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Home My WebLink AboutC-9109-1 - Encroachment Agreement EPN N2001-332 for 439 Irvine AvenueRECORDING REQUL-STED AND V WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recartied in Official Records, Cor,rity of Orange Gary Granville, C;lerk•Recorder 1! I 'lii 1I iI11!1! i I1PIIi if �1111 !1T 16.00 20010721781 0f22J1pm 10/12101 110 51 Al2 6 000 000 0.00 0.00 10.00 0.00 0.00 0.0o Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2001-332) THIS AGREEMENT is made and entered into this C7� day of 2001, by and between Leslie Bubb (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 439 Irvine Avenue, Newport Beach, California and legally described as Lot 15, Block 29, 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; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Irvine Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 15, Block 29, 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 439 Irvine Avenue, Newport Beach, 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 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; 1 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 36- inch high wooden picket fence, grouted brick carriage walkway, landscaping, and appurtenances in the Irvine Avenue right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. All landscaping within the public right-of-way shall be maintained a maximum height of 36-inches above the top of curb. 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, all landscaping within the public right-of-way shall be maintained a maximum height of 36-inches above the top of curb. However, nothing herein shall be construed to require O1 -R to maintain, replace or repair : 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 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. 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 c its Agreement, the prevailing par hall 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 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: �U �YVn //) City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: 1�; By: Z - x0a, City Manger Y Leslie ubb STATE OF CALIFORNI ) ss: COUNTY OF ORANGE O . � � , 2001, jbf��Tme,,personally appeared Gc personally known to me (or proved to me on the basis of satisfactory evidence) to be the persohose name are subscribed to the within instrument and acknowledged to me JWq�C�hfthey his e�Cecuted the same in hisser-/ heir authorized capacity(i , and that by ir signature on the instrument the �on or the entity upon behalf of which the erson acted, executed the instrument. WITN myha and official- a I. Notary Public in an for said 6iate STATE OF CALIFORNIA LYN QYIER Carl M75Si0% = 1164149 •� Notary Public Z _ - Cai-fornia Orange County MYCOmm. Expires Dec 5, 2001 (This area for official notarial seal) ) ss: COUNTY OF ORANGE C� � 2001, before me, personally appeared ��:�t�►� Q�� OAU\Q person known to me improved -to -me- on- the -basis of satisfactory evidence) to be the person�ho names�arr"ubscribed to the ..'thin instrument and ackn wledged to me that he/s hh exec ted the same in his/her/eiauthorized capacity(ie and that by his/her/ ignatur �n the instrument the per s r the entity upon behalf of which the Y p persons(s) cted, executed the instrument. WITNESS my hand and official seal. Notary Public in an for said State F:\WP51\GILBERTl4G\BUBBEPN2001-332NH r4AZO-,a" - 'a V CATHY FISHER Commission # 1174329 NotQY Public - Califorttio OrangeCounty MyComm. BpVw Feb21, 21D2 (This area for official notarial seal) CITY PUBLIC OF NEWPORT 13EACH EXHII WORKS DEPARTMENT 11 SKETCH FOR ENCROACHMENT PERMIT NO, EP- 14 ZdqO I —3 3 Z. LEGEND + = TREE ♦ = POWER POLE A = SEWER CLEANOUT = WATER METER BOX ri p e\< FENCE ,-r �A ti 5 Job Address-� s It� Owner a6H r�J L>=.S t_ 19 lbv 6b Telephone No, 4I - &4&/ - t (l •Z 71 i i 4`—�1 CaCLO,�z�J 6C�-�cK j C\-cyCjV� cu.� Existing Curb and Gutter amnc Cik A-vb6n-si-+o • a � LS Ivy I t/�- 1J1C i t�l� Center line of street EXHIBIT "A" z6 p can s gna ure a e Please make a sketch of the Immediate vicinity showing all property lines, dimensions street naves, location of trees, light standards, fire hydrants, parking. meters or other existing Improvements which might be affected by the proposed encroachments, (SEE REVERSE SIDE) Works shall be done according to City Specifications and Is subject to City inspection.