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HomeMy WebLinkAboutC-6935 - Encroachment Agreement EPN N2005-0487 for 309 Singal RoadkJ RECORDING REQUESTED AND WHEN RECORDED RETURN TO: 1 v Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Re. ds, Orange County Tom Daly, Clerk -Recorder 1 illlll III!! IIIII Ili!1 IIIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII I1111 !III111130.00 200600006949911:50am 01 /31 /06 212 143 Al2 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0 00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2005-0487) THIS AGREEMENT is made and entered into this 1-51�x day of ,I-- 2005, by and between Michael D. Grubbs and Peggy S. Grubbs (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 309 Signal Road, Newport Beach, California, 92663 and legally described as Lot 98 of Tract 1218, as shown on a map recorded in Book 37, Pages 47 through 49 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 the Signal Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot 98 of Tract 1218, as shown on a map recorded in Book 37, Pages 47 through 49 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 309 Signal Road, Newport Beach, California, 92663; 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 1 WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct 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 18-foot wide driveway approach constructed of colored -interlocking concrete paving stones, a five-foot wide entry walkway constructed of colored -interlocking concrete paving stones, and a planting area with a maximum height of 30 inches consisting of New Zealand Hair Sedge, Blue Sedge, Santa Ana Coral Bells, White English Lavender, Statice, African Boxwood, Bronze Baby Flax, Jack Spratt Flax, Variegated Flax, Indian Hawthorn, and California Blue Sage in the Signal Road right-of-way 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 RIGHT-OF-WAY, if in 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 2 on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with generally 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 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 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 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) day notice, with the 3 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 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 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: C,_ Aaron Harp, Asst. City Attorney ATTEST: B: I_Wonne Harkless, Cit k f:\users\pbw\shared\encroach\roe CITY OF NEWPORT BEACH, a Municipal corporation By: W'`► Homer Blu au, City Manager OWNER: By: Michel D. Grubbs, O\pmer AO- )05-0487 309 signal (grubbs).doc bbs, Owner 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On JCI: v im_ c 200 �, before me, personally appeared r�� IG�1r�.�'- �, C ,�� Gay + R-' me (or proved to me on the basis of satisfactory eviden 1-L1�\-).-,\(�" personally known 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 nd official seal. Notary Public in and for said State OFFICIAL SEAL emy KATHY SAMPSON NOTARY PUBLIC - CALIFORNIACOMMISSION # 1397488 ORANGE COUNTY Commission Exp. FEBRUARY 9, 2007 (This area for official notarial seal) STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On , 200_, before me, personally appeared , 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\N2005-0487 309 Signal (Grubbs).doc 5 L T g 0 a �z �13� .61.^ c0 N N ,0£ os-z x U O . N i Q b /y z ry U a,U q .--1 Q a � Z E H WW a L&'I6 di 0210 38 83N2JOO b_ 6 LL SIB, - l: ae I W' .s I '� C W I-� z LL z I J J - 2 aaoyida`a a 9 �k J iivn r0 i � � G V J 59 ono o't a O X� W co D' Paving Stones - Typical Syster Page 1 of 2 BUCK C®. INC. Interlocking Concrete Paving Stones Typical Paver System Composition and Materials: Interlocking concrete pavers are composed of portland cement, fine and coarse aggregates. Color is often added. These materials are combined with a small amount of water to make a "zero slump" concrete. Pavers are made in factory -controlled conditions with machines that apply pressure and vibration. The result is a consistent, dense, high strength concrete that can be molded into many shapes. Physical Characteristics: Interlocking concrete pavers made Angelus Block Co., Inc. meet the requirements in ASTM C 936, Standard Specifications for Solid Interlocking Concrete Paving Units. Applications Standards: For pedestrian applications and residential driveways, 2 3/8 in. (60 mm) thick pavers are recommended. Pavements subject to vehicular traffic typically require pavers that are 3 1/8 in. (80 mm) thick. Back Print this Page A. Concrete Pavers with sand filled joints. B. Bedding sand. C. Base material to suit traffic and environmental conditions. Interlocking concrete pavements are typically constructed as flexible pavements D. Geotextile if required. on a compacted soil subgrade and compacted aggregate base. Concrete pavers are E. edge restraint/Curb. then placed on a thin layer of bedding sand (1 to 1 1/2 in. or 25 to 40 mm), compacted, with joint sand swept into the joints, and the units compacted again. When compacted, the pavers interlock, transferring vertical loads from vehicles to surrounding pavers by shear forces through the joint sand. The sand in the joints enables applied loads to be spread in a manner similar to asphalt, reducing the stresses on the base and subgrade. Benefits: As interlocking concrete pavements receive traffic, they stiffen and increase their structural capacity over time. The structural contribution of the interlocking pavers and sand layer can exceed that of an equivalent thickness of asphalt. The interlock contributes to the structural performance of the pavement system. Concrete pavers do not require time to cure. They arrive at the site ready to install, ready for traffic mmediately after paving. This can reduce construction time and restore access quickly. The joints between each paver eliminate cracking normal to conventional asphalt and concrete pavement. Unlike concrete or asphalt, concrete pavers do not rely on continuity of their material for structural integrity. Therefore, utility cuts can be reinstated without damage to the pavement surface. Repair to underground utilities and to local deformations in the base materials can be accessed by removing and later reinstating the same pavers. No pavement materials are wasted or hauled to the landfill. Jackhammers are not required to open interlocking pavements. The modular units enable changes in the layout of the pavement over its life. Excerpted from Tech Spec No. 10, Application Guide for Interlocking Concrete Pavements, published by ICPI. For more information please contact your paver specialist. For non -paver inquiries, click here. Top Home CMUBasics Products Details Technical Info Specifications Colors and Textures Power Tools Contact Us Careers ©2005 Angelus Block Co., Inc. EXHIBIT 'A' For comments or questions regarding this web site, please contact the webmaster. (Sheet 2 of 3) http://www.angelusblock.com/pvrsys.cfm 11/22/2005 14 a s 4 i �oOC� I j I Q m 4- Z0/N 39vi VN3dV Ntedn bTB8E9Z6b6 9E:aT 900Z/90/ZT CITY CLERK'S ACKNOWLEDGMENT �f State of California County of Orange On December 15 , 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 15th day of December 2005. WITNESS my hand and official seal. �i LA ONNE M. HARKLESS, CITY CLERK cAILIFF CITY OF NEWPORT BEACH, CALIFORNIA CAPACITY OF SIGNER DESCRIPTION OF ATTACHED DOCUMENT: Municipal Corporation Officer Encroachment Agreement City Manager EPN2005-0487 SIGNER IS REPRESENTING: # of Pages 7 City of Newport Beach Document Date: 12/15/2005 Signer(s) other than named: Michael D. and Peggy S. Grubbs, Aaron C. Harp