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HomeMy WebLinkAbout08 - EPN2002-0034 for Private Improvements - 3631 Ocean BoulevardApril 23, 2002 CITY COUNCIL AGENDA ITEM NO. s 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 3631 OCEAN BOULEVARD, CORONA DEL MAR (N2002 -0034) OWNER: DOUGLAS W. JACKSON 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: Fong, Hart, Schneider & Partners is the architectural firm representing the owner of the property located at 3631 Ocean Boulevard in Corona del Mar. They have requested permission to reconstruct and enlarge the existing front entry/patio. The proposed improvements are as follows: • Grouted limestone tiles over a concrete base patio • Lighted concrete steps with sandblast finish • Three terraced concrete planter areas • Additional planter areas with stainless steel railings and lights • A sawcut pattern concrete driveway with sandblast finish and cantilevered planters with lights The proposed improvements will encroach between 51'/2 feet to 571/2 feet from the existing curb face within the Ocean Boulevard right -of -way (see attached letter and SUBJECT., Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard Public Right -of -Way Adjacent to 3631 Ocean Boulevard, Corona del Mar (N2002 -0034) April 23, 2002 Page 2 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 adjacent residents and/or properties on the other side of Ocean Boulevard. The proposed landscaping will be approved with a conditioned height restriction to the views of other residents and pedestrians along the street and sidewalk of Ocean Boulevard. The proposed encroachments within the Ocean Boulevard right -of -way are similar in nature to other existing encroachments along the ocean side of Ocean Boulevard. On August 23 and September 13, 1999, City Council approved similar requests for the adjacent neighbors at 3619, 3601, and 3611 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, low- voltage lighting, 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 maintained by the owner and approved by the General Services Department with a maximum height restriction. The Encroachment Agreement (see attached) would 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 -way. Respectfully,-§u bmitted, lam' /���- \� PUBL C WORKS DEPARTMENT Stephen G. Badum, Director By: eafk� Patrick Arciniega Project Engineer Attachments: Letter dated February 28, 2002 Photos Encroachment Agreement RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2002 -034) THIS AGREEMENT is made and entered into this day of , 2002, by and between Douglas W. Jackson (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 3631 Ocean Blvd., Newport Beach, California 92625 and legally described as a portion of Block "A ", Corona del Mar Tract, as shown on a map recorded in Book 3, Pages 41 -42, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California. WITNESSETH: WHEREAS, OWNER desires to construct certain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the Ocean Blvd. right -of -way (hereinafter "RIGHT -OF- WAY ") that is located adjacent to, Block "A", Corona del Mar Tract, as shown on a map recorded in Book 3, Page 41 -42, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 3631 Ocean Blvd., Newport Beach, 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 1 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, 24" X 24" limestone paver patio, with concrete sandblast finished terraced planters and retaining wall, sawcut - pattern concrete driveway, low- voltage lighting, landscaping and appurtenances in the Ocean Blvd. right -of -way as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approved by the Public Works Department and shall be 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. 2. 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 therefore 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 2 doing so. 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. 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 all or 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, replacement, 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, replacement, 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 and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, 3 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 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 CITY OF NEWPORT BEACH, a Municipal corporation 92 OWNER: 4 City Manager Douglas W. Jackson STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On , 2002, 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) On , 2002, 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) F: \USERS \PBW\Shared\ENCROACH \ROW Agreements\2002\2002 -034 Ocean Blvd.doc 5 ........ ........ ........ ...... Ln I L NICO2 - 0034 I t A L---------- - 1 Lohrbach February 28, 2002 Public Works Department City of Newport Beach Re: Enchroachment Permit Jackson Residence 3631 Ocean Blvd. RE 10E VED MAR 0 8 2002 Public PAZaol —O(e2 Iy2o02- 003 In order to assist you with your analysis of our proposal for construction in the right -of- way of Ocean Blvd., we would like to point out that virtually every property along this stretch of the street has significant development in the right -of -way. These improvements consist of driveways, substantial steps and patio /entry areas. They primarily the result of the requirement of having the top of the house not exceed the top of curb height, which forces the construction of steep driveways and elaborate steps. It also requires significant excavation in order to have any yard/patio /entry space in the front of the house. The City has allowed this because of the significant trade -off of preserving views for the properties on the inland side of Ocean Blvd. We are simply asking to continue this practice that benefits the community by preserving both public and private views. We have enclosed pictures of the development in the right -of -way for the use of the adjacent homes. It is difficult to capture the scale of the construction because they are downhill from the street, which diminishes the visual scale of their hardscape and will also diminish the scale of our proposal when completed. If we can be of any assistance to help clarify anything regarding the plans, please don't hesitate to call me at 949 - 291 -6579. Sincerely, William Peters 31681 Camino Capistrano Suite 106 San Juan Capistrano, CA 92675 Tel: 949.661.5068 Fax: 949.240.3851 ' Jy Y . 1 °W h♦ y' • � �;.; � �� 4" �_ dy �iYl �- s {� i ! 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