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HomeMy WebLinkAboutN2017-0197City of Newport Beach IIIIIIIIIII[ IIIIIIII1IIIIIII'1 II Permit No: NZO %-09% 100 Civic Center Drive, Newport Beach, CA 92660 III7 0 III Permit Counter Phone (949)644-3311 Project No si Online Inspection Request- www.newportbeachca.gov/Online 'rramtcl' Services - Inspection Requests Phone (949)644.3255 Job Address : 6 TWIN LAKES CIR NB Thomas:Guide: 919H1 Description : Install decorative carriage walk in parkway and curb drain per City Standard #184-L. Parcel # : 4584-720-7 - Legal Desc : N TR 7510 LOT 11 Owner: Phone: BURGNER DANIEL J 0 R Contractor: BADRAUN BUILDERS INC Phone: 949-838-7883 [' Address: 6 TWIN LAKES CIR Address : 23052-H ALICIA PKWY#216 CORONA DEL MAR, CA MISSION VIEJO, CA 92692 Contractor State Lic: 920497 Applicant: BADRAUN BULDERS License Expire : 08 31, 2018 Phone: 949-422-9741 [ Address : 2 MCLAREN IRVINE, CA 92618 Business License: BT30058813 Business Expire: 02 28, 2018 Special Cond.: EA REQUIRED Workers' Compensation Insurance -- Carrier: WESCOINSURANCE Policy No: WWC3245566 W. C. Expire: 12 03, 2017 Permit Processing Fee: $0.00 Sewer Connection : $0.00 Total Fee $982.00 Agreement Fee: $817.00 4TT Box Cover: $0.00 Paid : $982.00 Traffic control Plan Check : $0.00 Total Water Meters : $0.00 Balance : $0.00 Inspection Fee : $165.00 Water Meter Connection : $0.00 Receipt No: Refundable Deposit: $0.00 Total Water Meter Box: $0.00 Street Tree Fee : $0.00 Adjustment : $0.00 Processed By: Date : _/_/_ Other Department : Date Utilities Approval : Date : _/_/ Permit Denied Date Traffic Approval: Date : _/ / Issued Permit : Date General Services Approval : Date wt� City of Newport Beach *N2017-0197* 100 Civic Center Drive, Newport Beach, CA 92660 Permit Counter Phone (949)644-3311 .- Online Inspection Request- www.newportbeachca.gov/Online Services a�iyeuu Job Address: 6 TWIN LAKES CIR NB Description: Install decorative carriage walk in parkway and curb drain per City Standard #184-L. Parcel # : 4584-720-7 - Legal Desc : N TR 7510 LOT 11 Owner: BURGNER DANIEL J Phone: Address: 0 6 TWIN LAKES CIR n alo CORONA DEL MAR, CA Applicant: BADRAUN BULDERS Phone: 949-422-9741 [ i Address: 2 MCLAREN IRVINE, CA 92618 Special Cond.: EA REQUIRED Permit Processing Fee: $0.00 Sewer Connection : $0.00 Agreement Fee: $817.00 4TT Box Cover: $0.00 Traffic control Plan Check : $0.00 Total Water Meters : $0.00 Inspection Fee : $165.00 Water Meter Connection : $0.00 Refundable Deposit: $0.00 Total Water Meter Box: $0.00 Street Tree Fee : $0.00 Adjustment : $0.00 Processed By: Utilities Approval Traffic Approval : General Services Approval: Permit No: N2017-0197 Project No : SCANNED Inspection Requests Pt C C/ Thomas:Guide: 919H1 Contractor: BADRAUN BUILDERS INC Phone: 949-838-7883 Address: 23052-H ALICIA PKWY #216 MISSION VIEJO, CA 92692 Contractor State Lic: 920497 License Expire : 08 31, 2018 Business License : BT30058813 Business Expire : 02 28,, 2018 Workers' Compensation Insurance - - Carrier: WESCOINSURANCE Policy No: WWC3245566 W. C. Expire: 12 03, 2017 Total Fee $982.00 Paid: $982.00 Balance: $0.00 Receipt No; Date : /—/— Other Department: Date Date : / / Permit Denied Date Date : _/—/— Issued Permit: Date Date : —/_/— ALL UNDERGROUND' WURK SHALL; B'PE�RFORMEp'"BY A'LIGENSrD.C'ONTRACT.OR C2xateat "Undergrountl Seruice#lert"- AC Least Q8 Nou�s;m Ac�'v�nee 4{Aroy equation at.80Q-422-q933 TERMS AND CONDITIONS OF ENCROACHMENT PERMIT 1. Encroachment Permits may be taken out by the owner of benefited property or a licensed contractor. A licensed contractor must provide a "Letter of Authorization" to allow another party to pull a permit. An approved copy of the permit and construction plan shall be kept at the job site at all times, Work, which has been done prior to issuance of a permit, is subject to rejection/fine. City reserves the right to void permit if work does not commence within 30 days after date of issuance. 2. The Permittee agrees to defend, indemnify and hold the City, its authorized agent, officers, representatives and employees harmless from any responsibility, liability, suit or action of any description arising out of any accident, loss or damage to persons or property occurring as a result of work undertaken under this permit. 3. All work shall be done in accordance with the approved plans, Standard Special Provisions and Standard Drawings of the City of Newport Beach, and in compliance with all applicable State laws and City ordinances. 4. Permittee guarantees ail work performed under this permit to be free of hidden and latent defects. Any failures shall be corrected within two weeks after notification to the satisfaction of the Public Works Director. 5. A valid State licensed contractor must perform all construction within the public right-of-way, unless waived by the Public Works Director. A valid State Contractor License Class A can perform any work in the public right-of-way. For construction or connection to water lines a valid State Contractor License Class C-34 is required. For construction or connection to sewer lines a valid State Contractor License Class C-42 is required. 6. All trenching and/or resurfacing shalt conform to City Standard 105-L for parkway/roadway and City Standard 140-L, in the alley, where a minimum half -alley width resurfacing shall be provided, unless otherwise directed by the Public Works Dept. Contractors shall obtain permits to perform excavation or trench work from the California Division of Industrial Safety prior to commencing underground construction as required by State law. Walls and faces of all excavations over 5 feet in depth shall be protected by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall be guarded when -hazardous ground movement may be expected, 7. The Public Works Department Inspectors must inspect all work in the Public right-of-way. Forms and subgrade must be inspected and approved before concrete is ordered/poured. Sewer, pipelines, and subgrade construction must be inspected and approved before backfilling, or applicant may be required to excavate site. Separate Utilities Department or General Services Department inspections may be required depending on scope of work performed. 8. All trench restoration must be inspected by the Public Works Department. No utility installation(s) shall be allowed over or within 5 feet of any City utilities, unless approved by the Public Works Department. Locate and pothole existing City -owned utilities (re: water, sewer, or street lighting conduits) to verify locations. Maintain a one -foot clearance over or under existing City -owned utilities, Sewer cleanouts require VCP or PVC SDR35 be used with a 4TT box over the riser. 9. Properly lighted barricades must be provided and maintained around all trenches, excavations and obstructions. All signs, flags, lights and other warning and safety devices shall conform to the requirements of the current "Manual of Warning Signs, Sights and Other Devices for the Use in Performance of Work Upon Highways", issued by the California Department of Transportation. If needed,barricades can be obtained from the City at a charge of $10.00 per barricade per day, with a minimum charge of $35.00. It is the responsibility of the applicant to place barricades to protect the general public. Access to fire hydrants must be maintained at all times, 10. Work within or near beach sensitive areas will not be allowed during, City holidays, spring break, Memorial Day weekend, summer between June 15 and September 15, and during the holiday season from December 19 to January 1, unless approved by the Public Works Department. 11. Any work that extends into traffic or parking lanes and impedes the normal flow of traffic requires the applicant to acquire a Temporary Street Closure Permit from the Public Works Department. Access for fire, police and emergency vehicles must be maintained at all times. Traffic Control must be per Work Area Traffic Control Handbook (WATCH). No nighttime traffic lane closures, unless prior approval has been granted. Any lane(s) closure on a major street will only be allowed between 9:00 a.m. and 3:00 p.m. (Monday thou Friday), unless approved by the Public Works Department. Any work affecting the State Highway's traffic or within the State Highway right-of-way Will require a Caltrans Permit. All vehicles shall be lawfully parked. 12. This permit does not authorize the closure of sidewalks, streets, or alleys for construction access, storage of materials, or parking of construction vehicles unless detailed on an attached Temporary Street Closure. 13. Applicant must notify USA at 1-800-227-2600 2 days before starting any underground construction. Applicant must notify all affected residents 24 hours in advance of restricted access and any inconveniences. 14. Refuse or unused materials shall be removed within 24 hours after completion of the work. If not removed, the City may remove and bill the applicant. Coordinate alley closures with City's refuse pick-up daysby calling 949-644-3066 for the collection schedule so service is not interrupted. To place a dumpster or materials in the public right-of-way, a Temporary Street Closure Permit must be obtained from the Public Works Department. WORKER'S COMPENSATION INSURANCE (Section 3800 Labor Code) I certify that 1 have a Certificate of consent to self -insure, Certificate of Worker's Compensation Iryurance, or a Certified Copy thereof. Date: 7/9 1 //'7 Signature: CERTIFICATE OF EXEMPTION (Section 3800 Labor Code) I certify that in the performance of the work under this permit, I shall not employ any person so as to become subject to California Worker's Compensation Laws. If, after signing this certificate I become subject to the Worker's Compensation provisions of the State Labor Code, I must comply with the provisions of Section 3700 or this permit shall be deemed revoked. Date: Signature: CONTRACTOR LICENSE EXEMPTION As the Owner of the benefiting property, I certify I am personally performing all work in the Public Right -of -Way. Date: Signature: HOLD HARMLESS STATEMENT I understand that 1 am locating minor encroachments within the City Right-of- Way/Easement. As property owner it is my responsibility to maintain the encroachments. 1 will be responsible for replacing the improvements if the City removes them for maintenance of utilities or other public need. I shall indemnify and hold the City harmless for any liability associated with the minor encroachments. Date: Signature: 24-hour notice for Encroachment Permit Inspection is required by calling Public Works at 949-644-3311. 4%1 v 15. Any above ground utility facilities wilt require documented approval from the adjacent affected property owner(s). 16, Homeowner, contractors, and subconlracolrs may each be liable for violations of Water Quality Laws, Best Management Practices will be enforced. It is against the law to discharge construction debris into the gutter and storm drain. Felony violations of Water Quality Laws are punishable by fines up to $25,000 and/or up to three years in State prison plus the full cost to clean up an illegal discharge or spill, 17. If a refundable deposit was paid, applicant must submit a Soils Compaction Certificate or Evidence of a Slurried Backfill and request a final inspection from the Public Works Department. Monies may be held for six months after final inspection before a refund will be processed. 18, No trees in the public right-of-way shall be planted, removed, trimmed, or relocated without approval from the General Services Department. 19, All work in the public right-of-way must meet the approval of the Public Works Department or corrections will be required (i.e. removals, exposing connections, etc.). Additional inspection fees may be required. 20. Permit is for standard materials in the public right-of-way only, unless previously approved by Public Works and an Encroachment Agreement has been processed. 21. Permit is valid for "description" of work noted on front only. Additional work performed may require issuance of a separate permit and/or additional fees. 64 COMPLETE THE BELOW INFORMATION . PROJECT ADDRESS: E S f ' l DETAILED DESCRIPTION OF PROPOSED WORK: c.�—q ti'd Lit z- 'C(S c(2 t 1 Qrp APPLICANT: C (. e� Phone:?��y- �J 2 7 ^ 9 7L Email Address: Mailing Adtlress: City/State2ip: C L�orV 13L e- 6 ' OWNER: Lj�� 4 Phone: Email Address: Mailing Address: CityfState/Zip: CONTRACTOR: Office Phone:q�/ Company (if different): Joliette Phone: Q �6 ' /� O 5- Other Phone: Email Address: Mailing Address: City/State/Zip: $late License Number & Class: City Business License Number: a©rf�l Expires: c 3/ J1Y F-r3Z77&,& 1 Expires: WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code) Company: Policy No: lv� 32c 5-S46Exp1res:1 a Mon )ci al , stations:-544-3b55 Utildies:..949-&44-307t ' Urban FoxestT 948-644 9(183 Special Conditions of Permit: 's d V;rea OUR Utilities: Traffic: 0 Fire: 0 Municipal Operations Other: Engineering Technician: Permit Specialist Date: Permit No. 2?0d; 6cd, H-21'-1? IN2017-01`11 tjuaewpbw/shamd/ancmachfinestarstepwoMsheet)dsCk .,.. - & C d1 r.Ls Public Works Department 949-644-3311 1 S. 100 Civic Center Drive, Newport Beach, CA 92660 ------------ Engineering Tech: Total Amount Due: For Finance use Only ----- Permit Specialist Receipt No. �p� fluserstpbw/shamcVencmach(masters/ap front and back masters( Rev. 115/2017 epfeeshaet.xls vised 10/21/2016 Exhibit "A" i ! Sheet 1 of 1 ! 'o< Iu � is "fw:n J.akes Ump. 5-9" LIMIT OF WORK - NO CHANGE TO 810E AND REAR YARDS S 8B ! 103-72 FF 10430 FF 103.5 FS 1G4-i FS ^ EN PERMEABLE ! U UNIT PAVER PATIO 'a 4' DRAIN GRATE, ' . '^. EX"v TR CONNECT TO " 5DR 3-96"min 4�` ! NON-PERF PIPE TYP. 103.53 OFF G_5EN PE LF --'� UNT PAVER DRIVEWAY EG "! Y� PL P �, J PL ,.\ 1�_ t I.I L _ A O.OBV' PL DETA P \\ 103.0 Hi , iG2.5 q I 10025 FL A - 16g9, v ! 100.05 FL 10, "O 100.28 FL PL 0 5E TG carriage SEE 5T 184 L wa Vll "Ween i %100.05 FL I NN N LAKES l GlRC.LY• 4 10050 T:1 , Rea•1Quest.com 4 - Report http://pro.realquest.com/jsp/reportjsp?&client=&action=confirm&type=.. 0 Print > Email Reports Property Detail Report For Property Located At: 6 TWIN LAKES CIR, CORONA DEL MAR, CA 92625-1036 s Export Reports Owner Information Owner Name: BURGNER DANIEL J Mailing Address: 6 TWIN LAKES CIR, CORONA DEL MAR CA 92625-1036 C012 Vesting Codes: //TR Purchase Principal Data Location Information Legal Description: N-TRACT. 7510 BLOCK: LOT: 11 County: ORANGE, CA APN: 458-472-07 Census Tract/Block: 626.4414 Alternate APN: Township -Range -Sect: Subdivision: Legal BooklPage: Map Reference: 32-D6 / Legal Lot: 11 Tract If. 7510 Legal Block: School District: NEWPORT MESA Market Area: CS School District Name: Neighbor Code: MuniclTownship: Owner Transfer Information Recording/Sale Date: 05/2212003104/30/2003 Dead Type: GRANT DEED Sale Price: 1st Mtg Document #: Document #: 598341 Last Market Sale Information Recording/Sale Date: 12/19/1997 / 10/28/1997 1st Mtg Amount/Type: $562,600 / COW Sale Price: $703,500 1st Mtg Int. Rate/Type: /FIXED Sale Type: FULL list Mtg Document#: Document#: 653521 2nd Mtg Amouri/Type: $70,300/CONY Deed Type: GRANT DEED 2nd Mtg Int. Rate/Type: / Transfer Document #: Price Per SgFt: $189.62 New Construction: Multi/Split Sale: Title Company: STEWART TITLE Lender: WASHINGTON MUTUAL BK Seller Name: SURGNER DANIEL Prior Sale Information Prior RedSale Date: 08/25/1976 / Prior Lender: Prior Sale Price: $178,000 Prior let Mtg Amtlrype: $138,000/COW Prior Doc Number: 1186301764 Prior let Mtg Raterrype: / Prior Deed Type: DEED(REG) Property Characteristics Gross Area: 4.310 Parking Type: GARAGE/CARPORT Construction: FRAME Living Area: 3,710 Garage Area: 600 Heat Type: CENTRAL Tot Adj Area: Garage Capacity: 3 Exterior wall: STUCCO Above Grade: Parking Spaces: Porch Type: Total Rooms: 9 Basement Area: Patio Type: Bedrooms: 4 Finish Bsmnt Area: Pool: POOL Bath(F/H): 4/ Basement Type: Air Cond: CENTRAL -- — ---Year Built /Effr- -197211972 ---RoofTYpe:--- - -- --- Style. ---- --- -CONTEMPORARY-- ----- ------ Fireplace: Y / 1 Foundation: Quality: GOOD # of Stories: 2.00 Roof Material: WOOD SHAKE Condition: EXCELLENT Other Improvements: FENCE Building Permit Site Information Zoning: Acres: 0.21 County Use: SINGLE FAM RESIDENCE (1) Lot Area: 9,000 Lot Width/Depth: 75 x 113 State Use: Land Use: SFR Res/Comm Units: / Water Type: PUBLIC Site Influence: Sewer Type: PUBLIC SERVICE Tax Information Total Value: $948,579 Assessed Year: 2016 Property Tax: $10,229.66 Land Value: $688.665 Improved %: 27% TaxArea: 07034 Improvement Value: $259,914 Tax Year. 2016 Tax Exemption: HOMEOWNER Total Taxable Value: $941.579 > Print d Email Reports 9 Export Reports I of 1 4/27/17, 8:29 AN THE BURGNER FAMILY TRUST COMPLETE AVIENDME\T AND RESTATEMENT OF THE CATHN, HOGAN BURGHER AND DANIEL JEFFREI' BURGER FANIILN, REVOCABLE TRUST DATED FEBRUARI' 28, 1997 COMPLETE AMENDMENT AND RESTATEMENT OF THE CATHY HOGAN BURGNER AND DANIEL JEFFREY BURGNER FAMILY REVOCABLE TRUST DATED FEBRUARY 28, 1997 (HEREINAFTER "THE BURGNER FAMILY TRUST") Cathy Hogan Burgher and Daniel Jeffrey Burgher, in this document referred to as Trustors land at times referred to collectively hereinafter as "Trustor'), and Cathy Hogan Burgher and Darnel Jeffrey Burgher husband and wife as Trustees (at times referred to collectively hereinafter as 'Trustee as "husband and wife') intend by this agreement to completely restate the Cathy Hogan Burgher and Daniel Jeffrey Burgher Family Revocable Trust of February 28 1997 (The 'Burgner Family Trust') The February 28 1997 trust agreement reserved in the original trustors the power to amend the trust Th,s trust agreement is amended under that power The Trustors desire to amend and completely restate The Burgher Family Trust of February 28 1997 in its entirety The trustors and trustees agree that on execution of this trust instrument. the Burgher Family Trust Dated February 28 '1997 shall be replaced in whole and the terms of this amended and restated trust agreement shall supersede the terms of all prior trust agreements and amendments for all purposes V%Ie Cathy Hagan Burgher and Daniel Jeffrey Burgher as Trustors and. Gathy Hogan Burgner and Darnel Jeffrey Burgher as Trustees residing in Orange County California. now hereby amend and restate in its entrety the Trust originally created on February 28. 1997 as — previousl)rxnown as Cathy Hngan- Burgher and Daniel Jeffrey-Burgner Family Revocable Trust — Dated February 28 1997, and hereinafter shall refer to the newly amended and restated trust agreement as The Burgner Family Trust of February 28. 1997, The Trustee hereby declares as follows ARTICLE F. ESTABLISHMENT OF TRUST Section 1.01. Transfer Creating Trust. Cathy Hogan Burgner and Daniel Jeffrey Burgher have transferred or wtll'transfer to the Trustee of this Trust the property described in the attached Exhibit "2 which will constitute, together with any tither property that may be added to this Trust. the Trust Estate of an express trust which shall be held administered and distributed by the Trustee as provided in this Declaration Section 1.02, Trust Name. This Trust shall be known as the Burgner Family Trust Section 1.03. Declaration Regarding Family. Trustors are rnarned and have four adult children Michelle Nicole Burgner. born August 26, 1985 Brooke Burgner Subert. born November 2 1936 Mathew Hogan Burgner born June 13 988 and Edward Hogan Burgner born Jun 22 1992 Trustors have no deceased children Section 1.04. Appointment of Trustee. Husband and Wife are hereby appointed as Co -Trustees of this Trust Should either Husband or Wife become unable or. for any reason.. cease to serve or refuse to serve as Co -Trustee. the remaining spouse shall thereafter serve as sole Trustee In the event both Husband and Wife should become unable or for any reason cease to serve or refuse to serve as sole Trustee Michelle Nicole Burgner is appointed as Trustee and if Michelle Nicole Burgner should become unable or for any reason cease to serve or refuse to serve as Trustee. Brooke Burgner Subert is appointed as Trustee and if Brooke Burgner Subert should become unable or for any reason cease to serve or refuse to serve as Trustee.. Mathew Hogan Burgner Is appointed as Trustee. and if Mathew Hogan Burgner should become unable or. for any reason, cease to serve or refuse to serve as Trustee Edward Hogan Burgner is appointed Trustee If none of Trustorschildren are able or willing to serve as Trustee. then Paul Ellis Burgner is appointed as Trustee Any Trustee shall have the right at any time and from time to time to resign as Trustee try delivery of a written resignation to the beneficiaries of the Trust Section 1.05. Definitions. As used in this Declaration of Trust A Husband The term "Husband' shall mean Daniel Jeffrey Burgner B Wife The term "Wife'" shall mean Cathy Hogan Burgner C Trustors The term "Trustors" shall refer collectively to Husband and Wife D Deceased Spouse The term "deceased spouse" shall refer to the Trustor who is first to die E Surviving Spouse The term 'surviving spouse" shall refer to the Trustor who is last to die F Trustee The term "Trustee' shall refer to the person serving as Trustee under this Declaration of Trust G Child of Trustors The term "child of Trustors" shall refer only to a person who is a child of both Husband and Wife and shall include adopted persons There is no person either Trustor would have adopted but for a legal barner or otherwise H Issue The term 'issue' shall refer only to a person who is a lineal descendant of any degree and shall include adopted persons provided they are adopted before reaching the age of maloaty CERTIFICATION OF HUSBAND AND WIFE We and each of us certify that A Weand each of us have read the foregoing restated Declaration of Trust. B The foregoing restated Declaration of Trust correctly states the terms and conditions under which the Trust Estate is to be held managed. administered and disposed of by the Trustee. C We and each of us approve such restated Declaration of Trust in all particulars:. D As the Trustee named in such restated Declaration of Trust. we. and each of us, approve and accept the Trust provided for in such Declaration and E We acknowledge that the preparation of this restated Declaration of Trust and our related estate planning documents by a single attorney at our joint instructions raises the potential for a conflict of interest- which we waive EXECUTED April t 2016 CathyJiogan Burgher Daniel Jeffrey Burgher M A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracy or validity of that document STATE OF CALIFORNIA COUNTY OF ORANGE On April 1. 2016 before me. ' -` / k.i"7�r Notary Public personally appeared Cathy Hogan Burgner and Daniel Jeffrey Burgner who proved to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct Notary Public WITNESS my hand and official seal a JES 0110 CaeMEXAMAC P 2107177Mcmy«ma t+Om. j=ga 16, 2919 r REAL PROPERTY ENCROACHMENT AGREEMENTS This form is to be used for properties encroaching in the public right-of-way, after an encroachment permit has been issued. Name and extension of staff preparing Rodi Almendralo, 0334-/ this worksheet Encroachment Permit # (EPN) ,/ N2017-0197Effect�ue date FILLEp OUT BY CITY 7!Sl2fl7' IZ Legal owner(s) name, e.g., Ken and Mary The 13urgner Family Trqst-D-Ated 'Doivliel U, B Doe Febftlar� 28, 1997 cAM CA 0-ky t+. 8"V V1,!'") -4V rAW TV LbECS 0 tllldi-� How title is vested in the owners, e.g., —Trust-- in Trust- urtAev tu� Emily l i vi -rlyt" Be LAI joint tenants, community property, a GAIV 'i II V11173 na California limited liability company, etc. ame-vnVirIc"i-s -rw"e�k Street number and street name of 6 Twin Lakes Circle./ property, e.g., 3300 Newport Boulevard Zip code of property 92625-/ Lot number of property 11/ Block number of property Click here to enter text. Tract number of property 7510./ Book number of Miscellaneous Maps of 292/ property First page number of Miscellaneous 17./ Maps Last page number of Miscellaneous Maps 21-/ Assessor's Parcel Number (APN) of 458-472-07-/ property, e.g., 811-23-42 Short description of public right-of-way Twin Lakes Circle/ area, e.g. Flower Street Description of permitted improvements A variable width decorative carriage walk encroaching in the public right-of-way, with widths from 7-feet to 1 0-feet e.g., a 9-foot wide driveway constructed constructed with a "talega blend" colored of beige pavers encroaching four feet into "Olsen Kingdom Cobble" pavers the Flower Street right-of-way; and... encroaching I 0-feet into the Twin Lakes Circle right-of-way,/ Cite authority for each permitted City Council Policy L-6, Section C improvement. (Cite Council Policy Number and applicable sections, or city council meeting at which permitted improvements were approved, attaching final staff report and council meeting minutes). Av 017C** "cry$ 1 11 e_- >7 -r any REAL PROPERTY ENCROACHMENT AGREEMENTS City signatory Dave Kiff/ City signatory's title City Manager First owner's name Cathy Hogan Burgner/ First owner's title, e.g. Joint Tenant or Owner Trustee, sry+ m—I IVr Second owner's name Daniel J,effreyBurger✓ Second owner's title, e.g. Joint Tenant or Owner Trustee, Exhibit A - Permitted Improvements Plan as approved by Public Works Attached by staff Evidence of signing authority of owners, if Attached by staff owners are trust, LLC or corporation If applicable, council meeting minutes approving permitted improvements and Attached by staff. final staff report. CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3311 1 949-644-3308 FAx newportbeachca.gov July 10, 2017 Daniel J. Burgner & Cathy H. Burgner Burgner Family Living Trust 6 Twin Lakes Circle Newport Beach, CA 92625 SUBJECT: Non -Standard Improvements in Public Right -Of -Way (EPN-2017-0197) at 6 Twin Lakes Circle Dear Mr. Mrs. Burgner, Your request to construct non-standard improvements in the Public Right -Of -Way at 6 Twin Lakes Circle requires execution of an Encroachment Agreement. Please execute the copy of the attached Non -Standard Encroachment Agreement -(attached) using a notaryand signing in BLUE INK, return packet to my attention for processing. If you have any questions or need additional information, I can be reached by phone (949) 644-3311. Sincerely, f D bbie lgas Permit Technician RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2017-0197) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 6th day of July, 2017, by and between Daniel J. Burgner and Cathy H. Burgner, as Trustees of their successors in Trust under the Burgner Family Living Trust U/D/T February 28, 1997, and any amendments thereto ("Owner"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). RECITALS WHEREAS, Owner is the vested owner of property located at 6 Twin Lakes Circle, Newport Beach, California, 92625 and legally described as Lot 11 of Tract 7510, as shown on a map recorded in Book 292, Pages 17 through 21 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 458- 472-07 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Twin Lakes Circle right-of-way (hereinafter "Right -of -Way") that is located adjacent to Property; 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 enter into this Agreement providing for fulfillment of the conditions required by City to permit Owner to construct and maintain said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: City and Owner acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Burgner Encroachment Agreement 2. It is mutually agreed that Permitted Improvements shall be defined as: a. A variable width decorative carriage walk with widths from 7-feet to 10-feet constructed with a "talega blend" colored "Olsen Kingdom Cobble" pavers encroaching 10-feet into the Twin Lakes Circle right-of-way, as approved by the Public Works Department and as shown on Exhibit A, attached hereto and incorporated herein by reference. b. In addition, if any improvements actually built or installed during the time of construction vary from Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 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, if in substantial conformance with the plans and specifications on file in City. City will further allow Owner to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 4. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. City shall make good faith efforts to provide sixty (60) calendar days' notice in advance of termination, 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. 5. Owner and City further agree as follows: a. Owner may construct and install Permitted Improvements and appurtenances incidental thereto in substantial conformance with the plans and specifications - - on file irn City's Public -Works _ Department, and as described on_Exhibit A. b. Owner shall maintain Permitted Improvements in accordance with generally 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 and restoration of these public facilities or improvements to their condition at the time of entry into this Agreement. d. 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 Permitted Improvements, as required, and in such event: Burgner Encroachment Agreement 2 (i) City shall notify Owner in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Owner shall be responsible for arranging for any renewal, replacement, or restoration of Permitted Improvements affected by such work by City. (iii) City agrees to bear only the cost of any removal of Permitted Improvements affected by such work by City. (iv) Owner agrees to pay all costs for the renewal, replacement, or restoration of Permitted Improvements. 6. 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 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) calendar days' notice, with the notice specifying the date of termination. 7. In the event of any dispute or legal action arising under this Agreement, the prevailing parry shall not be entitled to attorneys' fees. 8. 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 Permitted Improvements. 9._ 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 Owner's interest in the land, whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. 10. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. 11. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Burgner Encroachment Agreement 3 13. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] Burgner Encroachment Agreement 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN�Y'S OFFICE Date: � � /z a� By: `7Y Aaron C. Harp City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager OWNER(S): Daniel J. Burgner and Cathy H. Burgner, as Trustees of their successors in Trust under the Burgner Family Living Trust U/D/T February 28, 1997, and any amendments thereto Date: By: Cathy H. Burgner Trustee Date: By. Daniel J. Burgner Trustee [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A —Permitted Improvements Plan as Approved by Public Works Burgner Encroachment Agreement 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is -- -- --attached, and -not- the truthfulness, -accuracy; -or validity--- -- -- -- -- --- of that document. State of California County of 3 ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Burgner Encroachment Agreement 6 EXHIBIT A PERMITTED IMPROVEMENTS PLAN Burgner Encroachment Agreement A-1 iI Exhibit "A" Sheet 1 of 1 Iz (� 0 ,3c f Lu (o Twin I-aues Ciro 5-9° L r,IT OF WORK - NO GRANGE TO SIDE AND REAR YARDS 103.72 FF 10430 FF 103.5 F5 104.1 F5 r--^ O15EN PERMEABLE Cj i UNIT PAVER PATIO X DRAIN GRATE. ! \g "EX'G TR CONNECT TO 4" SDR 35 y r min NON-PERF PIPE TYP. ' 1035PL3 OFF OS90pc E UNIT PAVER DRVEWAY PL PL n n t 103� PL 4 '70.0SW _ ._-.' PIPE.' P / DETAI i02.5 �00.25 FL 100.05 FL '\.100.28 FL a 056TC coavti®9a wolk amss +tz�*A SEE 5Tp 1b� L cat':Wbac w pows W,+h o `C,60 1 % 100.05 FL I 'cTaRtmJo �lcnd' eolo� 71NIN LAkES ) CiRC E 10056TG /I / 1 OG.01 8/29/2017 City of Newport Beach Page 3 of 22 6:34:35AM INSP150 - Daily Inspection Request Report Requested Inspection Date : 08/29/2017 Inspection Type: ENCROACH Inspection Area : PW Site ,Address : 6TWIN I LAKES C I IR A11PIDInformatioti. Activity N2017-0197 ��r/v SubType: Status : APPROVED OWNER: BURGNER DANIEL J Phone APPLICANT: BADRAUN BULDERS Phone : 949-422-9741 Description : Install decorative carriage walk in parkway and curb drain per City Standard #184-L. Requested tfispectioj*li. Item: Requested Time: 10250 FINAL - PW 8/29/2017 12:00:OOAM Entered By: NBIVR Comments: AM Assigned to: Requestor: NBIVR 9495021805 —<—NX 15 Inspector: J Date: Time: L5 6 PM Comments: 0 A-r0to /20p/ oar/ is S 14A.16 P, F:\Users\PBWkShared\ENCROACH\MASTERS\FORMS\InspectorSheet.doc