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HomeMy WebLinkAbout12 - EP99-67 - Ocean Boulevardr 1 LJ April 26, 1999 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3729 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -67) OWNERS: Charles B. and Barbara V. Slack RECOMMENDATIONS: Approve the application subject to: 1. Execution of an Encroachment Agreement for non - standard improvements. a. Authorize the Mayor and City Clerk to execute the Agreement. b. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. 2. An Encroachment Permit issued by the Public Works Department. 3. A Building Permit issued by the Building Department. DISCUSSION: Brion S. Jeannette and Associates, Inc., representing the owners of the property located at 3729 Ocean Boulevard in Corona del Mar, has requested that they be permitted to replace the existing non - standard improvements with similar improvements. The proposed improvements will be a colored concrete driveway and walkway, "Beaumanniere Limestone" entry stairway and walkway, "Santa Rita Ledgestone" veneer walls and planters, drainage system with a sump pump discharge line to the existing City's catch basin, and landscape improvements within the 47.60' to 64' right -of -way between the existing curb and property line (see attached letter, photos, and exhibit). The house is designed with the main and garage entrances off Ocean Boulevard. • The majority of the proposed encroachments within the Ocean Boulevard right -of -way will be below curb level and will not obstruct the view of adjacent residents and/or properties on the other side of Ocean Boulevard and Poppy Avenue. The proposed SUBJECT: Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard Public Right -of -Way Adjacent to 3729 Ocean Boulevard. Corona Del Mar (EP 99 -67)\ April 26. 1999 Page: 2 landscaping will be approved with a conditioned height restriction to protect any views of the residents /non- residents along the street/sidewalk of Ocean Boulevard /Poppy Avenue, adjacent residents, and properties on the other side of Ocean Boulevard /Poppy Avenue. The proposed encroachments and existing encroachments within the Ocean Boulevard right -of -way are similar in nature to other existing encroachments along the ocean side of Ocean Boulevard. Council Policy L -6, "Private Encroachments in the Public Right -of- Way ", requires the prior approval of City Council for private structural improvements such as planters, stairs, etc., in public easements or rights -of -way. The encroachment agreement will allow construction of the driveway, stairway, walkway, planters, drainage system, and landscape improvements in the right -of -way as approved by the Public Works Department and require the property owner to maintain the proposed and existing encroachments. Proposed trees and landscaping shall be maintained by the owner and approved by General Services with a maximum height restriction. The Encroachment Agreement will include a hold harmless clause indemnifying the City of Newport Beach against any liability of any manner connected with the proposed and existing encroachments in the Ocean Boulevard right -of -away. Respectfully submitted, Js dam ,1c- PUBLIC WORKS DEPARTMENT . Don Webb, Director By: ,�4 . //.,ate &J .ill Gilbert Wong Associate Engineer Attachments: Letter dated April 7, 1999 Encroachment Agreement Photos r f:\users\pbw\sharedkeouncilkfy98-99\apdl-26\slackep99-67odm.doc • r1 U Brion S. Jeannette & Associ April 7, 1999 LETTER OF REQUEST Mr. Dick Hofstadt Mr. Gill Wong Public Works Dept. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659 Re: Slack Residence 3729 Ocean Blvd., Corona del Mar, CA Encroachment Permit #99 -067 Dear Sirs: Inc. ARCHITECTURE Concerning the above residence at 3729 Ocean Blvd., Corona del Mar the following applies: • All improvements to this property for the encroachment permit will be similar to others on Ocean Blvd. • Proposed development creates no hazards for pedestrians. • Proposed development shall not block views of any neighbors. Owner of said property shall be solely responsible for maintaining all proposed improvements. No landscape element shall be allowed to grow beyond approved house roof height. See landscape plans. • All proposed plant materials are identified on the landscape plans. If you have any further questions or concerns, please feel free to give me a call. Robert Williams Architect, AIA BSJ /kh ENERGY EFFICIENT ARCHITECTURE ® 470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983 Members AIA & NCARB 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 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP99 -067) THIS AGREEMENT is made and entered into this day of 1999, by and between Charles B. Slack and Barbara V. Slack (hereinafter "OWNER "), and the City of Newport 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 3729 Ocean Boulevard, Newport Beach, California and legally described as portion of Block "A ", Map of Corona Del Mar, as shown on a map recorded in Book 3, Pages 41 and 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS. OWNER desires to construct and maintain certain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the Ocean Boulevard right -of -way (hereinafter "RIGHT -OF- WAY ") that is located adjacent to 3729 Ocean Boulevard, Newport Beach, California; 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 execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct 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 colored concrete driveway /walkway, "Beaumanniere Limestone" entry stairway /walkway, FI u 0 "Santa Rita Ledgestone" veneer walls /planters, drainage system with a sump pump discharge line, low voltage lighting, landscaping, and appurtenances in the Ocean Boulevard right -of- away 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 shown on the "As Built" plans. r� 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, 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' notice, 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 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. Any landscaping that is within the Ocean Boulevard right -of -way shall be low growing and be maintained at all times to permit a view down to the beach and white water area where possible. The landscape plan shall be reviewed and approved by the Public Works Department and the General Services Department. In addition, no landscaping shall obstruct view to the adjacent residents, residents across Ocean Boulevard /Poppy Avenue, and residents /non- residents along the street/sidewalk of Ocean Boulevard. 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. Oa 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. 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 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 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) days' 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 be entitled to reasonable attorneys fees and costs incurred. 6. OWNER shall defend, indemnity 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 shah accept the fact that surface drainage water may enter onto the "SUBJECT PROPERTY" from "RIGHT -OF -WAY" located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether • naturally or as a result of the development or improvement of the "RIGHT -OF- WAY ". 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the "SUBJECT PROPERTY ". OWNER shall defend, indemnify, waive, 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 to surface drainage water entering the "SUBJECT PROPERTY" from the "RIGHT -OF- WAY ". 9. 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: By: City Attorney ATTEST: OWNER: By: City Clerk By. 4 Mayor Charles B. Slack Barbara V. Slack v\ I. ✓I It ✓V I I✓N 4 -V /V✓ lO 1lb . CATCI RASIN. 12' SQUARE. NOS 1212 DR E(YAL 2 INSTL. 6' DIA. PUIMER DRAM. NDS E0 OR VML . I I16TL. 4' DIA. DID( DRAIN. NDE 9208, OR EQLXL 4 INSM, 6' WIDE STRIP ORATE DRAIN. TRAFFIC RATED. URD.R21 ACCESSORIES OR WD 5 nem, 1' WIDE STRIP [FATE DRAIN. URBAN ACMSSDAIIS OR EXIAL 6 INSTL. 4' DIA. DRAIN PIPE SOR 35. PVC 7 INSEL: 6" DM DRAIN PIPE SDR 75. PVC O OXW. TDIP. EROSION mNTWL'. SILTATION FENCIW, R TOT OF SLOPE. 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Runoff from landscaped areas shall be collected in a separate 4- PVC Ine running parallel to line collecting runoff from roof doom spouts and mchilectursl decks. S. All landscape paving areas ermapt driveway shall slops 1%% (one and one halt percent) b drain. Direction of slope Is sham on plans. Symbol Description 4— Directional flow Imps ® V ANUm grale NDS 078 (round area drain cover) 0 7 Atrium grele NDS 0270 /X\ s \ \ / FS 65.21 FS 83118 FS 81.75 O FS 81 82 81.8 FS 80.67 F FS 5.3_\ 1112% A-A ( _ w 86.24 F581.70- Z ua% P i v I I I g i Io 86.451 I .0 v FS 56,00_ TW 82.20 r� V 0 0 0 T 0 T of w A W m Q K n if -�, a J R I w m O ti m 4A Vim Z e V s ... •` T �j� ...