The URL can be used to link to this page

Home My WebLink AboutC-6537 - Encroachment Agreement EPN N2000-498 for 3 Park PlaceRecorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111116. o a 20010143116 01:53pm 03113101 10973A126 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 (EPN2000-498) THIS AGREEMENT is made and entered into this day ofj%��'�� 2001, by and between Jeff Klein (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 3 Park Place, Newport Beach, California and legally described as Lot 3, Tract 12873 as shown on a map recorded in Book 583, Pages 23 - 24 inclusively of Miscellaneous Maps in 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 easement for ingress, egress, and public utilities on Park Place serving Lot 3, Tract 12873 (also known as 3 Park Place, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 283, Pages 23 - 24 inclusively of Miscellaneous Maps 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; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 RECORDING REQUESTE1 ND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 U 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111116. o a 20010143116 01:53pm 03113101 10973A126 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 (EPN2000-498) THIS AGREEMENT is made and entered into this day ofj%��'�� 2001, by and between Jeff Klein (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 3 Park Place, Newport Beach, California and legally described as Lot 3, Tract 12873 as shown on a map recorded in Book 583, Pages 23 - 24 inclusively of Miscellaneous Maps in 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 easement for ingress, egress, and public utilities on Park Place serving Lot 3, Tract 12873 (also known as 3 Park Place, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 283, Pages 23 - 24 inclusively of Miscellaneous Maps 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; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 1. It is mutually freed that PERMITTED IMPROVE TENTS shall be defined as removal and landscape of 12" of sidewalk in easement, and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. The landscaping in the City easement shall be kept trimmed to a maximum height of two feet. 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. In addition, any new and existing landscaping in the easement shall be maintained at or below the maximum height of 24 -inches. 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. d. That should CITY be required to enter onto said Easement to exercise its primary rights associated with said Easement, including but not limited to, the maintenance, 2 removal, repair, renewal, rL..acement or enlargement of existir,- 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 time. 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. 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 3 assigns of OWNERS' interE in the land whether fee or othem .:, 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 Attorney ATTEST: City Clerk 4 CITY OF NEWPORT BEACH, a Municipal corporation OWNER: in By: City Man ger STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) 2001, before m a&lla h lel personally appeared personallv know to me (or proved to me on the basis of satisfactory evidence) to be the person(g) whose name i /are subscribed to the within instrument and acknowledged to me tha is/ er/they execut d the same i isl er/their authorized capacity(i s), and that by his/her/their signature on the instrument the persorn.(-s� or the entity upon behalf of which the person !X acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and or said §iate STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) SHAUNA LYN OYLER Commission # 1164149 Z , •s Notary Public - California Orange County ioMy Comm, Expires Dec 5, 2001 (This area for official notarial seal) On AAYM 6 , 2001, before me, L�,Oayli V, Mc1 personally appeared I�DyYl�ifr L. X31 �U I,aiWnYw V {.trll .SSS , personally known to me or proved to me on the basis of satisfactory evidence) to be the person snrhose nams) s/ re ubscribed to the within instrument and acknowledged to me that his/her/�it� eoxecuted the same in his/he their authorized capacit ie , and that by his/here--- ignature�n the instrument the perso or the entity upon behalf of which the person(s acted, executed the instrument. WITNESS my hand and official seal OQ�'" � , Jn'4'W Notary Public in and for said State o LEILANI V. INES Commission $ 1170960 Z � �:• - =•mow z No-ary Public - CaGforniq > Z _ Orange County My Ccrnm. Expires Jan 25, 2002 (This area for official notarial seal) \\MIS_1 \SYS\Users\PBW\Shared\ENCROACH\FORMS\agmt-easement-EP00-498KIein-NH.doc 5 t ij Z c 4Cl 1,2- 2 e 0 N v