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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: /P3 G- � 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 Y 0 M J J� Gt/ES�— n � U /C /.C/ /TY PO �00 �p r�� C0 Arc T y A CO ✓EeED BY 15icq "Z:k T ASE 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 /O C041,T 7-AC uG T / :i 7%6e4- /,ly G.L R.E. N0. DRAWING NO.