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Home My WebLink AboutC-6525 - Encraochment Agreement (for El Paseo Drive Center Median)UnY RECORDING REQUESTED ATvu Recorded in the County of Orange, California WHEN RECORDED RETURN TO: N Gary L. Granville, Clerk/Recorder n Public Works Department VIII IIIIIIIIIIIIIIIIIIIIIIIIIII I IIII IIIIII III No Fee Citof Nort Beac Post OfficepBox 1768h 19970062023 09;20am 02/10/97 3300 Newport Boulevard 008 10017387 10 30 V Newport Beach, CA 92659-1768 Al2 6 7.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this _}'0 day of Qby 1997, by and between Irvine Terrace Community Association (ailing A,lddress: P.O. Box 19530, Irvine, CA 92623), (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 w3 laws of the State of California, (hereinafter "CITY"); /f ej .r W I T N E S S E T H: WHEREAS, OWNER desires to construct certain improvements, (hereinafter "PERMITTED IMPROVEMENTS") in the center landscaped median located within El Paseo Drive right-of-way ( hereinafter "RIGHT-OF-WAY"), Newport Beach, California and legally described as El Paseo Drive, Tract 1701, as shown on a map recorded in Book 52, Pages 9 and 10 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; 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 lighting and appurtenances in the center landscaped median within El Paseo 1 Drive right -of -away as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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 illfurther 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. Oc,Tr.:ER 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, the OWNER shall pay the cost of electricity for both the voltage lighting and the City irrigation controller. 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 maintenance, removal, repair, renewal, replacement or 2 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 cf 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, 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 assigns of OWNERS' interest in the land whether fee 3 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: By: City Attorney ATTEST: By: m, / V(,ln-tC�, City Clerk CITY OF NEWPORT BZACH, a Municipal corporation C' M age OWNER: Irvine Terrace Community Association V _Jhc't0 Val Skoro, President By: t�!! 1! Marilyn Sk 'e Henley, Secretar 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE �� /) On y997, beforee.me� �� di�pe rsonally appeared ./(f- personally known _o me (or proved taVme olh the basis of satisfactory evidence) to be the perso (s) whose name(s) is ar subscribed to the within instrume t - and acknowl,edgea t e• t he/she(! 'has executed the same in his/her/ hei � authorized capacity i ��and that Ey his/her/ S�ael-r)signature on the Z_ instrument the perso (s� or the entity upon behwi- of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for s STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE Stat (This area for official notarial seal) rY � Ek•�. Y'% Shauna Lyn Oylerg 2681 Comm. #100 ^ "" z �* OTARY PUBLIC CALIFORNIMI ORANGE COUNTY `I Comm Expires Aug 22, 1997 4 �� 199 b fore me MENS `UTLER On 7 -�-�,, personally appeared GylX�ilX , personally'known QYo me (of pr/ved to me on the basis of satisfactory evidence) to be the persons ..whose name(s1_is/are subscribed to the within instrument and acknowledged to me that he/she/they haV executed the same in his/her/their authorized capacity(s), and that by his/her/their signature(s) on the instrument the personipior the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State frIV019M ORO It" Cam. #100"78 OPANGE COUNT tJ Ca1M1. E104ft Na. 11, 1997 F:\USERS\PBW\GWONG\ITCAENC.DOC (This area for official notarial seal) rNIF , ' )TLER V cc c .:. 378 OTARY ; '!C CALIFow C: ,;,...E COUNTY Comm. Expires Nov. 11. 1M 5 'Froposed new lighting at exisiting E L P a S e 0 nter divider on EI paseo and Baysidt Lega¢d GFI Outlets (20 amp) ® New Well Light Existing Trees New photo electrical controls Bayside Drive E L P a S e 0 ctrical meter Signage �"Xf�/ S/ T A " LY./27/199; 19:19 7142291182 JAN -27-1967 16:11 FROM UJMEN--B INC. JAMES ELECTRIC INC TO WY07 SPECIFICATT FEATURES UL and 9UL Halted for wet RmOone. HOUSkWO-001ble "le piece oarr- pmWon molded Abwglm r@Worcw polyaelsr eamposlte, prowlrocl. Lens Pllrip-- l* place mnprossivn molded tsomposite with Qeskobd leers. Rock Gueed`—&Vs piece pompres- Slor molded aitectkumai ruck guard with Ions OW mm Is glare Arid IlgM pal - terra. Fir"l- Color impe'agnated bmnm cvrnpv$*, Lff*— Conv olaar, h)gh temperature, tempered glass fumishea with a 9asW for a wata"m reel. 8aakwt—MIO, bi-pin hype: MM, dou- ble eerow terminal; 12 and IM2, poree- lahr medium bm. 1nwafOrly'tep—Mi 6, rrM factoty wired and tasted 120Y to 12v cwe and COIL for maximum 75 want lamp. 8allsist«wThe IM2 is it standard core Ana Goll normal power faetor.120 volL Almin4p—MR15 and PARK lamps beClu& 36r rotation wW 1.50 pil ve+b" adluetabillty. Cine voltage Wrps ere not adtuetaal., Iia !'m�' Two Va• N" OW" "m 'y c mo)dsd compo " rook "rd (WO -180 _ Gents t"ros ONwif staimum *sWWM BOTTOM VIEW Gasket for w0fropm "Of so" ase — oompos N housing Pr~,:--�E 06 17142290182 P.01 �, y µ G �f TOP VIEW Ulm /' (in 1W witY) MAXIMUM WAT TACE L.AMPING GUIDE no Cm A wwnAtrill M A (9m) 595 am 0 Fax j J J 01/27/1997 19:19 7142290182 JAN -27-1967 16;11 FROM LUMEN -8 INC. r C JAt; -IES ELECTRIC IPIC F'AGE 07 TO 17142290182 P,02 1211-@110UND tI�R11'� DpClll''1'ION ►N�118F1 VOLTAGE WAMU E I31nd '~ i e a '�OrOune wAbOrc ppNa won 120x12 law IAq 1 a "W MR1e 1"M2 4W w��a ,turns. 120x12 SSW FARM I f • • r • NY� 04k WMW 120 100W FAR4W #: •' 4r #'a+s7e 124 1QQW P/1NFi30 lIwO3'M60 :1rVVYrAd'YMRbvIcvmd aromas 124 WW MV MR20 "NOM: MY$ SW nM PAM Ade plMY ed>r<I WO 12W m 12V b4W* t+aWomw.. Accomfy catal" R 086011PU011 Flnlsh L . UHMIMmf GK04; ft I�sass.p�Qp�plsss� IAl t km Blue Tempered Lens 131H Mini Shield Bronze AIV ICGte Smop-an, cut-off louver (iqr MR10 Lampe) — [CG36 Snap -on. aut-oH louver (For WNRJB Lampe) CP2 Concrete pour lot (For 11 and 12). Kit wV fmtve hous+r,p nnuet be installed together. L . UHMIMmf GK04; ft I�sass.p�Qp�plsss� 01 /227.." 1997 19: 19 71422901132 JAN -27-1997 16:12 INTERMATIC LA -JAMES ELECTRIi_; IPdi1 AUNTERn/1ATIC' PHOTO SLUCTRIC CONTROLS FIXED AND GON64ML MOUNTED MODELS The s►pVest: 15 aama rated okoco controls available- 0 3vl>ailaable , . , 0 4v' L CO. PHOTO CONTROL FIX130 MOUNTING - THERMAL TYPE SERUM K41 Qty no automatic tt9910 switch, 5 YEAR WARRANTY Save energy by turning lights "on" and "off" automatically with this therms) type control unit. 4 light level adjustment slide allows s wide range of opplics tions. Use w+th porch or parking area lights fpr safety, eav fs lighting for Security, patio or pool lighting to prevent asci Ionia, to operate airport rvnwdy lights, etc. Compact, lightweight, and corstruated for outdoor installation. these units reslat rust. aln, sleet, snow, dust or oxidation. UL and CSA listed for ut a outdoors. All models are equipped with -stand trd 1/2" —14 threaded stem, neoprene gasket, locking nut, and three 6" (20.3 em) color Coded leads. Fa1XZO MOUNTING Motaiols and Resimea PAGE C18 213 722 1262 P.001/002 ck- PHOTO CONTROL GWIVUL MOUNTING 'I"HEAL'rYPS)S SGR,Ctiii K4 Swivel allowsadjustmpnt mostenvengle. This thermal type e oiwithin onttimedelayresponse prevents erroneousae do h all sonic welded LexanO housing and Ions monis m re o and assures t:omunuous operation within a wi emp t re range (approximately -30°F R-3441010 1 (6500) ), is heve three g" (15.2 om) color coded ds toassure fatIlt, c t wiring (and the other featur f the K4100 so iek) TAe join stem tallows the "eve" to bedirecta4 so that only proper lighting eclivetes the unit.,A light level adjustment slide permits timi ig of the control: MODEL NO. VOLTS 60/80 HZ. WA ITS AMPS. 9ALAAST' SHIPPING WT' EACH FORMERLY TUN(- $TEN BALLAST' K4121 120 T E 00 1000 $.3 0.14 Ib (0.00 kg) — K4124 208 2(00 1700 8.3 0.14 Ib 10. kg) — K4122 240 2C 00 2000 8.3 0.14 10 (0.0 kg) KA133 277 3(00 23W 8.3 0.14 lb 0. k — OWIViL MOUNTINGS M *dale and Ratings ft%�. MWA NO. 1;0/60 HT, AMPS, 13ALL"T' PINt3 avl, EACH N BALLAST' K4221 120 1100 1 tX10 Q.21 - K4224 208 2( 00 8.3 — K4M 8.3 �,�.+ 0.2T Ip 40. kg) -- 1(4 277 1 3C 00 2300 1 8.3 L 0.21 io too VQ) 08,I14st rating shown is based upon tfc''1G power fatter. INTteEFIMr4TIC INCOMPORATECt SPPING GROVE, jL. 60091 01/27/1997 19:19 7142290192 _AI'lES ELECTRIC IHC JPN-27-1997 16 13 INTERMATIC LA COMPACT CONTROL -1111, IModel Capsbill�lwt# SERIES SVTCH TYPE A-:TIVATION IN FOOT CANDLE POWER MOUNTING STYLE ON OFF K4121 Thermal S • 5 F,; 3 . 1S FC Fixed K4124 Thermal 1 - 5 F" 3 .15 FC mounting 74" K4122 Thatmai 1 5 F; 3 - 15 KC hreedad sten K4133 Thrlrmal 1 6 1131: 3. 15 FC with locking Ftl foot 1 I0v ItuPO4VI nut K4221 Therrnai 1 • 5 F : 3 15 FC A41ustsble K4224 Thermal 1 _3F; 3 - 16 FC Ounting will K4222 Thermal 1 13F, 3 , 1 S FC 14 threaded K4233 Thermal 1 • 3 F; 3 • 15 FC stem and lockirm nut OkRKS i I Smallast 15 amp rateo photo control available Swive: "eye'' to properirectipn for pecoise lighting pontr 1 PAi_iE 09 r . UUz/ UUc wlalfNO OIAGRAM PmaTO CONTROtL. MOUNtINC; 01MVINSIONS MOC3t;t, O 1441 01, K4104. Kati Olt, K4133, K4221, ktilili8e4, K4422, K4R39 " THREADED STEM yt" THREADED LOAD) These controls are provided wit h three 6"(20.3 cm) eotcr coded leads. All units hive a WHITE 1084 to neutral lime, a BLACK lead to hot line. ends RED 1080 to load (lamps to be controlled). May ba installer in any approvedoutdoor FS junction box lad try with neoprene gasket providto prevent enOf moisture, Can be mounted in 14" —14 thrtead ' d (tapped) or %r hot& for knockout), gest results are obt lined with "eye" of the photo control exposed tC full daylight from northern sky. if testing in daylight. complete) 0 cover "eye" opening and allow up to five minutes; for delayed res�ponse control to operate. Far earlier "on" time (arid Iste," "off" time) adjust slide downward tO partially c )ver "eye OAMPL O it %SCIIa1CAT17N>>R1 K4100 SERIES M00660 Photo control shall be of the therme type. Photo control shall have a rating of _ (Watts) for (tungsten or ballast) loads, at Nottage rating) volts. Unit to be sonic welded amd weathe *proof. To be equipped with light level adjustment sltde. To I -e the smallest 15 amp photo control available. To hove I/2 — 14 threaded mounting with neoprene gasket anc looking nut. Photo control shall be inter,"otic Mo iel or squivelerlt 1441200 SXR1118 MODMfi OI oto control shall bs of the therm rI type. herproof 15 amp photo control with Ing of (watts) for ! (t en or ballast) toads, at -(voltage ratf ts. To be equipp its ad Aleme swijrel-arm mounting ate," including 1 /2" dad stem, iobking nut and neoprene gasket. Un' co n a light lural adjustment elide. PM@o control shall be Interm equivalent. Printed in U.S.A. no be rettp0 �hl tibielfor fgdurn 9f �tfNiftic 11 tss prWuatewho" nm used oowdinp t tl re0l 0 Ond Ww.diC01009011494141 " condnimi of �Iletien e IN6eraOntetil will Dt5TRIOUTED BY or us* aro beyond our Control fntermnhC PNoYo CONrAOI WIDE LOAD r � aN GH ONICK ntto I su1`ILY WHITE 11` 1 NLUYgAL BLACK (N Ftl foot 1 I0v ItuPO4VI WHITE (NEUTRAL) " THREADED STEM yt" THREADED LOAD) These controls are provided wit h three 6"(20.3 cm) eotcr coded leads. All units hive a WHITE 1084 to neutral lime, a BLACK lead to hot line. ends RED 1080 to load (lamps to be controlled). May ba installer in any approvedoutdoor FS junction box lad try with neoprene gasket providto prevent enOf moisture, Can be mounted in 14" —14 thrtead ' d (tapped) or %r hot& for knockout), gest results are obt lined with "eye" of the photo control exposed tC full daylight from northern sky. if testing in daylight. complete) 0 cover "eye" opening and allow up to five minutes; for delayed res�ponse control to operate. Far earlier "on" time (arid Iste," "off" time) adjust slide downward tO partially c )ver "eye OAMPL O it %SCIIa1CAT17N>>R1 K4100 SERIES M00660 Photo control shall be of the therme type. Photo control shall have a rating of _ (Watts) for (tungsten or ballast) loads, at Nottage rating) volts. Unit to be sonic welded amd weathe *proof. To be equipped with light level adjustment sltde. To I -e the smallest 15 amp photo control available. To hove I/2 — 14 threaded mounting with neoprene gasket anc looking nut. Photo control shall be inter,"otic Mo iel or squivelerlt 1441200 SXR1118 MODMfi OI oto control shall bs of the therm rI type. herproof 15 amp photo control with Ing of (watts) for ! (t en or ballast) toads, at -(voltage ratf ts. To be equipp its ad Aleme swijrel-arm mounting ate," including 1 /2" dad stem, iobking nut and neoprene gasket. Un' co n a light lural adjustment elide. PM@o control shall be Interm equivalent. Printed in U.S.A. no be rettp0 �hl tibielfor fgdurn 9f �tfNiftic 11 tss prWuatewho" nm used oowdinp t tl re0l 0 Ond Ww.diC01009011494141 " condnimi of �Iletien e IN6eraOntetil will Dt5TRIOUTED BY or us* aro beyond our Control fntermnhC