HomeMy WebLinkAbout12/09/1991 Item #F-11December 9, 1991
CITY COUNCIL AGENDA
ITEM NO. F-11
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION OF A GUARD
HOUSE AND LANDSCAPED PLANTER MEDIAN WITHIN
TICONDEROGA STREET, A PRIVATE STREET AND PUBLIC
UTILITY EASEMENT LOCATED WESTERLY OF SUPERIOR
AVENUE, NEWPORT CREST HOMEOWNERS' ASSOCIATION
OWNER: Newport Crest Homeowners' Association
RECOMMENDATIONS:
1. If desires, approve the application subject to:
a. Execution of an Encroachment Agreement for
construction of private improvements within
the Ticonderoga Street public utility
easement.
(1) Authorize the Mayor and City Clerk to
execute the Agreement.
(2) Authorize and direct the City Clerk to
have the agreement recorded with the
Orange County Recorder.
b. An Encroachment Permit from the Public Works
Department.
DISCUSSION:
The Newport Crest Homeowners' Association has requested
that they be permitted to construct private improvements within the
Ticonderoga Street Public Utility Easement. Ticonderoga Street is
a private street with a public utility easement located within the
street right-of-way.
The encroachments to be located within the Ticonderoga
Street public utility easement will include a guard house and a
landscaped median island as shown on Exhibit "A".
The encroachments have been reviewed by the Public Works
Department and Utilities Department to determine their impact on
the existing 12" diameter water main located within the easement.
APP
ROVED BY cs COUNCIL
Council Policy L-6, "Private Encroachment in the Public
Right -of -Way", requires the prior approval of City Council for
private structural improvements such as guard houses, raised
planters, etc., in public easements or rights-of-way.
The encroachment agreement permits construction of non-
standard improvements within the public utility easement as
approved by the Public Works Department, requires the property
owner to maintain the private encroachments, and holds the City
harmless from all liability caused from the existence of the
private encroachments.
An exhibit is attached for reference.
Benjamin B. Nolan
Public Works Director
E-N-CRST
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