HomeMy WebLinkAboutC-6607 - Encroachment Agreement EPN N2005-051 for 109 Via JucarFl,�,r:orded in Off3c:iai ...:cords, Orange county
For" [idly, Clerk-Recorder
ii t
III11 24.00
2005000257622 10.39am 04/06/05
211 1''0 Al2 7
0 06 ci t10 0.0o 0.00 18 00 0 00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2005-0051)
THIS AGREEMENT is made and entered into this day of
��Ma&a& i , 2005, by and between Rita J. Busick Trust, Rita Busick Trustee
(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 109
Via Jucar, Newport Beach, California 92663 and legally described as northeasterly 19 foot of
Lot 699 and the southwesterly 26 foot of Lot 700 of Tract 907, as shown on a map recorded in
Book 28, Page 30 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 the 4 -foot wide public utility easement,
as recorded in book 28, page 30 of Miscellaneous Maps in the office of the County Recorder
of Orange County (hereinafter "UTILITIES EASEMENT"), that is located within the
northeasterly 19 foot of Lot 699 and the southwesterly 26 foot of Lot 700 of Tract 907, as
shown on a map recorded in Book 28, Page 30 of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 109 Via Jucar, Newport Beach,
California 92663;
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 said easements; and
1
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
v
Post Office Box 1768
Newport Beach, CA 92659-1768
Fl,�,r:orded in Off3c:iai ...:cords, Orange county
For" [idly, Clerk-Recorder
ii t
III11 24.00
2005000257622 10.39am 04/06/05
211 1''0 Al2 7
0 06 ci t10 0.0o 0.00 18 00 0 00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2005-0051)
THIS AGREEMENT is made and entered into this day of
��Ma&a& i , 2005, by and between Rita J. Busick Trust, Rita Busick Trustee
(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 109
Via Jucar, Newport Beach, California 92663 and legally described as northeasterly 19 foot of
Lot 699 and the southwesterly 26 foot of Lot 700 of Tract 907, as shown on a map recorded in
Book 28, Page 30 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 the 4 -foot wide public utility easement,
as recorded in book 28, page 30 of Miscellaneous Maps in the office of the County Recorder
of Orange County (hereinafter "UTILITIES EASEMENT"), that is located within the
northeasterly 19 foot of Lot 699 and the southwesterly 26 foot of Lot 700 of Tract 907, as
shown on a map recorded in Book 28, Page 30 of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 109 Via Jucar, Newport Beach,
California 92663;
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 said easements; and
1
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 a
driveway approach of red brick and mortar over a 6 -inch thick concrete slab and
appurtenances to be located in the UTILITIES EASEMENT as shown on EXHIBIT "A"
attached hereto and as approved by the Public Works Department. In addition, if any of the
PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary
from the PERMITTED IMPROVEMENTS approved herein, such variations or changes must
be approved in advance by the Public Works Department 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 the UTILITIES EASEMENT , if substantial conformance with the 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 -day 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 the plans and specifications
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 generally prevailing standards of maintenance, and pay all costs and expenses incurred
2
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 repairs.
d. That should CITY be required to enter onto said UTILITIES EASEMENT
to exercise its primary rights associated with said UTILITIES 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 notify OWNER in advance of its intention to accomplish
such work, provided that an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal,
replacement, 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 the renewal, replacement, 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
UTILITIES EASEMENT and remove all or part of the improvements installed by OWNER.
Termination because of breach shall be upon a minimum of ten- (10) day 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.
3
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 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:M A ��
City Attorney
W
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By: �
C' y Manager
OWNER:
By: Y4 waa"6
ita J. Busick, Trustee
4
n
STATE OF -EAEFFORNA - )
ss:
COUNTY OF OSE- )
2005,
personally appeared
re me, J'?
---t�aa ry)
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they has executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
LkL&
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
M71
personally appeared
, 2005, before me,
n=..........•. 1.11161.q„-n,.....nu.. y........................:"I - :
nwS. PISANO
Notary PublicSiat: of Nevada
Recorded in Washoe rountv. .Nonresident
No: 99.5119$.2. -%pilr'r,
(This area for official notarial seal)
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they has executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or 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
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2005\N2005-0051 109 Via Jucar (busick).doc
5
[11EGEND
�-- TREE
=POWER POLE
=SEWER CLEAN
= WATER METEF
2
BOX
I
cmmov-'mo 'LM\Gk O�srL i
� �trarOPERTY LINE
2 Cc�dt
Ttj
CURB FACE
F-'/-H161T A ,
i
i
ADDRESS
1 ti
APPLI
CANT
/
•�=s OWNER
DESCRIPTION OF WORK
CITY OF NEWPORT BEACH
d
ENCROACHMENT PERMIT C 4c
PERMIT No. N 2 oo 5 -coo s I
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On March 29 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
Dated this 29th day of March 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
EPN2005-0051
# of Pages 7
City of Newport Beach Document Date: 03/21/2005
Signer(s) other than named:
Rita J. Busick
Donna M. Bigi