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Home My WebLink AboutC-6528 - Encroachment Agreement EPN N2001-348 for 4633 Perham Road1. INRECORDING REQUESTED AND Recorded in official Records, County of orange WHEN RECORDED RETURN TO: Gary Granville, clerk -Recorder �" = r, r:11, 4 , '± ii ��l�� iuui��i ip 11111111la�i Ii t�Iil��l � t= s �,i� .•li:1!,!. 1,I I1..: I i� �, , Public Works �e artment City of Newport Beach 20010'68536 04:30PM 10129101 Post Off icep 3o [ (lqaA $ :40 0.x00 0.00 L0 00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beachr CA 92659-1.768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2001-348) THIS AGREEMENT is made and entered into this 15tk day of Oct , 2001, by and between John and Sharon Schumacher (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 4633 Perham Road, Newport Beach, California 92625 and legally described as Lot 124, Tract 3357, as shown on a map recorded in Book 107, Page 6 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Camden Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 124, Tract 3357, as shown on a map recorded in Book 107, Page 6 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 4633 Perham Road, Newport Beach, 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 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 1 PERMITTED IMPROVL ,ENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 30" (inches) wide by 6' (feet) long colored concrete walk way and appurtenances in the Camden 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. E c. If City . other public facilities or improvc..,ents 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 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. 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 indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, 3 claims, suits, costs and e. .enses whatsoever, including reas,. able 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 agree 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. APPROVED AS TO FORM: By: 41LX___ City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation City Manager IN Sharon Schumacher STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE 1 O CA , 2001, before me, / personally appeared perso Ily known to me (or roved to me on the basis of satisfactory evidence) to be the persohose. a (-. i a e ubscribed to the within instrument and acknowled to me tha a/she y h ex ed the same in his/he , 6 uthorized capacityr�(i6 ), nd that by his/her t ei ' natur s) n the instrument the perso s r the entity upon be` if of which the person acted, execute instrument. WITNE§A my hand and official seal. sHAUNAIYNoneR Commission # 1164149 Z , �� Notary Public - California Orange County MY Comm. Expires Dec 5,2W1 otary Public in and r said to ; (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) 1 On �b� �� , 2001, before me, L 1Wi1 . ' l n<s personally appeared 0Wyw'W,2,VJood avi_ ooYw, IM Yk )Ls5 personally known to me(f s to be the person ) hose name6S)')is`/` subscribed to the within instrument and ack dged to me that he/ he has executed the same in his/her/ eir authorized capacit ie , and that by his/her/ ei ignature s) n the instrument the persor s or the entity upon behalf of which the person (s acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State LEILANI V. INES Commission # 1170960 Z ,ha z No`ary Public - Caffornia Orange County My camm. 6,rires Jan 25, f�)2 , (This area for official notarial seal) F:\Users\PBW\Shared\ENCROACH\ROW_agmts\2001\2001-348 4633 Perham.doc A Curb Line .. Applicant: John Schumacher 4633 Perham Road Corona del Mar Site: Same as above Drawing Prepared by: Same as above Drawing Scale: 1/2" - 1' Telephone Number: 949 - 760 - 9656 Type of Encroachment: Concrete walk and steps as needed