HomeMy WebLinkAbout10 - EP 99-475 - 3709 Ocean Boulevard Encroachment Agreementi
January 11, 2000
CITY COUNCIL AGENDA
ITEM NO. io
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC
RIGHT -OF -WAY ADJACENT TO 3709 OCEAN BOULEVARD, CORONA
DEL MAR (EP99 -475)
OWNER: Gary Feldman
RECOMMENDATION:
Approve the application subject to:
Execution of an Encroachment Agreement for non- standard improvements.
a. Authorize 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 & Associates, Inc., the architectural firm representing the owner, Mr.
Feldman. They are requesting permission to reconstruct and improve the existing front
entry and landscaping at 3709 Ocean Boulevard in Corona del Mar. The proposed
improvements include a concrete stairway with lighting, steel /concrete entry way with
36" high glass railing, grouted pavers /sandblast- finished driveway and approach, raised
block wall planters, and landscaping in the front yard. The proposed improvements will
encroach from 6.6' to 47.9' from the existing curb face within the Ocean Boulevard
right -of -way (see attached letter and photos). The house is designed with the main and
garage entrances off Ocean Boulevard.
The proposed encroachments within the Ocean Boulevard right -of -way will be below
curb level and will not obstruct the view of the adjacent residents and /or properties on
the opposite side of Ocean Boulevard. In addition, the lighting shall be low voltage.
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 3709 OCEAN BOULEVARD,
CORONA DEL MAR (EP99 -475)
January 11, 2000
Page 2
The proposed landscaping will be approved with height restriction conditions that will:
• Improve sight distance for vehicle and pedestrian traffic adjacent to the driveway
and public sidewalk
• Protect views of the adjacent residents and non - residents along the street and
sidewalk of Ocean Boulevard
• Protect views of properties on the opposite side of Ocean Boulevard
The proposed encroachments within the Ocean Boulevard right -of -way are similar in
nature to 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,
walls, stairs, etc., in public easements or rights -of -way. An Encroachment Agreement
would allow construction of the driveway, wall, patio, planter, 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 would be approved by the General Services
Department with a maximum height restriction and maintained by the owner. The
attached Encroachment Agreement includes a hold harmless clause indemnifying the
City of Newport Beach against any liability connected with the proposed and existing
encroachments in the Ocean Boulevard right -of -way.
Respectfully sQbrtted,
Q W
PUBLIC WORKS DEPARTMENT
Don Webb, Director
13
Gilbert Wong
Associate Civil Engineer
Attachments: Letter dated December 14, 1999
Photos
Encroachment Agreement
0
f:\usem\pbvAshared \council \fy99- 00\january- llbcean ep99- 475.doc
rionfS Jeannette & Associates, Inc.
ARCHITECTURE
December 14, 1999
Gill Wong /Public Works
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
Feldman Residence: 3709 Ocean Blvd.
Dear Gill,
We are proposing an encroachment permit to improve the existing city property
landscape and hardscape features. The proposed plan features an enlarged patio, a
revised bridge design to the entry and some new planting. We are also proposing to re-
surface existing block wall planters. The new planting will consist of five new trees and
new ground cover surrounding the existing rose bushes. The above elements should
make the city property more aesthetically pleasing for the owner, neighbors and those
using the public right of way.
We have noted the types of plant materials and trees to be installed. We have tried to
select plant materials that will blend with the existing neighborhood landscaping.
The property owner has agreed to maintain the new landscaping in a manner consistent
with city standards. No tree or landscape element shall exceed the height of the curb on
Ocean Blvd.
We have included some photos for your review. Please feel free to call if you have any
questions regarding this submittal.
Sincerely,
Brion S. Jeanne e
Architect, AIA
ENERGY EFFICIENT ARCHITECTURE
® 470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983
Members AIA & NCARB
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6'rion:--S-'.-.Jeannefte & Associates, Inc.
ARCHITECTURE
OCEAN BLVD NEIGHBOR FRONT EASEMENT IMPROVEMENTS
ENERGY EFFICIENT ARCHITECTURE
470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983
Members AAA & NCARB
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 -475)
THIS AGREEMENT is made and entered into this day of
2000, by and between Gary Feldman (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 3709 Ocean Boulevard, Newport Beach, California and legally
described as a portion of Block "A ", Corona Del Mar Tract, (hereinafter ( "SUBJECT
PROPERTY ") 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 and existing non - standard improvements (hereinafter "PERMITTED
IMPROVEMENTS ") within the Ocean Boulevard right -of -way (hereinafter "RIGHT -OF- WAY ")
serving of a portion of Block "A ", Corona Del Mar Tract, 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; 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;
0 NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1
A
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
concrete stairway with low voltage lighting, steel /concrete entry way with 36" high glass railing,
grouted pavers /sandblast finished driveway and approach, raised block wall planters, and
landscaping, and appurtenances in the Ocean Boulevard right -of -way 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.
4. OWNER and CITY further agree as follows: 0
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. 0
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.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
,f-
4
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
Mayor
OWNER:
By:
Gary Feldman
•
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2000, before me,
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.
Notary Public in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 2000, before me,
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.
Notary Public in and for said State
(This area for official notarial seal)
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