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Home My WebLink AboutC-9169-2 - Encroachment Agreement EPN N2001-248 for 1612 Balboa Blvd Eastt11 om' RECORDING REQUESTE AND WHEN RECORDED RETURN TO: 9 Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded if) Official Records, County of Orange Gary Granville, Clerk -Recorder 11111114 I'��I!i1�' ��oI SEE 20010856949 03:09pm 08113101 109 73 Al2 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2001-248) THIS AGREEMENT is made and entered into this 20tk day of , 2001, by and between Henry T. Segerstrom (hereinafter "OWNER"), and the City & 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 1612 Balboa Blvd. East, Newport Beach, California and legally described as Lot 18, Block 25, of the Balboa Tract, East Side Addition 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 Balboa Blvd. East, right- of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1612 Balboa Blvd. East, Newport Beach, California and legally described as Lot 18, Block 25, of the Balboa Tract, Eastside Addition 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; 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 IMPROVEMENTS shall be defined as a brick paved sidewalk and appurtenances in 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 as 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 in the RIGHT-OF-WAY shall be maintained at a maximum height of three feet. 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 2 public facilities or improvements, CITY may remove po, eons 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. 3 APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: C Manager Celni L1T3:7 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) personally apebared t P (, t. I a , personally known to me ( ) to be the person( whose name(e} is/ape- subscribed to the within instrument and acknowledged to me that he/sheffhey has executed the same in his/he/ =-authorized capacity(ie_j, and that by his/4e44heair signature(-s) on the instrument the personH or the entity upon behalf of which the person acted, executed the instrument. WITNESS mV hand and official seal. NotOry Public in and for said S (This area for official notarial seal) KAREN G. WI-107 Commission # 1 ]82593 z Z ,rpm Notary Public - California > Orange County 9 My Comm. Expires May 4, 2002 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On ' J U 10 2001, before , me, f1 Wyl, ( '! IDS personally appeared jkrn,(/V L- Pyi&to L60JoyirlC AA. personall known to me or pr , ed to me on the basis of satisfactory evidence) to be the person whose n m (s i ar subscribed to the within i trument and acknowled ed to me that he/she the as executed the same in his/her6eir uthorized capacit les and that by his/her 1 ignature0on the instrument the person s r the entity upon ehalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �- LA LEILANI V. INES i Commission # 1170960 Z z �7 Nc-a!y Public - CalifOmia ' r Orange County My cc im. Expres Jan 25, 2002 Notary Public in and for said State (This area for official notarial seal) F:\Users\PB W\PArciniega\EP's\EP-2001 \agmt-EP01-248SegerstromA-BP.doc 5 CITY OL NEWPORT BEACH EXHIBIT PUBLIC WORKS DEPARTMENT! SKETCH FOR ENCROACHMENT PERMIT NO, EP- N Z00t - 2.Ak9 LLULNIP = TREE ♦ = POWER POLE 0 = SEWER CLEANOUT Q = WATER METER BOX Job Address 1(ol2 E,AA K �Ib, Owner Telephone No, .LEY a ,� U � JO_oGq J 60.00' l � I I SEE ENL1116Et SITE ILAN FOR THI AMA -- I 12 I F=r lboa . 'd. f i I C?Y57- 6 CURB F UTT I Please rake 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 night be affected by the proposed encroachments. (SEE REVERSE SIDE) Works shall be done according to City Specifications and Is subject to City inspection, L.o4 B4CX ` I