HomeMy WebLinkAboutN2000-0367O 9— Nc
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White - Permit Pink - Temporary Office Copy Yellow - Applicant
CITY OF NEWPORT BEACH ENCROACHMENT PERIK
(Please type or print legible. Press hard - makes 3 copies)
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[1] APPLICATION FOR: Cl CURB CUT ❑ SEWER CONNECTION
Pe mrd E.P. RDO- 3 6Z
(CHECK ONE) ❑ STREET EXCAVATION ❑ WATER CONNECTION
Amount Fee Paid $ ¢ b • -7 O
❑ UNDERGROUND UTILITIES L�OTHER: RStN(I
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Receipt# 2- / 02-0'
[2] ADDRESS OF WORK: -9q06, Z;t o ,- q LII,
[3] APPLICANT'S NAME :ADDRESS: /y :AREA CODE: �i y
Peb,ecccy, t -e CI lcef ; c2`10b Ste( -%`h ULSIC11:PHONE: iP3(-5_35o
[4] OWNER'S NAME:�� ADDRESS
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�P 2 Yv� :PHONE.ODE:
C L �= I_ _ C.__-
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[5] CONTRACTOR'S NAME: (ADDRESS: l iOffice Phone:
1 Job Site Phone:
[6] APPLICANT HEREBY MAKES APPLICATION TO: Cc 1-3,5 C� C -t L--'.) c o C� r N
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(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: — 1 -7V -1-1110a
❑ Locale and pothole existing City owned utilities (ie: water, sewer, or street lighting conduits) to verify locations prior to start of any work. Maintain a
one (1) foot clearance over or under existing City owned utilities. To arrange for inspection of all connections to City Utilities or if a conflict should occur
please contact of the Utilities Department, 48 hours prior to start of any work at (949) 644-3011. In add
when a sewer cleanout is required, V.C.P. or P.V.C. SDR35 shall be used with a 4TT box over the cleanout riser.
** ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR**
CONTACT "UNDERGROUND SERVICE ALERT" AT LEAST 48 HOURS IN ADVANCE
OF ANY EXCAVATION AT 1-800-422-4133
[7] CONTRACTOR'S CITY BUSINESS LICENSE NO. [8] STATE LICENSE NO.
[9] WORKERS COMPENSATION INSURANCE
CERTIFICATE OF INSURANCE
(Section 3800 Labor Code)
❑ 1 certify that I have a Certificate of consent to self -insure, or Certificate of Workers Compensation Insurance or a Certified Copy thereof.
Policy No.: Company: Expiration Date:
Date: Applicant
(signature)
10] CERTIFICATE OF EXEMPTION
(Section 3800 Labor Code)
I'I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the
Workers Compensation laws of California. If, aIf, after signing this 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: G- CC) Applicant: -,Al ..n 12 a -
(signature)
[li] CONTRACTOR LICENSE EXEMPTION
Mpersodllawithin the Public nghtof-way.
ELl am exempt from hiring a Contractor as I amhOWNA
=wd
Date9�-Applicant:
-
(signature)
12] HOLD HARMLESS STATEMENT
❑ 1 understand that I am locating minor encroachments within the City right-0f-wayleasement. It is my responsibility as the property owner to maintain the
encroachments. I will be responsible for replacing the improvements if the Cry removes hem for maintenance of utilities or other public need; and 1, the
property owner shall indemnity and hold the City harmless for any liability associated with the minor encroachments.
Data Owner signature:
131 «««< 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL(949)644-3311
The terms and conditions of this permit are printed on both sides of this form. Applicant hereby acknowledges that he has read
and understands said terms and conditions and that he agrees to abide by them.
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OWNERS OR AUTHORIZED AGENTS SIGNATURE (DATE)
14] * * * * * TREES WITHIN THE CITY'S RIGHT-OF-WAY * 'k * * *
NO TREES WITHIN THE CITY'S RIGHT-OF-WAY SHALL BE PLANTED, REMOVED OR RELOCATED WITHOUT PRIOR APPROVAL FROM
THE GENERAL SERVICES DEPARTMENT
SPACE BELOW THIS LINE FOR OFFICE USE
DEPARTMENT APPROVAL REQUIRED
DATE SIGNATURE - TITLE
PERMIT ISSUED Y: 4.
DATE ISSUED: EXPIRATION DATE OF PERMIT:
PERMIT DENIED:
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
111111111111111111111111111111111111111111111 NO FEE
20000557897 01:09pm 10118100
los 11 Al2 7
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
(EPN2000-367) j
THIS AGREEMENT is made and entered into this day
of 000, by and between Rebecca Tedder (hereinafter "OWNER"), and the City
of ewport 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 2406 Sierra Vista, Newport Beach,
California and legally described as Lot 11, Tract No. 1801, as shown on a map recorded in
Book 53, Page 7 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 a portion of an existing 6 -foot public
utility easement and 5 -foot storm drain easement serving Lot 11, Tract No. 1801 (also known
as 2406 Sierra Vista, Newport Beach, California) hereinafter "EASEMENT", as shown on a
map recorded in Book 53, Page 7 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, 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 construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
1
17)
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
6 -foot high wooden fence and appurtenances 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 on 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 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' written notice, with prior City Council approval, 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 as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, 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 all repairs.
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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:
(i) CITY shall reasonably 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, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later.
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. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. 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.
3
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.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By:
City Attorney
City Clerk
In
VNER:
By: !I!! -
City Man ger
/
'Rebecca -..-
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2000, before me,� /�,1-0-) , g= personally appeared
personally known to me (or proved to me on
the asis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that his/her/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for
(This area for official notarial seal)
DIANE B. PATTON
"< Commission R 1154978 z
Notary Public -California >
G.
- Orange County
My Comm. Eores Sep 11,2001
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
O 2000, before me, personally appeared
o�J-� , personally known to me (or 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 his/her/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(S) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
.. - DIANE B. PATfON
Commission # 1154978
Notary Public - California p
z ys
Orange County
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Requested Inspect Date: Tuesda , July 16, 2002
Assigned To:
Inspection Type: ENCROACH
Inspection Area: PW
Site Address:2406 SIERRA VISTA
A/P/D Information
Activity: N2000-0367 Type: ENCROACH Sub Type: NEW Status: APPROVED
Const Type: Occupancy: Phone: 949 631-5350 Insp Area: PW
Applicant: REBECCA TEDDER
Description: CONSTRUCT V HIGH FENCE
Reauested Inspectionls
Item: 10250 FINAL - PW Requested Time: 08:15 AM
Requestor: Shari - Close out Phone:
Comments: Final
EnteredBy: SROOKS K
Assigned : y
Action: Time Exp:
Inspector: Date: ����—n� Time:
Comments:
a
AM PM
REPT131 - __ - Run Id: 36B