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Home My WebLink AboutC-9155-1 - Encroachment Agreement EPN N2002-0167 for 714 St. James RoadII LA 0 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder IIIIII'I!!III IIIIIIiIIIIII!!II'!!lilLlll!IIIIIIIIIiII1111116,00 20020406743 03:02pm 06113102 110 25 Al2 6 0.00 0.00 0.00 0.t10 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. S0 V,�� ENCROACHMENT AGREEMENT 11 (EPN2002-0167) THIS AGREEMENT is made and entered into this day of 2002, by and between Dave Ball (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 714 St. James Road, Newport Beach, California 92663 and legally described as Lot 39, Tract 1218, as shown on a map recorded in Book 37, Pages 47-49, 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 St. James Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 39, Tract 1218, as shown on a map recorded in Book 37, Pages 47-49, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 714 St. James Road, Newport Beach, California 92663; 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 1 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. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as, stone pavers overlaid on concrete sub -base and appurtenances in the St. James Road right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approved by the Public Works Department and shall be 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. 2. 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 therefore 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 2 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 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. (ii) OWNER shall be responsible for arranging for any renewal, replacement, 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, replacement, 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. 3 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. APPROVED AS TO FORM: By: By: City Attorney City Clerk CITY OF NEWPORT BEACH, a Municipal corporation Ci Manager OW By: Dave Ball 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) M On M l � , 2002, before me, /l� �'`� ✓hel personally appeared �t�/ personally known to me ( to be the person{ whose name(f4 is/af-e subscribed to the within instrument and acknowledged to me that he/s� has executed the same in his/he4veir authorized capacity(L-e), and that by his/f wAheif- signature{- on the instrument the person{) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand -and official seal. Notary Pu Ic in and for said State Ca On °i , 2002, before me, SANDRA RIB D Commission # 1232092 Z Notary Public - California O��;Y, My Com (This area for official notarial seal) V�I_an d'"L'e— personally appeared N .M `ul�Sk- (� 0 X�-k_ r` k r) 1� personally known to me me--on-th"asis-of-sati.sfactor-y-evidence-)- to be the perso(Ps hose nam (s) s( subscribed to the within instrument and acknowledged to me that he/she the has executed the same in his/herCthe-ii)rauthorized capacity(ITS-))and that by his/he the signatur s), n the instrument the perso (s )or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public i d or said State CA;TFISHER Commission # 1341009 z IL:;:� Notary Public - Califomia> Orange County Conyn, Expires Feb 2112006 (This area for official notarial seal) F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2002\2002-0167 714 St James Rd.doc 5 CITY ❑F NEWP❑RT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT NO, 00 Z 0 k'v -7 LEGEND, = TREE Job Address 1 = POWER POLE Owner Q = SEWER CLEANOUT Telephone No. Q = WATER METER BOX it II li II II II ii II a�,t= P C-C- Existing Curb and Gutter l �1 s-To�'J iv C�u �-s sit fi� 8� sz� A Center line of street ------ _ _ _ _ _ _ _ _ _ _ — _ — _ _ veM >� ot-V MA4tC-4 pp can s Signature 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 Might be affected by the proposed encroachments. (SEE REVERSE SIDE) Works shall be done according to City Specifications and Is subject to City inspection,