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Home My WebLink AboutI-10 - Triangle Subdivisions, Christian's Hut Propertyt CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER December 17, 1962 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: TRIANGLE SUBDIVISIONS, CHRISTIAN'S HUT PROPERTY Attached is the City Attorney's report on the deed of easement in front of this property, and also a report of the:st.aff's recommendations for provisions which might be considered in an agreement between the City and Triangle Subdivisions. Also included is a map showing U.S. pierhead line, U.S. bulkhead line, and location of easement. We have learned today that the Orange County Title. Company has accepted this description and that a letter so stating will be presented at the Council meeting this evening. Profiles and sections of the proposed building are also attached for Council consideration. If the Council is satisfied with the: conditions, it is recommended that the City Attorney be instructed to prepa-re.a contract with the landowner using the maps attached as -Exhibits "A" and "B". l�3 CITY OF NEWPORT BEACH To: City Manager From: City Attorney CITY ATTORNEY DEPARTMENT e�ber 17, 1962 r `/ X: Subject. Triangle.Subdivisions, Christian's Hut property ��`/- � r~ You have requested that.I examine the deed of easement under which!' the City has been -conveyed a sidewalk and utility easement over the property known as the Christian's Hut property. The easement in question was executed on October 39 1942, by the Newport Harbor/ Corporation and the pertinent provision reads as follows; �1 ry y,�a "Newport Harbor Corporation, a California corporation, does hereby grant to the City of Newport Beach, a municipal cor- poration, an easement for sidewalk and utility purposes over a strip of land situate in the City . .. . . . described as follows. . , . o" You will note that the grant is for an easement for sidewalk and utility purposes over a strip of land. It does not require the utilities to be underground as was indicated in the discussion before the City Council on Monday, December 10. That discussion referred to a 1939 document also executed by the Newport Harbor Corporation in favor of the City under which the City was conveyed an easement for sidewalk purposes and it further granted to the City the right to lay pipelines and other public utilities "when placed in conduit within the subsurface boundaries of the above easement". The 1942 easement appears to be the operative document. The language of the grant would seem to convey to the City an ease- ment fourteen feet wide for sidewalk and utility purposes on the land. This would authorize utility poles and lines above surface if reasonably necessary to make use of the easement, The rights not granted•to the City would remain with the landowner who is entitled to make any use of the land which does not interfere with the reasonable use of the easement by the City. The principle is. stated in 17 Cal. Jur. 2d 1.27, Sec. 23, as follows: "Where an easement is founded on a grant, only those inter- ests expressed in the grant. and necessary for its reasonable and proper enjoyment pass from the owner of the feed" The same principle has been stated by the Supreme Court with respect. to pipeline easements as follows: • To: City Manager -2- December 17, 1962 "Where the easement is founded upon a grant,.as here, -only those interests expressed in the grant and those necessarily incident thereto pass from the owner of the fee. The general rule is clearly established that, despite the granting of an easement, the owner of the servient tenement may make any use of the land that does not interfere -unreasonably with the easement," Pasadena v. California -Michigan, etc. Co. (1941), 17 Cal. (2) 576, 7 F It would appear that the construction of a building over the easement at a height of thirteen feet would interfere with the use of the -utility easement if overhead poles and wires were contemplated. How- ever, it -would be possible for the City to approve such overhead construction and to impose reasonable conditions or enter into a written contract with the landowner in which the authorization to build over the easement would be granted and the'bbligations to be assumed by the landowner would be set out, 'In our review, we con- sidered the following provisions which may be considered for such contract: LA 1. The landowner should pay any extra cost of putting utilities underground or:repairing or replacing underground utilities in the future. 2. The landowner should rebuild the sidewalk on -the easement. 3. Any street ight'onduit should be relocated in con- nection with t e construction. __- 4. No doors, windows or other appurtenances should open over or encroach upon the walkway easement. �6y 5. The landowner should indemnify and hold the City rmless from liability for injury arising from public use f the walkway easement . - ��. 6. The minimum height of the encroachment should be A.-�- 3, feet above a defined4 plane. sho7. A specified open space northerly of the easement uld be maintained. We considered, for example, that the j construction northerly of the easement may be limited to eight columns not exceeding 24 inches in diameter. � x-j 8,. The walkway easement in the area where the building etends over it should be continuquslilluminated by the V�'sr-` landowner. y r � r To: City Manager _3_ • December 17, 1962 '9. An exhibit should be attached to the contract de- picting the limitations of the encroachment. 10., The authorization to build over the easement may be conditioned upon the completion of a designated project within a stated period of time. 1 In addition, we should consider the merits of relocating the ease-- �� meat or revising its terms to acc mmodate the needs of the property - owner, the City and the public. WWCmec Walter W. Cha City Attorney See file. for Plot Plan AGENDA ITEM CITY OF NEWPORT BEACH I-1a OFFICE .OF THE CITY MANAGER December 14, 1962 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: REPORT ON TRIANGLE SUBDIVISIONS REQUEST TO ENCROACH ON PUBLIC EASEMENT (CHRISTIAN'S HUT) The City Attorney, Public Works Director, and City Manager met with the engineer and architect today to refine the information needed by the Council for consideration at Monday night's meeting. Because of title problems and the time involved in preparing the neces- sary drawings, it is not possible. to include the report in the package today. The report will be submitted to the Council prior to the meeting Monday evening. PF 1E "I W ••: ••• t i i SUBDIVISIONS Builders and Developers 13535 VENTURA BOULEVARD • SHERMAN OAKS, CALIFORNIA December 3, 1962 City Clerk City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Gentlemen: TELEPHONE: STATE 3-8128 IFEcE WY CLEM DEC 4 - 1962 s CITY OF NEWPORT BEACH, rr CALIF. A }w13, ,� Re: Caribe Balboa The enclosed sketch is submitted for your consideration, and approval. Regarding the proposed development of Lot 11 Tract 1080, in the City of Newport, it has become desirable to bridge over a public easement which now serves as a pedestrian walkway. We do not wish to violate or alter the function of this walkway in any manner; we pr op os e l however 3 to span the easement with suitable clearances as indicated on the enclosed sketch,.taking precautions -not to obscure the view of the pedestrian. This plan has been discussed in detail with Mr. Devlin of the Department of Public Works through the planning and development stages of this project, and we have received a letter indicating that his office has no objection to the plans. However, he has requested that we submit this matter for your approval. "We trust that you will find -no objection to our plans. We feel that the luxury apartments that are proposed will enhance the prevailing qualities of the resort community, Very truly yours, TRIANGLE SUBDIVISIONS Sidney Kibrick SK : mr Encl V' i