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HomeMy WebLinkAboutC-9076-1 - Encroachment Agreement EPN N99-203 for 501 Rockford Place9 RECORDING REQUESTED AND r. WHEN RECORDED RETURN TO: � Recorded in the county of orange, California /Re�coraer Public Works Department GraIIIIIIIIIIII 1IIIlllll City of Newport Beach 24 .00 III I IIIII IIIII IIII 111 lllllllllllll v Post Office Box 1768 7P 1; 41 m 06/29/99 1999@4823� p 3300 Newport Boulevard 005 17015338 17 77 Newport Beach, CA 92659-1768 W2 7 6.00 IS 013 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP99-203) _ THIS AGREEMENT is made and entered into this % 77� day of .,1 t.y*-, , 1999, by and between Carl E. Tobin (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 501 Rockford Place, Newport Beach, California and legally described as t.ot 131, Tract 3519, as recorded in Book 128, Page 18 inclusively of AM 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 22-foot drainage easement serving Lot 131, Tract 3519 (also known as 501 Rockford Place, Newport Beach, California) hereinafter "EASEMENT", as legally described in Olflcial Record No. 2716/50 (Book 2716, Page 50) in tie office of the County Recorder of Orange County, California; ano 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 pr...!ties hereto desire to execute an agreement providing for fulfillmC-nt 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 a_ red that PERMITTED IMPROVEN. TFS shall be defined as a grouted rock rip -rap and appurtenances as shown on EXHIBIT "F," attached hereto and as approved by the City En;,jineer. 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 �,s 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. 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 improveme its are damaged by ti ,e 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, removal, repair, renewal, veplacement or enlargement of existing or future public facilities or 011 improvements, CITY may re -)ve portions of the PERMITTED IN, .MOVEMENTS, 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 �,tork 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 a(IlBement 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 tha 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. K] IN WITNESS WN�'REOF, the parties executed on the day and year first -above written. APPROVED AS TO FORM: By: City Attorney AT By City Clerk hereto have caU,-.-, ;d this Agreement to oe CITY OF NEWPORT BEACH, a Municipal corporation OWNER: VrX,6zj_ zo�� City Mana er By: Carl E. Tobin M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of O?J/?e- ��% before me, ate n Name and Title of Officer e.g., "Jane Do , Notary Public") personally appeared Ca SHAUNA LYN OYLER Commission # 1164149 Z ZVMVCornm. Notary Public - California > Orange County Expires Dec 5, 2001 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory vidence to be the perso whose name�6/are subscribed to t e within instrument and acknowledged to met t (2/she/they executed the same in her/their authorized capacity(ic4), and that by �/her/their signature on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE y han official s Signature ojWoWy Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ElIndividual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 JU a.1 ,ca.,. ,14. v 0. ,sa4i 4 tia u a� State of • dCounty of i On ` ��e/ � ` before me, Date 1 personally appeared)V'i)�r V� l.I:ILANI V. INES Commission # 1170960 z * No'ary Public Califonlia Z Orange County My Cxnm. Expires Jan 25, 2002 and Title of Officer (e.g., "Jane Doe, Notary Public") of Signer(s) personally known to me ❑ 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 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(s) acted, executed the instrument. WITNESS my hand an official seal^ N, ' C Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 9 Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827