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HomeMy WebLinkAbout13 - EP 99-257 Right-of-Way Adjacent to 3619 Ocean BlvdAugust 23, 1999 CITY COUNCIL AGENDA ITEM NO. 13 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 3619 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -257) OWNERS: Peter and Dotty Spataro RECOMMENDATIONS: Approve the application subject to: 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. 4. The Building Department, Fire Department, General Services Department, and Public Works Department shall approve all improvements. DISCUSSION: Brion S. Jeannette and Associates, Inc., representing the owners of the property located at 3619 Ocean Boulevard in Corona del Mar, has requested that they be permitted to extend /widen an existing private /common driveway and construct non- standard improvements. The proposed improvements will be a grouted "Flagstone" driveway, a 16' to 24' high colored concrete retaining wall with " "Faux" concrete rocks/landscaping on face of wall and 3' high railing on top of wall, trash enclosure, stone entrance way, drainage system, automatic entry gate with stone pilasters, and landscaping within the 12' to 58' right -of -way between the existing curb and property line (see attached letters, photos, and exhibit). The house is designed with the main and garage entrances off Ocean Boulevard per a private common driveway. SUBJECT: Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard Public Right -of -Way Adjacent to 3619 Ocean Boulevard, Corona Del Mar (EP 99 -257) August 23, 1999 Page: 2 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. The proposed landscaping will be approved with a Is conditioned height restriction to protect any views of the residents /non - residents along the street/sidewalk of Ocean Boulevard, adjacent residents, and properties on the other side of Ocean Boulevard. The proposed encroachments will require relocation of an existing sewer main along with a new sewer easement through a Public Works Department encroachment permit at the owner's expense. The proposed encroachments within the Ocean Boulevard right -of -way are similar in nature: (with the exception of the 16' to 24' high retaining wall with 3' high railing and automatic entry gate) to other existing encroachments along the ocean side of Ocean Boulevard. The retaining wall will be constructed with concrete caissons and tie backs (anchors) for stability. In addition, the retaining wall will be landscaped and the railing will opened in nature to help soften the appearance the massive wall. The automatic entry gate must allow 24 hours access for Public Works Department to maintain the existing sewer main. The proposed driveway extension is necessary to provide access to the property. The adjacent properties (3601 and 3611 Ocean Boulevard) sharing the common driveway off Ocean Boulevard also support the widening and are planning to widen their portion of the common driveway in the future to improve access. 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. An encroachment agreement will allow construction of the driveway, stairway, wall, gate, 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 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. P BeLIC WORKS DEPARTMENT Richard M. Edmonston, Acting Director By�f1�1- r Gilbert Wong Associate Engineer Attachments: Letters dated June 18, 1999, and June 22, 1999, Encroachment Agreement, Exhibit, and Photos F:\ USERS\ PBW \SHARED\COUNCIl1FY99-0OWugust23, 1999 \SPATAROEP99- 257CDM 08/11/1999 15:28 9494941022 1" une Is. 1999 0 City of Newport Beach Community and Economic Development Public Works Department 3300 Newport Blvd Newport Beach, Ca 92658 LANCE POLSTER ASSOC PAR was RE: Ocean Blvd. Access Road Widening at Lots 13, 14.&15 of Tract 1257. To Whom It May Concern: PAGE 02 We. the aforementioned property owners, agree to the submittal of plans to the City of Newport Beach for the purpose of obtaining an encroachment permit. Any further submittals required by the City of Newport Beach will require adaitional letters of agrecment by the property owners for each submittal. Wear- currently preparing a feasibility study to determine the cost of the access road widening and will commit only to the submittal of plans at this time. Thar:k you. D. Diane .Anderson Lot 14 891 topuno Conyon Rood a taavoo Bench, CA 92651 M: 714.494.7313 • Fox! 714.494.8063 E•moil: mknprfn4ix.nefcom.can ED Brion S. Jeannette & Assod June 22, 1999 Inc. ARCHITECTURE REQUEST FOR ENCROACHMENT PERMIT Mr. Dick Hofstadt Mr. Gill Wong Public Works Dept. City of Newport Beads 3300 Newport Blvd. Newport Beach, CA 92659 Re: Spataro Residence 3619 Ocean Blvd., Corona del Mar, CA Dear Sirs: We are building a new home on a vacant site on Ocean Blvd and there are residences on both adjacent properties. Many of the homes on Ocean have required Encroachment Permits to access their homes from Ocean Blvd. There presently exists a private drive access, we are requesting approval for that access and it's improvements to extend to this site as depicted on the accompanying plans. The proposed retaining wall and driveway at 3619 Ocean Blvd. will not have any adverse effects to the community nor cause any view impacts from surrounding neighbors. Please see the items listed below which support our claim: • The retaining wall will be hidden from Ocean Blvd with a pleasant landscaped ground covering to minimize the visual impact. • The retaining wall will be built below the pedestrian sidewalk and does not create any hazards. If any damage occurs to the sidewalk, it will be replaced. • The retaining wall will not be visible from Ocean Blvd. • The driveway widening will allow easier access for everyone concerned. • The proposed development will not block views of any neighbors above. • Owner of said property shall be solely responsible for maintaining all proposed improvements. No landscape element shall be allowed to grow beyond zoning limitations. All landscape will be kept low profile. • All proposed plant materials are identified on the landscape plans. • All improvements to this site will have a positive aspect on the community. ENERGY EFFICIENT ARCHITECTURE ® 470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983 An,,,.,,,,,,,. Ain n Nrnnn 11 0 • Mr. Dick Hofstadt Mr. Gil Wong June 22,1999 Page 2 We hope you will take these positive items into consideration when reviewing this request for the Encroachment Permit. If you have any further questions or concerns, please feel free to give me a call. inc erely, non S. Jean Architect, Al Brion S. Jeannette & Associates, Inc. ARCHITECTURE RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk 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 -257) THIS AGREEMENT is made and entered into this day of _ , 1999, by and between Peter Spataro and Dotty Spataro (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 3619 Ocean Boulevard, Newport Beach, California and legally described as lot 15, Tract 1257, (hereinafter ( "SUBJECT PROPERTY ") as shown on a map recorded in Book 38, Page 25 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; W ITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non - standard • improvements and existing non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the proposed 10' sewer easement and Ocean Boulevard right -of- way (hereinafter "RIGHT -OF- WAY ") serving of lot 15, Tract 1257, as shown on a map recorded in Book 38, Page 25, 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 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 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a grouted "Flagstone" driveway, 16' to 24' high colored concrete retaining with '"'Faux" concrete rocks /landscaping on face of wall and 3' high railing on top of wall, 'Tumble Cobble" stone entrance way, drainage system, automatic entry gate with stone pilasters, low voltage lighting, landscaping, and appurtenances in the Ocean Boulevard right -of -away and in the 10' sewer easement 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 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. 0 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. In addition, any new and existing trees, shrubs, and landscaping that are on the adjacent City property shall be maintained below the existing top of curb elevation at all times. 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 repairs. 2 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, 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 with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 7. OWNER shall 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 ". 3 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. CJ APPROVED AS TO FORM: A ATTEST: City Attorney Clerk El CITY OF NEWPORT BEACH, a Municipal corporation In OWNER: In 0 Mayor Peter Spataro Dotty Spataro STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On , 1999, before personally appeared _, 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 he /she /they has 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 behallf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On (This area for official notarial seal) 1999, before personally appeared _, 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 he /she /they has 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 person acted, executed the instrument. WITNESS my hand and official seal. 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