport Beach, California and legally described as Lot 1, Tract 1116, as shown on a map recorded in Book 36, Pages 19 and 20 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 the Driftwood Road right- of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 283 Morning Canyon Road, Newport Beach, California and legally described as Lot 1, Tract 1116, as shown on a map recorded in Book 36, Pages 19 and 20 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 i consideration of the mutual pron s, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a grouted brick driveway approach and appurtenances in the Driftwood Road right-of-way 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 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 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 2 maintenance, removal, rep, , renewal, replacement or enlarger. t 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 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 shall accept the fact that surface drainage water may enter onto the "SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the development or improvement of the "RIGHT-OF-WAY". 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the 3 "SUBJECT PROPERTY". \ , NER shall defend, indemnify, w8 , 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 to surface drainage water entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY". 9. 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. IN WITNESS WHEREOF, the parties hereto have caused 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: r� x �� By: City Attorney City Ma ger ATTEST: d City Clerk 4 OWNER: STATE OF CALIFORNIA COUNTY OF ss: On 01 o1 V , 200&na re me, personally a eared 1!ele a L( 41 /1 e ei+ personall known to me (or proved to me on the basis of satisfactory evidence) to be the per so whose namek9are subscribed t e within instrument and acknowledged to me that she/they has executed the same iner/their authorized capacity, and that by I � % r/their signature(�bn the instrument the persons r the entity upon behalf of which the rson acted, executed the instrument. IT,NEAA Fmy hand and off icia ea SHALINA LYN OYLER Commission # 1331209 Z Z ..� Notary Public - California i Notary Public in and'for said S (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Z Orange County Iy Comm. Expires Doc On 2 �` 2003, before me, �l l�� l>�� IV�i� P&CIJ personally appeared lilqa �. avt p vI Y1AA, personal,y known to ma, or roved to me on the basis of satisfactory evidence) to be the perste(ssyb w §e nam (s is/ ire subscribed to the wi in instrument and ack ledged to me that yhehas e cutehe same In his/he thVsr uthorized ca acltQe(a and that bp Y his/her/ heiratur s n the instrument the personthe entity upon of which the person acted, execute the instrument. �� ,,� WITNESS my hand and official seal. LEILANI 1. B`lnt Notary Public in and for said State commission* 1336673 Z Z .s Notary Public - California > Z Orange County My Comm, Expires Jan,25, J20O6 (This area for official notarial seal) F:\USERS\WP51\GILBERT\AG\EBERT-283 MORNING CANYON-N2003-0301CDM.DOC 5 CITY OF NEWPORT BEACH EXHIBIT PUBLIC WORKS DEPARTMENT 1 OF 2 SKETCH FOR ENCROACHMENT PERMIT NO. EP- LEGEND = TREE = POWER POLE A = SEWER CLEANOUT Q =. WATER METER BOX Job Address 6"2 m6N11f CjW Owner, Tetephone No. I' FL ii � II li f n II j I II Existing Curb and Gutter A� 4Qot>c�A Cv�Lg c. 'j ErL Center tine of street �)(' P I i,1 Applicant`s Signature ate - Z-Xh'/8 r T ' A Ptease flake a sketch of the Immediate vicinity showing alt property lines, dimensions street names, location of trees, tlght standards, fire hydrants, parking meters or other existing improvements which night be afFected by the proposed encroachments,