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HomeMy WebLinkAboutC-6843 - Encroachment Agreement EPN N99-296 for 5911 Seashore DriveIV Rr.CORDING REQUESTED AND WHEN RECORDED RETURN TO: .� Public Works Department City of Newport Beach '�J Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 orange, California the county of ecorder Recorded inIle, clerk/R rd Gary L Granvi1, fee IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AIM�81�8�gg IIIIII 1999g6VS48 19 33 00 0.00 0.00 @05 16000918.0@ @.00 0. o12 7 Space above this line Tor Recorder's use only. ENCROACHMENT AGREEMENT (EP99-296) THIS AGREEMENT is made and entered into this day of C(,t1_e . , 1999, by and between Lisa Tremble and Stephan Busch; 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 5911 Seashore Drive, Newport Beach, California and legally described as Lot 6, Block 59, Ocean Front Tract, as shown on a map recorded in Book 4, Page 12 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within 60th Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 5911 Seashore Drive, Newport Beach, California and legally described as Lot 6, Block 59, Ocean Front Tract, as shown on a map recorded in Book 4, Page 12 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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 RIGHT-OF-WAY; 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 concrete driveway approach/sidewalk with grouted brick ribbons, landscaping, and appurtenances in 60t" Street right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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 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 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. In addition, the OWNER shall maintain (i.e. water, fertilize, trim, etc.) the private trees in the RIGHT-OF-WAY. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If private -owned, 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 the 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 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. 3 IN WITNESS WHEREOF, the parties executed on the day and year first -above written. APPROVED AS TO FORM: By: �- City Attorney City Clerk FAUSERS\PBW\GWONG\W P51 WG\TREMBLE9BP.DOC hereto have caused this Agreement to be CITY OF NEWPORT BEACH, a Municipal corporation By: City Man ger .* W r � By: (� Us6 Tremble tephan Busch I STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On aV3 1999, before me, CAMN j *� lSkiC personally appea d i,i _ �i r f 6a k� s , personally known to me � er p ed to me on the basis of satisfactory evidenced to be the person(s) Wsignature(s) e(s) ar subscribed to the within , ' trument and acknowledged to me that has executed the same in ,f�js/wi� thel authorized capacity(ies), and that by on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS mv-haand and official seal. Notwy ublic in and for said State ° ACATHY PAER r STATE OF CALIFOR�IIA ) ss: COUNTY OF ORANGE ) On ` personally appeared \ known to me (or proved to me (This area for official notarial seal) V COMM. # 1192764 K 0vftlmCOMM. NOTARY PUBLIC-CALIFORNIA 17 ORANGE COUNTY 0 EXP. SEPT. 5, 2002 - 1999, �efore me, personally the basis of whose name(s) is/are subscribed 't the within he/she/they has executed the same in his/her his/her/their signature(s) on the instrum6n,,l the e person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State atisfactory evidence) to be the person(s) instrument and acknowledged to me that heir authorized capacity(ies), and that by rson(s) or the entity upon behalf of which the (This Area for official notarial �n - l 009 - HMO 039 ti+Ot q im F. okas= G{ 'y J xJ tJ � K*G 038 I Z +O l — l l6S - O cn �I I o� , Q N Tlok N + MIX W p f N i 0 nn W U 2 Y CL p W 0 cD 4 ME CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t^ss. County of %Ij J kl�_ I On O _` � - 1 i , before me, Date personally appeared -1�v uv\_o_ ,r L . CATHY FISHER Commission # 1174329 Notary Public - Coiifomia z Orange County My Comm. PgAres F-eb 21, 2002 A �� )b Name and Atte o Officer (e.g., "Jane Doe, Notary F ivamets) or aignerts) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso (s whose naml0 i are subscribed to the within instr n' and acknowledged to me that he/she he executed the sa in his/he their authori6- apa ccit and that y his/her/t signatur (s) n the instrument the person st(os)) the entity upon behalf of which the perso acted, executed the instrument. 7_SS my hand and offf ial seal. ��T�r Phce Notary Seal Above Sig lure o NotaryPublic 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 Title or Type of Document: _ ocument Document Date: �� l - -\ C) q - a 9 Number of Pages: e ` Signer(s) Other Than Named Above: 5 f t � Jk 'ti& L " Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 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 Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 c4-