HomeMy WebLinkAboutN2011-0271Description: RETAIN EXISITING 2 PILASTERS, GATE AND WALKWAY IN PUBLIC
ROW.
Parcel #:
Legal Desc : N TR 1501 LOT 18
Owner:
WOOTERS DAVID S
J I
Phone:
-
�o ��'�lp
Phone: 714-345-9371
Address :
20442 BAY VIEW AVE
Address : 491 62ND ST
Paid : $853.00
NEWPORT BEACH, CA
NEWPORT BEACH CA 92663
Total Water Meters:
City of Newport Beach
Public Works Department
Permit No: M2011-0271
JENKINS CONSTRUCTION
3300 Newport Blvd, Newport Beach,
CA 92663 Public Works & Inspection Requests (949) 644-3311
Utilities Inspection Requests (949) 644-3011
Job Address:
20442 BAY VIEW AVE NB
Thomas:Guide:
889E2
Description: RETAIN EXISITING 2 PILASTERS, GATE AND WALKWAY IN PUBLIC
ROW.
Parcel #:
Legal Desc : N TR 1501 LOT 18
Owner:
WOOTERS DAVID S
Contractor: JENKINS CONSTRUCTION
Phone:
0
Phone: 714-345-9371
Address :
20442 BAY VIEW AVE
Address : 491 62ND ST
Paid : $853.00
NEWPORT BEACH, CA
NEWPORT BEACH CA 92663
Total Water Meters:
$0.00
Contractor State Lie: 901221
Applicant:
JENKINS CONSTRUCTION
License Expire : 07 31, 2013
Phone:
714-345-9371 [
Refundable Deposit:
Address :
491 62ND ST
$0.00
NEWPORT BEACH CA 92663
Business License : BT30015872
Adjustment:
$0.00
Business Expire : 07 31, 2012
Special Cond.:
PLAN CHECK # 2413-2010
Workers' Compensation Insurance - -
ENCROACHMENT AGREEMENT REQUIRED.
Carrier: STATE FUND
Policy No : 1956466
W. C. Expire: 10 20, 2011
Permit Processing Fee :
$0.00
Sewer Connection :
$0.00
Total Fee $853.00
Agreement Fee:
$853.00
4TT Box Cover:
$0.00
Paid : $853.00
Traffic control Plan Check :
$0.00
Total Water Meters:
$0.00
Balance : $0.00
Inspection Fee :
$0.00
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
l!
General Services Approval :
Date:
_/_/
t'm
i
TERMS AND CONDITIONS OF ENCROACHMENT PERMIT
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. I
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.
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.
Permittee guarantees all 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.
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.
All trenching and/or resurfacing shall 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.
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 inspections by
the Municipal Operations Department may be required depending on scope of work performed.
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 (ie: 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.
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.
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
January1, unless approved by the Public Works Department.
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 thru 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.
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.
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.
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 days by 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 (S ctior 38 if Labor C2�dde)
I certify tha I have a Certificate of consent to s�elf!inst m,,' ertificat� F Worker's
Comp a on In urance, or a Certified Copy er f.
Fate: f' Signature: I
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 I am locating minor encroachments within the City Right-of-
Way/Easement. As property owner it is my responsibility to maintain the
encroachments. I 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 12
1. In spe rgri, quired by calling
Public Works at 949-644-33ITIALS: �-..J
15. All above ground facilities shall comply with the Municipal Code, including but not limited
to Chapter 13.20.
16. Homeowner, contractors, and subcontractors 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 Municipal Operations Department, Parks and Street Trees
Division.
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, unles yeviously approved
by Public Works and an Encroachment Agreement has been pro sett.
21. Permit is valid for "description" of work noted on fir nly. dc�d"ional work performed
may require issuance of a separate permit and/or ddil ee
PROJECT ADDRESS: goqw, 15aw voo me.
DETAILED DESCRIPTION OF PROPOSED WORK:
a w(I
APPLICANT: ,%in
K Im jPhone: l3q5-- q3-11
Email Address:
Mailing Address: City/State/Zip:
OWNER:
lPhone:
Email Address:
Mailing Address: City/State/Zip:
NT� ag"T, t-. LzC R,9 -42
JF.P,R N "R14 I', Xf M 9T
,,jPI . . . ......
CONTRACTOR: OffjCG Phone:
Comwy-(if di erent): Jobsite Phone:
Z - -( Other Phone;C7 -TC(-S-- 27 71
Email Address:
Mai
Pg Address:
City/State/Zip:
4-7-
St� e License Number & Class:
t3Expires:
City Business License Number:
Expires:
WORKERS COMPENSATION INSYgANCE - Certificate of Insurance (Section 3800 Lab" Code)
Expires:
Company: Policy No: z. Vj/II
-Ix- q�� r
REFUNDABLE DEPOSIT INFORMATION (IfApplicable):
Refund Payable To.
Mail Refund To:
Special Conditions of Permit: GPI
0 Gh V-YA) rdF(A f &'YT)gY11
Utilities:
General Services:
Traffic: 0Fire:
Other:
Engineering Techician;
sexil tk-hi
Public Works Specialist:
LINLI
Dat o
11
I Permit No.
N2011-'A-1t
Uu so rs/pbw/s hare d/re croa c Wen as le es/epwofasha at, As
Public Works Department 949-644-3311
3300 Newport Boulevard, Newport Beach, CA 92663
CITY
•gip
PU6LIQWPRKS_q;EPMT
ees Are Non -Refundable Unless Otherwise Stated
PROJECT ADDRESS:
(�
PERMIT
NUMBER: 2011
Water Meter Boxes:
APPLICANT: f ,
1fl � "1�.P 5
E
5200-5029
For Parkway & Sidewalk Area (Box + Cover = Cost)
'T BE
'��t NPl T D'B .:PUBL R D - ';ARTME
5200-5015
Permit Processing Fee:
Qty.
Inspection Fee:
Qty.
Public Works Only
$229.008
2: Meter: 21.00 + 21.30 $42.30
5200-5027
Public Works Field Inspection
$146.00
$857.00
5200-5027
Other Department
$302.00
$'1,505.00
5200-5027
Utilities Field Inspection
$188.00
$2,505.00
5200-5028
1" Meter: 17.60+30.80 $48.408
TBD
General Services Inspection
$146.00
Street Easemt/Vacation Fee /+too%of My over 4 hrs)
2" Meter: 21.00 + 120.00 $141.00 1
Agreement Fee:
Preparation of Report/Agreement $853.00
Document Recordation Fee $198.00
Monitoring Wells $469.00
Refundable Deposit:
Improvements
Street/Alley/Walk Closure: $52.00 Sewer Connection Fee
Traffic Control Plan Check 4TT Box & Cover
x 11" $52.00
24" x
24" x 36" $132.00
Additional
I THE FOLLOWING ITEMS REQUIRE APPROVAL FROM THE®®R'
I REVENUE DIVISION PRIOR TO PAYMENT OF FEES 1AI
TBD=
TBD=
$250.008 250.008
$51.20
+enue Division I
oroval:
IWater Meter: Connection Charge: $160.00
'3/4" Meter
$145.00
buaget Numner
Water Meter Boxes:
1 " Meter
$210.00
5200-5029
For Parkway & Sidewalk Area (Box + Cover = Cost)
11 1/2" Meter
$390.00
5200-5015
1" Meter: 17.60 + 13.80 $31.408
$3,305.00
12" Meter
$505.00
$354.00
2: Meter: 21.00 + 21.30 $42.30
5200-5027
1
13" Meter
$857.00
5200-5027
Final Parcel Map Checking Fee - Complex
14: Meter
$'1,505.00
5200-5027
For Traffic & Alley Areas (Box + Cover = Cost) 1
16" Meter
$2,505.00
5200-5028
1" Meter: 17.60+30.80 $48.408
TBD
1
Im_-__-=-_-_-_-_-_-_==-_®_®_-=-=n=."t=®=®®®=®®®I
Street Easemt/Vacation Fee /+too%of My over 4 hrs)
2" Meter: 21.00 + 120.00 $141.00 1
Engineering Tech:
tdty.
buaget Numner
Certificate of Compliance Fee (+ioo°i, of hrly over 3 hrs)
$273.00
CITY OFNEWPORT BEAC+t'?
5200-5029
Development Services Fee
TBD
5200-5015
Final Tract Map Checking Fee
$3,305.00
5200-5026
Final Parcel Map Checking Fee - Simple
$354.00
5200-5027
Final Parcel Map Checking Fee - Moderate
$2,176.00
5200-5027
Final Parcel Map Checking Fee - Complex
$3,305.00
5200-5027
Lot Line Adjustment Fee
$1,032.00
5200-5028
Park Dedication Fee Zone
TBD
4310-470
Street Easemt/Vacation Fee /+too%of My over 4 hrs)
$931.00
5200-5031
Street Tree Fee ($700 Planting Fee)
TBD
030-2284
__..®..®..®..®.__.®..®..®..®..®..®..®__®..®..®_.
rn.�=........ ..
Engineering Tech:
TotalAmount Due:
For Fina ce _se only
kl
CITY OFNEWPORT BEAC+t'?
lic Works Specialist:
/% re
Receipt No.
r 5 _ R Y7 �'t C/i f
Check a License - License Detail - Contractors State License Board
s
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before
relying on this information, you should be aware of the following limitations.
CSLB complaint disclosure is restricted by law t6&P 7124.6) If this entity is subject to public complaint disclosure, a link
for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information.
Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the Board's license database.
License Number 901221 Extract Date: 9/15/2011
JENKINS CONSTRUCTION
504 CANAL STREET
Business Information NEWPORT BEACH, CA 92663
Page 1 of 2
__,...
Business Phone Number:(714) 345-9371
--- ..._._... _............ ..I.._.... .................
Entity;
Sole Ownership
Issue Date
07/31/2007
Expire Date
07/31/2013
License Status
This license is current and active. All information below should be reviewed.
Additional Status:
CLASS DESCRIPTION
Classifications:
B GENERAL BUILDING CONTRACTOR
Bonding:
CONTRACTOR'S BOND
This license filed Contractor's Bond number SC1044852 in the amount of $12,500 with
the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 03/02/2009
Contractor's Bonding History
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number:1956466
Workers' Compensation: Effective Date: 10/20/2010
Expire Date: 10/20/2011
Workers' Compensation History
Personnel List
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?/A (E) TURF OWNER: Wooters
ADDRESS: 20442 Bay View Ave
p j L Newport Beach, CA 92660
20'-O"
Exhibit "A"
Sheet 1 of 1
N2011-0271
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RealQuest.com ® - Report
Page 1 of 1
Property Detail Report It CQreLiigjic'
For Property Located At RealQuest, Professional
20442 BAYVIEW AVE, NEWPORT BEACH, CA 92660-0710
Owner Information:
Owner Name: WOOTERS DAVID S
Mailing Address: 20442 BAYVIEW AVE, NEWPORT BEACH CA 92660-0rl
DTR
Phone Number: Vesting Codes:
Location Information:
Legal Description:
N TR 1501 LOT 18
County:
ORANGE, CA
Census Tract/ Block:
630.09/1
Township -Range -Sect:
/
Legal Book/Page:
/ {�
Legal Lot:
18
Legal Block:
Style:
Market Area:
I
Neighbor Code:
Owner Transfer Information:
Recording/Sale Date:
10/29/2001 1 1 011 9120 01
Sale Price:
Document#:
762772
Last Market Sale Information:
Recording/Sale Date:
11125/1 98 0 1
Sale Price:
$145,000
Sale Type:
FULL
Document M
13849-6D7.
Deed Type:
DEED (REG)
Transfer Document #:
New Construction:
(1)
Title Company:
Lot Area:
Lender:
PEOPLES S&L ASSN
Seller Name:
0602120288H
Prior Sale Information:
Prior Rec/Sale Date:
11/25/1980 /
Prior Sale Price:
$114,500
Prior Doc Number:
13849-606
Prior Deed Type:
DEED (REG)
Property Characteristics:
Gross Area: 1,167
Parking Type:
Living Area: 1,167 Garage Area:
Tot Adj Area:
Garage Capacity:
Above Grade:
Parking Spaces:
Total Rooms: 5
Basement Area:
Bedrooms:
Bath(F/H):
Year Built / Eff:
Fireplace:
# of Stories:
Other Improvements:
Site Information:
Zoning:
Flood Zone:
Flood Panel:
Flood Panel Date:
Land Use:
Tax Information:
Total Value:
Land Value:
APN:
Alternate APN:
Subdivision:
Map Reference:
Tract #:
School District:
Munic/Township:
Deed Type:
1st Mtg Document*
2-A1 / 89-E2
1501
tEW ORT MESA
GRANT DEED
1st Mtg Amount/Type:
$11,5001 CONV
1st Mtg Int. Rate/Type:
/
1 at Mtg Document #:
1/
2nd Mtg Amount/Type:
/
2nd Mtg Int. Rate/Type:
/ {�
Price Per SgFt:
$124.25
Multi/Split Sale:
Style:
Prior Lender:
Prior 1st Mtg Amt/Type: /
Prior 1st Mtg Rate/Type: /
GARAGE/C A R PO RT C o n st ru cti o n:
Heat Type:
Exterior wall:
Porch Type:
Patio Type:
3
Finish Bsmnt Area:
Pool:
POOL &
JACUZZI
1/
Basement Type:
AirCond:
19531
Roof Type:
Style:
I
Foundation:
Quality:
1.00
Roof Material:
Condition:
SINGLE FAM
Acres:
0.19
County Use:
RESIDENCE
(1)
X
Lot Area:
8,322
State Use:
0602120288H
Lot Width/Depth:
60 x 138
Site
Influence:
02/18/2004
Res/Comm Units:
/
Sewer Type:
SFR
Water Type:
$455,096
$210,926
Improvement Value: $244,170
Total Taxable Value: $448,096
Assessed Year: 2011 Property Tax: $5,192.34
Improved%: 54% Tax Area: 07189
Tax Year: 2010 Tax Exemption: HOMEOWNER
2911-02�1
J IOW
05/01/2007 14:12 FAX
A / V 1
THE WOOTERS FAMILY TT
Dated October ff, RUS
prepared by
George T. Mooradian, Esq.
Baker &: Hostetler LLP
600 Anton Boulevard, Suite 65'�j
Costa ]Mesal CA 92626
74/966-8800
® 200L Baker & Hostetler LLP
m. UV1/UU6
11-7n 11,12"I l
05/U1/2UU7 14:12 PAA
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WJVV❑/VVL
'Heirs Wtla 3ge.c
be -c' -Me erziceed to or vested with any ir.4.ereseM =
der .h®s Trust Agreemanr.
The TRUSTEE is hereby authorized itaster- _
expense of the Trust eat,te any violation to to
HOtwhstanding the foregoing a " this
contest" shall
aiction described aboae In an arbitration a
Nproceeding
NOT include any action described above solely ime ,_
preceded by n a.
the filing of a contest with the court.
.I'V WrIIWESS WHtREOF, we have signed this Agreeroe: t ,
ttae day and year first above written.
DAV— ID WO 8hS//D.
n _
IN A r W TF S
DAVID S. WOOTERS ad LINDA L, SETTLORS
n
foregoing Trust as of the WOOTERS hereby acce
date hereinabove writt... the
D • IA S . WdOTERS
W00'ERS
Trustees as aforesaid
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92658-8915
Space above
Recorded in official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIINIII�lllaillllllllllllllllllillllllllllllltlllllillllllll 27,00
201100051554510:16 am 10117111
47412Ai2$
00 21.00 0.00 0.00 0.00
0,000.000. 000.
use
ENCROACHMENT AGREEMENT
(EPN2011-0271)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
this 15th day of September, 2011, by and between David S. Wooters and Linda L.
Wooters, Trustees of The Wooters Family Trust established October 19, 2001
("Owner"), and the City of Newport Beach, California, a California municipal corporation
organized and existing under and by virtue of its Charter and the Constitution and the
laws of the State of California, ("City").
WITNESSETH:
WHEREAS, Owner is the vested owner of property located at 20442 Bay View
Avenue, Newport Beach, California 92660 and legally described as Lot 18 of Tract
1501, as shown on a map recorded in Book 50, Page 16 inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, County Assessor's Parcel
Number 439-042-11 ("Property").
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Permitted Improvements") within the Bay View Avenue right-
of-way (hereinafter "Right -of -Way") that is located adjacent to the 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 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:
1. It is mutually agreed that Permitted Improvements shall be defined as:
a. Two 24 -inch square, three-foot high pilasters constructed of grey flagstone
pavers encroaching up to two feet into the public right-of-way;
b. A 3'/z -foot wide wooden gate encroaching up to two feet into the public right-
of-way;
c. A variable width entry walkway with widths from 3 '/Z feet to 7 '/2 feet
constructed of grey flagstone pavers encroaching up to 7' 9" into the public
right of -way;
d. Various private low -growing groundcover and landscaping encroaching up to
7' 9" into the public right-of-way and appurtenances as shown on EXHIBIT "A"
attached hereto and as approved by the Public Works Department.
In addition, if any of the Permitted Improvements actually built or installed during
the time of construction vary from the 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.
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, if in substantial conformance with the
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 with or without
cause and at any time without notice. The City shall make good faith efforts to
provide notice (60) days 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.
4. 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 in the City's Public Works Department, and
as described on Exhibit "A" attached hereto.
b. Owner shall maintain the 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.
Encroachment Agreement Page 12
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 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 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 the 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) day 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 not 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.
Encroachment Agreement
Pager 13
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
Encroachment Agreement P a g e' 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE TH CITY ATTORNEY
Date:
By:
Le ulvihill,
Assistant City Attorney
ATTEST-
Date:
By:_�(`r 0 r
Leilani Brown, City Clerk
CITY OF NEWPORT BEACH,
a California Municipal corporation
Date�,ics�
By: L
Da�iid Kiff,
City Manager
r
OWNER'-':
Date: 1.
David S. Wooters, Trustee
The Wooters Family Trust
I I< Date: ct— I q.-- I I
The Wooters Family Trust
Owners must sign in the presence of notary public
ATTACHMENTS: EXHIBIT A—Plans as approved by Public Works
knb-20051userslpbwtsharedl1-encroachlrow agreements120111n2011-0271 - 20442 bay view ave (wooters family
trust).doc& 21.10
Encroachment Agreement P a g e 15
CALOFORMOA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of G ,,' t // `_
t'N
OnL` T,06 51-9.0 iefore me, / '!
Date Here Insert Name and Title of the Office,
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory
evidence to be the personwhose nameK) is//�
p
subscribed to the within instrument and acknowledged
to me that he/*e/tNy executed the same in
L. HARRIS his/` r/"ir authorized capacity(Os), and that by
Comml;;ion o 104o1 ao his/ F Ir signature on the instrument the
Notary Public - California personK, or the entity upon behalf of which the
ilPanfle CanFNy
M Comm. E Ines 0.ef 12 1 person($` 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.
WITNESSmy han nd official seal,
Signaturel� �-----------
Place Notary seal and/or Stamp Above/y qNASignalme of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
FI Partner—❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
a'
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Individual
0
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
82008 National Notary Association -9350 De Soto Ave., P.O. Bo% 2402•Chatswodli 91313-2402•v .Nationalslotary.org train #5907 Header: Call Toll Free 1-800-8766827
State of California
County of OMMGt=- }ss.
On 1111-011
Notary Public, personally appeared
,who proved to me on the basis of satisfactory evidence to be the persoi-(o whose
nameW is/are subscribed to the within instrument and acknowledged to me that
he/ executed the same in his/her� authorized capacity(aes), and that by
his/heftheif signatures(aj on the instrument the person( -g), or the entity upon behalf of
which the personal 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
Viw CATHERINE M. PATEL
Commisslon # 1053920 z Notary Public - California z
Orange County n
My Comm. Expires Jun 13, 2013 N
(seal)
ACKNOWLEDGMENT
State of California
County of npkol;irE, ) ss.
On ft, otk before me,
Notary Public, personally appeared L1mtA L.
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(a' is/aye subscribed to the within instrument and acknowledged to me that
+ve/she/" executed the same in his/her/the r authorized capacity(i&,�), and that by
hislher/their signatures(s) on the instrument the person(&), or the entity upon behalf of
which the person(4acted, 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.
i
Signature
16)
CATHERINE M. PATEL
Commission # 1853920
z ;:ffi Notary Public - California z
(seal) " Orange County
My Comm. Expires Jun 13, 2013
Encroachment Agreement Page 16
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PSA i ADDRESS: 20442 Bay View Ave
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Exhibit "A"
Sheet 1 of 1
N2011-0271