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Home My WebLink AboutC-8962-2 - Encroachment Agreement EPN N99-395 for 815 Via Lido SoudRLCORDING REQUESTED t, J (Y� WHEN RECORDED RETURN TO: Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder LT Public Works Department III IIIIIII I I I IIII I II I III III III II 24 , 00 City of Newport Beach 19990861189 3 ; 06pm 12/20/99 Post Office Box 1768 008 24018878 24 73 V 3300 Newport Boulevard 012 7 6.00 18.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92659-1768 Space above this line for Recorder's use only, bs�� ENCROACHMENT AGREEMENT (EP99-395) THIS AGREEMENT is made and entered into this */1 day of 1) c_Y'in ey' , 1999, by and between Dave Lar n b (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 815 Via Lido Soud, Newport Beach, California and legally described as Lot 303, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; TNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4-foot public utility easement on Via Lido Soud serving Lot 303, Tract No. 907 (also known as 815 Via Lido Soud, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and 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 parties hereto desire to execute an agreement providing for fulfillment 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 NOW, THEREFORE, it onsideration of the mutual promise :he parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as two (2) decorative non-structural columns and appurter—Dances 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 con_ ,truction. Hence, any changes must be approved by the City Engineer and shall be on sho%....wvn on the "As Built" plans. 2. CITY will permit OWNER to construct, r—econstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEME NTS 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 activiti = es. 3. Rights granted under this Agreement nn ay be terminates by CITY at any time by giving 60 days' written notice, with prior City Cour--icil approval, s:,.!cifying in said notice the date of termination. CITY shall incur no liability wh atsoever in the -;vent of the termination of this Agreement, or subsequent removal of improver —gents by CITY as a result of exercising it's easement rights to maintain, repair, or replace it's sewer line. 4. OWNER and CITY further agree as follow a. OWNER may, at owner's comet and expenses, construct and install PERMITTED IMPROVEMENTS and appurtena, ices incidental thereto, in substantial conformance with plans and specifications theremmnnonfor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. OWNER shall maintain the PERPm"-IIIITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, a nd 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 u 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 IMPROVE IIw=�AENTS, OWNER shall be responsible for the cost of all repairs. �a d. That should CITY be required to enter onto sak, _asement to exercise its primary rights associated with said Easement, 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 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 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, 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 provis on 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 ti- I,J 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 agreement 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, con 1ruction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 9 7. OWNER agree;, t; this Agreement shall remain in .11 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 City Clerk CITY OF NEWPORT BEACH, a Municipal corporation VNER: By: _ City Man er By: t C� B amb 4 STATE OF CALIFORNIA ) ) SS: COUNTY OF ORANGE ) On Q , 1999, before me, 1(0,k 0. LkUrC.641 personally appeared I Q M personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) whose name is/ar-s subscribed to the within instrument and acknowledged to me that hisgheff liey execuf(- :j the same in-hts/her/theif authorized capacity, and that by-his/her/their signature,( on th :, instrument the persopk�) or the entity upon behalf ci which the persons) acted, executed the, instrument. WITNESS my hand and official seal. SARAH C. CHURCHWELL COMM. #1188582 W NOTARY PUBLIC - CALIFORNIA 0 ORANGE COUNTY iA °� yU, 6 My Comm. Expires June 29, 2002 Notary Public in and for s.nid State (This area for official notarial seal) STATE OF CALIFORNIA ) ) SS: COUNTY OF ORANGE � On DUWr3- °1 , 1999, before me, WIVOi � - 100 personally appeared PI0M0-I,• NARA-A ITV , personally known to me ( n to be the person hose name&is/ fie subscribed to the within instrument and acknowledged to me that his/herNpexecuted the same in his/her/ elr authorized capacit les nd that by his/he hei signature s, n the instrument the perso s) or the entity upon behalf c' which the person s` cted, executed the instrument. WITNESS my hand and official seal "mi�u �' cu�'� Notary Public in and for said State F:\WP51 \GI LBERT AG\LAMBEP99-395LI.DOC IL LEILANI V. INES Commission # 1170960 L .F No ary Public Co1'fornia �� Orange County MY C;-n,m.:xpires Jan 25, 20C2 (This area for official notarial seal) 5 m—fTY OF NEWPORT BEACH EXHIBIT A� PUBLIC WORKS DEPARTMENT 1 OF 2 SKETCH FOR ENCROACHMENT PERMIT NO, EP- 9 9 -- 3 9 LEGEND e TREE m POWER POLE e SEWER CLEANOUT WATER METER BOX Job Address 8 16 \11 A L 10 0 Sou 0 Owner OAV I P L A f 1fe� Telephone No, `949 ,'415 - 4 4 o(o PROP05ED COLUMN INTO SETBA:K ' - 0' SETBACK l r (TYP. OF 2) Pei16-f. w,p'fvpLI N a - O PROPOSED N � 14�� OVERHANG 0 = EX15TING o GARAGE PROPERTY I ' LINE �"' - 14" 22'-&" III "- "OVERHANG LEGAL DESCRIPTION: LOT 303, TRACT 'bOl NEUIPORT BEACH, CA. ScALI= , I/S" = i'—a" - - r--- o4 ocr 119 Applicant's gna ure a e Please street other rake a naves, existing sketch of the Immediate location of trees, light Improvements which night vicinity showing all property lines, dimensions standards, fire hydrants, parking Meters or be affected by the proposed encroachments, (SEE Works REVERSE SIDE) shall be done according to City / p Z Specifications and Is subject to City Inspection, ITY OF NEWPORT BEACH EXHIBIT ,A'r PUBLIC WORKS DEPARTMENT 2 OF 2 SKETCH FOR ENCROACHMENT PERMIT NO, EP- 9 9 - S 9 S LEGEND, - TREE = POWER POLE = SEWER CLEANOUT O = WATER METER BOX W- Job Address $ 15 VIES W loo 50vp Owner PAV10 Ll.t-!pj Telephone No, C94 q, G -1 S - 4 4 aG (:lZoWT' 5I EVA't'IoW Dly-T 'I'" Fl&-f- �Ib� �L V,41'IUhI 04 0C.T I -I 6atA L. E ; (/,� = t (� " p �( �ppti-can s Signature a e Please make a sketch of the Immediate vicinity showing all property (Ines, dimensions street names, location of trees, light standards, fire hydrants, parking meters or other existing Improvements which might be affected by the proposed encroachments. (SEE REVERSE SIDE) Z OF Z Works shall be done according to City Specifications and Is subject to City Inspection, f