HomeMy WebLinkAbout08/21/1972 Item #F-4i
T ' �-7 7S GC - August 14, 1972
TO: CITY COUNCIL AUG 911972
FROM: Public Works Department By the CirY COUNCIL
CZ
A.CH
SUBJECT: RESUBDIVISION N0: 314........:..
LOCATION: NORTHERLY SIDE OF WEST COAST HIGHWAY OPPOSITE THE SEA SCOUT BASE
SUBDIVIDER:. BALBOA BAY CLUB DEVELOPMENT CORPORATION
RECOMMENDATIONS:
Adopt a resolution authorizing the Mayor.and the City Clerk to
execute a license agreement providing for the possible future
construction of a retaining wall on private property adjacent
to, the public right -of -way.
Authorize the City Clerk to have the license agreement recorded
with the Orange County Recorder.
DISCUSSION:
The Planning Commission approved Resubdivision No. 314 on September 10,
1971, subject to two conditions of approval. The second condition of approval
stipulated "that the subdivider provide a permit or license on terms satisfactory to
the city for construction of a retaining wall adjacent to the northerly line of West
Coast Highway at.such time as the City may decide to construct such a wall."
In an effort to comply with this condition, a license agreement was
prepared by the City Attorney and has been executed by the Balboa Bay Club Development
Corporation. The agreement gives the City an irrevocable license to enter onto the
private property and to construct a retaining wall within a 10400t wide strip adjacent
to the northerly right =of =way line of West Coast Highway (see the attached exhibit).
The retaining wall may be required at some future date in-order to facilitate constuc-
tion of the remaining public improvements (curb and gutter, pavement widening, and
sidewalk) along the northerly side of .West Coast Highway.
The license agreement.permits the city to assign its rights thereunder.
Furthermore, the license agreement shall run with.the land and be binding on the
licensor +s successors in interest.
Execution of the license agreement by the Mayor and City Clerk, and the
subsequent recordation of the license agreement will permit the subdivider to record
the parcel map for Resubdivision No. 314. The subdivider will then have satisfied
both conditions of approval attached to the resubdivision.
eph Devlin
lic s.Director.
/bg
Att.
UKAWINU NO.
I
0
N
r �
kAl
Q,� Z Jl s p1e
17
�J SAGS /DN A
s�A« Uic %c/ /TY
NT.S,
L�
�c Ex�s
I
`✓f'y
y.. , ,.,..�...,. „ .:.
EKEs er”'
::.:.::..........
_ f
Co A,S T'
CITY OF
NEWPORT BEACH
DRAWN � � DATE
PUBLIC
WORKS
DEPARTMENT
APPROVED
PUBLIC WORKS DIRECTOR
/O � �Ort/S'T.e ;JG T � FUTUFC ��r{ L.L.
R.E. NO.
L
DRAWING NO. .
RESOLUTION NO. 7775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE BALBOA BAY CLUB DEVELOPMENT CORPORATION
FOR THE POSSIBLE FUTURE CONSTRUCTION OF A
RETAINING WALL ON PRIVATE PROPERTY ADJACENT TO
THE.PUBLIC'RIGHT -OF -WAY
WHEREAS, there has been presented to the City Council.
of the City of Newport Beach a certain contract between the City
of Newport Beach and the Balboa Bay Club Development Corporation
for the possible future construction of a retaining wall on
private property adjacent to the public right -of -way; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement for the construction
of the retaining wall above described is approved, and the Mayor
and City Clerk are hereby authorized and directed to execute the
same on behalf of the City of Newport Beach.
ADOPTED this 21st, day of Aug ust,.I972' -:
ATTEST;