HomeMy WebLinkAbout07/10/1972 Item #G-6J U L 10 1972
By fhe CITY COUNCIL
TO: CITY COUNCIL CITY qW ""s"°R"""'t RMACH
FROM:. Public Works Department
SUBJECT: RESUBDIVISION NO. 314
July 10, 1972
LOCATION: NORTHERLY SIDE OF WEST COAST HIGHWAY OPPOSITE THE SEA SCOUT BASE
SUBDIVIDER: BALBOA BAY CLUB DEVELOPMENT CORPORATION
RECOMMENDATIONS:
DISCUSSION:
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1. 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.
2. Authorize the City Clerk to have the license agreement recorded
with the Orange County Recorder.
The Planning Commission approved Resubdivision No. 394 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 10 -foot 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 construc-
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
bo h conditions of approval attached to the resubdivision.
e- /� i0s,
eph T. Devlin.
Public Works Director
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A CO ✓EeED BY
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CITY OF NEWPORT BEACH DRAWN e!'SEC5,41 DATE -Z: 5 -72
PUBLIC WORKS DEPARTMENT APPROVED
X%� /8/% FOe /CE/L�SE PUBLIC WORKS DIRECTOR
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DRAWING NO.