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HomeMy WebLinkAboutC-6285(A) - Encroachment Agreement EPN N97-343 for 1504 East Balboa Boulevard, 1508 East Balboa Blvd, and 1509 East Bay Avenue�1 F.ECORDING REQUESTED,.. 4D QQ W'-IEN RECORDED RETURN TO Ja Public Works Department City of Newport Beach v Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 11111111111111111111111 2 7.0 0 005 25007187 259980004492 4;04pm 01/05/98 59 Al2 8 6.00 21.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP97-343) THIS AGREEMENT is made and entered into this /144 day of 1997, by and between Charles P. Cotton; 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 1504 East Balboa Boulevard, 1508 East Balboa Boulevard, and 1509 East Bay Avenue, Newport Beach, California and legally described as Lot 13 and Lot 14 of Block 24, Lot 15 of Block 24, and Lot 4 of Block 24, respectively, East Side Addition to the Balboa Tract, as shown on a map recorded in Book 4, Page 20 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 Alley No.212-13 right-of- way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1504 East Balboa Boulevard, 1508 East Balboa Boulevard, and 1509 East Bay Avenue, 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 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 1. It is mutually agreed that PERMITTED IMPROVEM,NTS shall be defined as private electrical lines and appurtenances in Alley No.212-13 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 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 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: 2 (i) uWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (ii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) 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. IN WITNESS WHEREOF, the parties executed on the day and year first -above written. hereto have caused this Agreement to be 3 CITY OF NEWPOl-BEACH, a Municipal corporation APPROVED AS TO FORM: By: By: City Attorney ATTEST: City Clerk OWNER: �IIllo/ .f By: Charles 0. Cotton CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C.,o ;a County of On Uc P� 14 191 before me, (,� U hti �0 . Date Name and Title of Officer (e.g., " ane Doe, Notary ublic") personally appeared �,o Q C, Name(s) of Signer(s) ❑ personally known to me .'proved to me on the basis of satisfactory evidence to be the persona) whose names) is/a;e-subscribed to the within instrument and acknowledged to me that he/sh@Ahe executed the same in his/ha4tI;&k authorized capacity(4w4, OFFICIAL SEAL and that by his/kogth44r signature( on the instrument the VIRGINIA A. VARIN N person( , or the entity upon behalf of which the persons O NWARYPUBLIC -CALIFORNIA acted, executed the instrument. COMMISSION # 1143264 C N ORANGE COUNTY My Commission Exp. July 20,2001 WITNESS my hand and official seal. V _ � 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: P o ft. Co. m Document Date: Number of Pages: is Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER � i aao rvauunai rvorary Associauon • bZ3b nemmet Ave., P.U. BOX 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of l�(.�f%qss.`ei J On CJ�°/o7J? /%before m "andTitle Date r (e.g.,'J n oe, Nota P l/��frypersonally appeared L! GQ (/�'l�7e rme(s) of Signer(s) C�ersonally known to me ,[I proved to me on the basis of satisfactory evidence to be the perso�whose nan� � are subscribed to the within instrument and — — — acknowledged to me that he/she/ executed SHAUNA LYN OYLER the sg(ies�,, in his/her eir authorized Commis M #t 116414P capacit and that y his/he eiZ NotaryRac'Coufomio signatun the instrument the persos$, or OrnngeCounty the entity upon behalf of which the persor s� UmiMyCorrxn.E�cpiesDac5,2b1 acted, executed the instrument. WIT SS my hand d official se Place Notary Seal Above Signature Not 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 Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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-B00-876-6827 WAV b ------------- - - - - -- U U a- - - - - - - - - - - - - - - - - - - - - - - - 1513 E. BAY +I 1510 BALBOA ------------------------ 1509 E. BAY +I 1508 BALBOA 00 N -------------------- 1505 E. BAY 1504 BALBOA 2.5' + +I N 1501 E. BAY 1500 BALBOA ------------------- ------------------------ "G" STREET EXHIBIT "A" EXHIBIT "A" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT NO. EP- %7L-f� LEGEND: (Sketch to be drawn in triplicate) + = TREE Job Address /S'os�//saw t• /�.a�c'�� $ = POWER POLE Owner �7�oi✓ 0 = SEWER CLEANOUT Telephone No. Q = WATER METER BOX w � A W 0 ------------------- J U O 1513 E. BAY +I ------------------------- 1510 BALBOA -----------------�- N h�l 1509 E. BAY +I 1508 BALBOA 00 N -------------------- 1505 E. BAY -------------------- 2.5' + +I 1504 BALBOA N 1501 E. BAY --------------------- 1500 BALBOA ------------------- "G" STREET Hpplicant's Signature Date Please make a sketch of the immediate vicinity showing all property lines, dimensions street names, location of trees, light standards, fire hydrants, parking meters or other existing improvements which might be affected by the proposed encroachments. Works shall be done according to City Specifications and is subject to City inspection.