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Home My WebLink AboutC-9059-1 - Encroachment Agreement EPN N97-460 for 435 Redlands Avenue1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO I Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the county of orange, cai.ifornia Gary L. Granville, �I Clerk/Recorder21 I I I �I �I I I II II III II 00 49980020392 12:07pm 01/14/98 005 14013718 ,23 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. 2 2 ENCROACHMEN'I'AGREEMENT (EP97-460) THIS CEEMENT is made and entered into this It lam. day of 199and between Anthony Ellsworth (hereinafter "OWNER") and 4 City of A, ewport 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 435 Redlands Avenue, Newport Beach, California and legally described as Lot 16, Block 14, First Addition to Newport Heights Tract, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNE-6SE fH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Broad Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 16, Block 14, First Addition to Newport Heights Tract, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 435 Redlands Avenue, Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to contruct, oparate, rnaintaili, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and 0S� r�5 WHEREAS; the partic. nereto desire to execute an agree, nt 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 3- foot high grouted brick wall with 16" square pilaster, and appurtenances in the Broad Street 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 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 bu days' notice, specifying in said nonce 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 II'd-,PROVEMENT 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 p.,,eline, conduit or cable located in 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 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 of litigation commenced with respect to any term of condition of this ..greement, the prevailing party sh,.. 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 agree 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: -- City Attorney ATTEST: By: (OCR .T City Clerk CITY OF NEWPORT BEACH. a Municipal corporation OWNER: By: c° City M nab r IS STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On -:�. 42- , 1 Q95, before meQ21a /%Gt 4,111 6VIell-- personally appeared 11 1gWdersonally known to me (or roved to me on the basis of satisfactor e I Brice op e perso (s) whose name js is re subscribed to the within instrument and acknowledged to me that he/sh he is executed the same in his/het e authorized capacit 4� and that by his/her/their signatures on the instrument the persor r9 or the entity upon b-ehalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in an for sai State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) SHAUNA LYN OYL_^ 1� Commission # 1164149 No"ary Public California Orange County �h Corn. Expires Dec 5, 2001 (This area for official notarial seal) r--, On j— Io 1997, before me, IMI't L. • fn4.46(av personally appeared AvAwz 9'/1s0owf/j- , 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 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 persons(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said State F:\WP51\GILBERT\AG\ELLSWNB7 DANIEL A. TRAXI.ER Commission # 1157639 -ti Notary Public - Colifomiq z Orange County My Comm. Expires Oct 31, 2001 ` (This area for official notarial seal) CITY OF NEWP❑RT BEAU-' 'UBLIC WORKS DEPARTME, . F LXHIBIT `A' SKETCH FOR ENCROACHMENT PERMIT NO, EP- 9 7 -- 4-6 o LEGEND: = TREE ♦ = POWER POLE A = SEWER CLEANOUT ❑ = WATER METER BOX Job Address � :' �,' ,1`r� mr- Owner A T1,ot'\f' Telephone No. -7; 4 - (mod-�- - !I I I 16 �'' =� _ Existing Curb and Gutter =J Center line of street -� — _ — — _ — — — — — — 5 signaxurA atk Please rake a sketch of the immediate vicinity showing all property tines, dimensions street naves, location of trees, light standards, fire hydrants, parking meters or other existing improvements which night be affected by the proposed encroachments, (SEE REVERSE SIDE) Works shall be done according to City Specifications and is subject to City Inspection, E x Hla l