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"