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HomeMy WebLinkAboutC-9064-1 - Encroachment Agreement EPN (for Tract No. 14989 - Baypoint Development)RECORDING REQUESTED Afvu Recorded in the county of orange, caiifornia WHEN RECORDED RETURN TO: D IIIIIIIIIIIIIIGary L Granville, Clerk/Recorder 1'� �' - ' ����������������������������������������������� No Fee Public Works Department 19990201602 1; 51pm 03/19/99 City of Newport Beach 005 7020845 07 9 Post Office Box 1768 ��,�� - "' :39 A 12 6 6.00 15.00 0, 00 0. 00 0. 00 0. 00 28 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this line for Recorder's use only ENCROACHMENT AGREEMENT (TRACT NO. 14989) EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 THIS AGREEMENT is made and entered into this 90'\ day of it , 1999, by 6,15 and between IRVINE APARTMENT COMMUNITIES (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 the existing non-standard improvements located within the Baypoint Development constructed with Tract No. 14989, Newport Beach, Recorded in Book 729, Pages 21 through 24 inclusively Miscellaneous Maps in the office of the County Recorder of Orange County, California; r. W ITNESSETH: WHEREAS, OWNER desires to allow and maintain existing non-standard improvements and construct/maintain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within easements (hereinafter "EASEMENTS") that are located within Tract No. 14989 in Newport Beach, 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 EASEMENTS; 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 guard gates and appurtenances in EASEMENTS as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. I 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within EASEMENTS, 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. 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 EASEMENTS to exercise its primary rights associated with said EASEMENTS, 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; 2 (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 EASEMENTS 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, 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 S TO FORM: By. City Attorney ATTEST: City Clerk Ag\tr 14989-agt CITY OF NEWPORT BEACH, a Municip I corporation UCH r By: - Mayor OWNER: PARTMENT COMMUNITIES By. RICHARD E.-'fAMPFXHT SENIOR VICE PRESIDENT Q State of California ) ss. County of Sacramento ) On ' i'.i,i.;_�� .� i�? -M8. before me, (name, title of officer, e.g., "Jane Doe, Notary Public') personally appeared I_CU l t o r-eci t (named) of signer(59) � personally known to me, eR El-- proved ter me on-the-basis-of-satisfactory -eviden ce-to-be--the-person(s)- whose -name(s) is/are-subscribed-to-the-within-instrurent-and-aeknow"ledged-te-rne-that he�sh.e4he-y-executed-the .-same-in-hi-s/he-r/their-authorized-eapac-ity/ies_, and that by his/her/their signature*on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. '' „r,.., Chaundra J, Gomar V Comm. #i 1�3988 ^ Qc •� : o NOTARY PUBLIC CAUFOR-4) (signature of notary) 2 r ORANGE COUNTY 0 + , a Comm. Exp. Apnt 15 .'.:77 592350.1\-12846.0003 AEONS STPEETER 7144740251 P.02i02 EXHIBIT 'A' ( Baypoint Apartments ) Tract 14989 i r I r j Scale. 1 "=30' f � I 4 i Entry Gate and Fencing Tract 14989 Boundary \ 01 /28/99 \ Adams Streeter CIVIL ENGINICERS INC. 16 4;) 4,4� Perk. tr y. CA o96M Pb (610) 474-t= /Y.<: (940) 474-0901 j V �nW A8tA8f017t.Mbvv�.wm Q4QqFi /FXf11h1tc /nn(P TOTAL P.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � r before me, Date 11 `` Name n itlle of Officer (e.g., 'Jane e, Notary Public")' ' personally appeared %W,�v`� \Lfj �►-+�� y`/. �t(�2A� Name(s) of Signer(s) Ypersonally known to me proved to me on the basis of satisfactory evidence CATHY=;srl�R to be the perso�(s1 whose name s) is are l Commission rF i 17a329 Z subscribed to thc' within ins ent and Notary Fugue^Colift-rity is Orange :.aunty ; acknowledged to me that he/ e they xecuted the same in his/he their autho ' capacity ies ), and that y his/he they signatur (s) n the instrument the perso (sy r the entity upon behalf of which the perso acted, executed the instrument. NESS my hand and official seal. Place Notary Seal Above Sign ure or 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. - Individual n Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact _' Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER © 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