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Home My WebLink AboutC-9199-1 - Encroachment Agreement EPN N2002-0113 for 609 Saint James Road(� RECORDING REQUESTED AND (� W'IEN RECORDED RETURN TO: Public Works Department City of Newport Beach v Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, county of Orange Darlene E3100m, Interim Clerk -Recorder IIII!II!IIIIIII!IIIIIIIIIIiIIIIIIIIII11111111111111111111 �.a 200203KI42 101.33am 0 ffila2 200 25 Al2 7 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 Space above this line for Recorder's use only. CROACHMENT AGREEMENT (EPN2002-0113) THIS AGREEMENT is made and entered into this day of 2002, by and between Vernona Kay Fath (hereinafter "OWN R"), 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"); WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 20-foot storm drain easement serving lot 2, Tract 1218 (hereinafter "EASEMENT"), as shown on a map recorded in Book 37, Page 48 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 609 St. James Road, 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 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 reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: ,5D V 1 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 6-foot high chain link fence and appurtenances 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 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 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 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 Easement 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: 2 (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 EASEMENT 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 inderyinify 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. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: 0By: By: 9V-0104�'. f City Attorney City Vanager City Clerk OWNER: By: �. Vernon ay Fat E STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) i On N �� , 2002 before me, E'er personally appeared 41 ,ef'/'J�Y1 persona ly known to me (o proved to me on t e basis of satisfactory evidence) to be the pj',hi&y whose name��'Is are subscribed to tthMe/� within instrument and acknowledged to me thexecGte the same in his�heir a thorized capacity, and that by hir signature) on the instrument the person(or the entity upon behalf of which the pacted, executed the instrument. WITNESS my han fficial seal. Z Notary Public in and aid to STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On Pw s,� �-�- , 2002, before me, SHAUNA LYN O ER Commission # 1331209 z Z Notary Public - California ] Orange County 9 My Comm. Expires Dec 5, 2005 (This area for official notarial seal) personally appeared c*- t-Wo A,,,-, yA , personaay known to m ( a._me-on-ethe-basis-of of-sati-sfaeto t--ev-idenre) to be the perso s) h s nam is areubscribed to the �t\hn instrument and acknowledged to me that his the executed t same in his/her heir authorized capacity ies and that by his/her t signature s' n the instrument the perso s) r the entity upon behalf of which the person s cted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said State F:\WP51\GILBERT\AG\FATH2O02-EASEMENT.CLIFF HAVEN CATHY FISHER Commission # 1341009 z Notary Public -Califomia z Orange County My Come. Expires Feb 21, 2006 (This area for official notarial seal) 5 M M FD. 1' I.P. W/ ` *isz il- LL TAG LS4599 NO REF. RA1Na SET HUB 3' 0/S�'r cr COIr LOUcn t2,By. JAMES / ON ZZ / SURVEYED FOR: WALT FATH - j SET HUB 3' 0/8 SET BLK ' X' SET HUB 3' 0/S� FD. I' I.P. UNDER CONC. MOW STRIP / 11=19'03'56' tD=19'05'50■ L=60' R_18 180/ S4Q • � 01 \1 FD. CHISEL ' X 381q. FD. NAIL & BRASS ON DRIVEWAYNO REF, TAG Na. ILLEGIBLE NO REF. _ _ _ /L 0=48• 29.36 �D=48' 3e' L=12 08 We are aware that th"re is an easement along the back of our property and agree that if access . ever required we will make the ,-ea available and remove and/or replace the fence as necessary. Thank you for your assistance. i a, 'V t rjst C 01 OL ExHiBir `,4"zaF2