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HomeMy WebLinkAboutC-6488 - Encroachment Agreement EPN N2003-333 for 307 Alvarado Placevu," Recorded in Official Rec. .s, County of Orange Tom Daly, Clerk -Recorder 111!1111111111111111111111111111111111111111111111 III111111NO FEE VIC 200300122612104:01 pm 10!06/03 213 109 Al2 6 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 (EPN2003-0333) THIS AGREEMENT is made and entered into this c;)34 day of 2003, by and between Loretta V. Baker (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 307 Alvarado Place, Newport Beach, California and legally described as Lot 68, Map of Subdivision of Block "C", Newport Bay Tract, as shown on a map recorded in Book 4, Page 29 inclusively of Miscellaneous Maps in ,t the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 6 -foot public utility easement serving Lot 68, Map of Subdivision of Block "C", Newport Bay Tract Tract (also known as 307 Alvarado Place, Newport Beach, California) hereinafter "EASEMENT", as shown on Resolution No. 2536 as a document recorded in Book 1133, Page 76 in the office of the County Recorder of Orange County, 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 the Easement; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 RECORDING REQUESTED JD WHEN RECORDED RETURN TO LJQ Public Works Department ?. City of Newport Beach Post Office Box 1768 3300 Newport Boulevard V Newport Beach, CA 92659-1768 vu," Recorded in Official Rec. .s, County of Orange Tom Daly, Clerk -Recorder 111!1111111111111111111111111111111111111111111111 III111111NO FEE VIC 200300122612104:01 pm 10!06/03 213 109 Al2 6 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 (EPN2003-0333) THIS AGREEMENT is made and entered into this c;)34 day of 2003, by and between Loretta V. Baker (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 307 Alvarado Place, Newport Beach, California and legally described as Lot 68, Map of Subdivision of Block "C", Newport Bay Tract, as shown on a map recorded in Book 4, Page 29 inclusively of Miscellaneous Maps in ,t the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 6 -foot public utility easement serving Lot 68, Map of Subdivision of Block "C", Newport Bay Tract Tract (also known as 307 Alvarado Place, Newport Beach, California) hereinafter "EASEMENT", as shown on Resolution No. 2536 as a document recorded in Book 1133, Page 76 in the office of the County Recorder of Orange County, 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 the Easement; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 NOW, THEREFORE, consideration of the mutual prom, 3, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a 6 -foot high wooden fence and appurtenances 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 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 the Easement, 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' written notice, with prior City Council approval, 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 as a result of exercising it's easement rights to maintain, repair, or replace it's sewer line. 4. OWNER and CITY further agree as follows: a. OWNER may, at owner's cost and expenses, 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 all repairs. 2 d. That show,, CITY be required to enter onto s, . Easement to exercise its primary rights associated with said Easement, 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 reasonably 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, restoration, or replacement of the PERMITTED IMPROVEMENTS. e. This agreement does not extend the OWNERS' any rights to construct any additional improvements at a later. 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 EASEMENT and remove all or part of the improvements installed by OWNER. Either party that is alleged to have breached any material provision of this agreement shall be given 30 days written notice of the breach and the opportunity to cure with the date of breach and the date of termination, if cure is not made. 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. 3 7. OWNER agrees .,at this Agreement shall remain i. gull 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: otx4ty, W) - /_� �� ff" ) City Attorney ell ATTEST: LdI, g,/4, City Clerk OWNER: 21 By: /� A City Ma ger Loretta Baker STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) re personally alSpeared /' v /--ce.�er , pers6nally known to me � r proved to me on the basis of satisfactory evidence) to be the person(s) whose nam X) are subscribed to the within instrument and acknowledged to me that his/her/they executed the same in hi5qg0heir authorized capacity ( and that by hilt/their signature on the instrument the perso 1 (9or the entity upon of which the persons acted, executed the instrument. �� WITNE my and and official seal. �sHAUNALYNOYLER Commission # 1331209 z Z Notary Public - Califomia i Orange jaP�AyComm.Expires 05 Notary Public in and for said Side- (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On /`j 2003, before m V�� t��� �, IL f✓t �1�'�' �� �V�� c/ personally ap eared VV�r L- .tI�,u � �A,OOX A. Nr. , rso Ily known to (or roved to me on the basis of satisfactory evidence) to be the perso s) w nam (s is are subscribed to e within instrument and acknowledged to me that_ris a the xecuted the same In his/her their uthorized capaci (ies and that by his/he th i signature on the instrument the perso s or the entity upon behalf of which the person s acted, executed the instrument. WITNESS my hand and official seal. ��✓VlA' -� - �J�' tl W " � Notary Public in and for said State LEILANI I. BROWN Commission 8 1336673 Z ••m Notary Public - Califomia Orange County My Comm. Expires Jan 25, 2006 (This area for official notarial seal) F:\WP51\GILBERT\AG\BAKER EPN2003-0333-307 ALVARADO PLACE -EAS EMENT-BP. DOC -ITY OF NEWPORT BEACh �- X��►1�►-� j� PUBIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT N11, LEGEND = TREE $ = POWER POLE = SEWER CLEANOUT 0 = WATER METER BOX Job Address �j�� A )aly`OLd 0 T UJ. Owner e"'IY' Telephone No, q,4CI — U-1 S- 9- - (L V P, L W -\,N L'enter line of alley Q w i .Z� S CZ E P E W t -t- VA A 0 o -T �-1 w oo p� N 1 ENCC 1 d w �Z N �." X ��� P o s T s CS w @ o F F C E N'T E YL e c WTEt�V�Lv�iW�IEYLE TNc PosTs RYL I I i I II ( C J II ll j II II Applicant's Signature Uate Please rake a sketch of the immediate vicinity showing all property lines, dimensions street naves, location of trees, light standards, fire hydrants, parking meters or other existing improvements which night be affected by the proposed encroachments. (SEE REVERSE SIDE) Works shall be done according to City Specifications and is subject to City inspection, GV�4tR!'T "A"