HomeMy WebLinkAboutC-2296 - License Agreement ( for Non-Standard Street Improvements for 328 Catalina Avenue)bona ft"ft MKON D,
GOV00"M Code 6103
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3657Av�
� � 1981
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach F-1§2
ECO�ttlED�N�Ff.ICMtRE
3300 Newport Boulevard
EXEMPT SPT
OF ECOUXTY.C41FORRIA
Newport Beach, Ca. 92663 PM T,$ ,81
LICENSE AGREEMENT
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THIS AGREEMENT, made and entered into this day
of1981, by and between the City of Newport Beach, a
Municipal Corporation, heeinafter referred to as "City", and
Michael T. Fricke, hereinafter referred to as "Owner", is made
with reference to the following facts:
A. City controls a certain public street right-of-way
(hereinafter "easement") located in the City of Newport Beach,
County of Orange, State of California, which easement is known as
La Jolla Drive.
B. Owner owns certain real property contiguous to the
easement and located at 328 Catalina Avenue in the City of
Newport Beach, County of Orange, State of California, which real
property extends from La Jolla Drive to Catalina Avenue and is
more particularly described as Lot 6, Tract 444 as shown on a map
filed in Book 19, page 29, of Miscellaneous Maps, Records of
Orange County, California.
C. Owner is desirous of constructing certain non-
standard street improvements and structural encroachments,
hereinafter "improvements", which improvements include a stairway
at grade; a combination bridge and driveway approach with 42 -
inch high safety rails of open construction; and retaining walls
which are pertinent to the stairway and bridge construction,
which improvements are described on the site plan and drawing
which is attached to this Agreement as Exhibit "A" and
incorporated herein by reference.
BK 1 4272PG 1 000
D. Each of the improvements are to be constructed, in
whole or in part, within the easement, but outside of the
travelled way along La Jolla Drive.
E. Owner has submitted a report prepared by an
engineering geologist, which report indicates the proposed
construction as structurally sound and that the design of the
improvements is in accordance with currently accepted engineering
and geological standards.
F. City desires to condition its approval of the con-
struction of the improvements as set forth in Exhibit "A"' and
the parties agree that an Agreement providing for the fulfillment
of these conditions, imposed by City on Owner, is appropriate to
guarantee performance of those conditions.
NOW, THEREFORE, in consideration of the mutual promises,
the parties hereto agree as follows:
1. RIGHTS OF OWNER
City hereby grants to Owner the right to construct,
reconstruct, install, maintain, use, operate, repair and replace
the improvements, all in substantial conformance with plans and
specifications therefor on file in the Public Works Department of
the City of Newport Beach, in, over and across that certain ease-
ment described in paragraph A above.
2. OWNER'S DUTIES
Owner shall properly and regularly maintain the
improvements and shall timely pay all costs and expenses incurred
during said maintenance. In the event that owner fails to
properly and/or regularly maintain the improvements, and, in
addition to the other rights and remedies that City may have
pursuant to this Agreement or pursuant to the laws of the State
of California, City may, at its option, remove the improvements
or assume the maintenance of the improvements, and Owner agrees
to pay all costs incurred by City in removing or maintaining said
improvements, should City assume its right to do so, pursuant to
this paragraph.
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3. TERM OF THE AGREEMENT
Rights granted under this Agreement shall terminate
twenty (20) years from the date of this Agreement unless earlier
terminated as provided herein. In the event that City desires to
use the easement for street or public purposes, City may ter-
minate this Agreement by giving sixty (60) days' notice of its
intention to so do, specifying in said notice the date of
termination. City shall incur no liability whatsoever in the
event of any early termination of this Agreement and the conse-
quent removal of improvements by the City.
4. REPAIRS
City has the right to make such repairs to the
improvements as it deems necessary for the protection of the
general public, health, safety and welfare. Ancillary to the
right to make such repairs, Owner hereby grants to City the right
of entry onto the property of Owner as is necessary for City to
make repairs as provided herein, or to remove improvements in the
event of an early termination of this Agreement, because of the
need of the City to use said easement for street or public
purposes.
5. INDEMNIFICATION
Owner agrees to indemnify and defend City and its
officers and employees, against and hold City, its officers and
employees harmless from, any and all demands, claims, .losses or
liability that arises out of or is in any way related to, the
construction, use, maintenance or repair of said improvements.
6. BREACH
In the event either party breaches any material
provision of this Agreement, the other party, at its option, may,
in addition to other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is Owner,
City may enter upon the easement and remove all or part of the
3
8K 1 4272p 1008
improvements installed by Owner pursuant to this Agreement.
Termination because of breach shall be upon a minimum of ten (10)
days' Notice, with the Notice specifying the date of
termination.
7. SEVERABILITY
The provisions of this Agreement are independent
and severable and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provision
hereof.
8. RECORDATION
Each of the parties hereto specifically consents to
the recordation of this Agreement in the Office of the County
Recorder in and for the County of Orange, State of California,
and all the covenants, restrictions and charges hereunder and all
their benefits and burdens shall run with the land, pursuant to
Section 1468 of the Civil Code of the State of California.
9. ASSIGNMENT
The terms and conditions of this Agreement shall be
binding upon the successors and assigns of Owner and shall also
be binding upon owners who take title to the property by reason
of foreclosure, trustee's sale or otherwise.
10. NOTICE
When notice is to be given pursuant to this Agree-
ment, it shall be addressed as follows:
City
City of Newport Beach
Office of the City Attorney
3300 Newport Blvd.,
Newport Beach, Ca. 92663
Owner
Michael T. Fricke
328 Catalina Drive
Newport Beach, Ca. 92663
rI
9K 14 2 7 2 PG 10 0
Notice shall be deemed given as of the date of mailing
and notice shall be addressed as above and mailed first-class,
postage pre -paid thereon.
Executed the day and year first above written at Newport
Beach, California.
ATTEST:
City Clerk
City of Newport Beach
A Municipal Corporation
ayo
k
Owner
Michael T. Fricke`
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APPROVED AS TO FORM AND CONTENT
City Attorney
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
Ong�t jr
%`� , before me, the undersigned, a
Notary Pubrlib in and for said State, personally
appeared? �,� yp® _� Ezt , g= R ICKe- , known to me
to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
WITNESS my hand and of-ficia seal.
jlll'� 00 1 j 0 4�,014.
Notary Pub V
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5 _ _
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OFFICIAL SELL
SHIPRLEY M. HETH
(((
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NOTARY PUBLIC - CALIFORNIA
1O5 ANGELES GOEihTV
f19y comm. expires JAN 24, 1983
STATE OF CALIFORNIA )
COUNTY OF ORANGE } s5
6K 142?2po 1010
On this .23rd day of October in the year Lgj_,
before me, the undersigned, a Notary Public in and for said State, "
personally appeared Jacqueline E. Heather and Wanda E. Andersen
known to me to be Mayor and City Clerk of the City of Newport
Beach and known to me to be the person who executed the within instrument
on behalf of said governmental agency, and acknowledged to me that such
governmental agency executed the same.OFFICIAL SEAL
WITNESS my hand and official seal. no; OT i-iY L. PA LEN
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Hs0VIA Y P fC - r;'a: ee NIA
Signature ' Ra= FECOUi"T
Gly C m.,� Expi,—., s, 19851
Dorothy L. Palen
8K 1 4272p 101 1
i�s�nv
Geotechnical Engineering Consultants, Inc.
' ' G7 NTRTT "A"
SITE EVALUATION & FOUNDATION RECOMMENDATIONS
FOR THE
PROPOSED TWO-STORY RESIDENCE IN REAR YARD AREA
328 CATALINA DRIVE
NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA
JOB #2300-F1-81
June 16, 1981
PREPARED FOR:
John T. Fricke Construction, Inc.
711 E. Walnut, Room #203
Pasadena, California 91101
1818 E. Ball Road eAwls f r �
Anaheim, California 92805
(714) 635-6570
SK 1 4272po 10 1 2
f%-1.
111%.Inu
Geotechnical Engineering Consultants, Inc.
Job #2300-F1-81
June 16, 1981
John T. Fricke Construction, Inc.
711 #. Walnut, Room #203
Pasadena, CA 91101
SUBJECT: Site Evaluation and Foundation Recommendations for the Proposed
Two -Story Residence in Rear Yard Area, 328 Catalina Drive,
Newport Beach, Orange County, California.
References: 1. Preliminary Geotechnical Investigation for the Proposed
Rental Dwelling in Rear Yard, Newport Beach, Orange County,
California, prepared by Accu -Test Soil Laboratory, Inc.,
dated June 6, 1979, Job #F-6640-79.
2. Limited Engineering Geologic Investigation; Proposed
Rental Dwelling in Rear Yard; 328 Catalina Drive, Newport
Beach, California, prepared by William R. Munson, dated
May 4, 1979.
3. Geologic Field Inspection of the Footing Excavations Rear
Yard of 328 Catalina Drive, Newport Beach, California,
prepared by William R. Munson, dated May 25, 1981.
4. Building Plans for Subject Project, Sheets 1 and 3 only,
prepared by M. Fricke, dated February 7, 1980.
Gentlemen:
At the request of Mike Fricke we have performed an inspection of the
site, grading cuts, and footing trenches made up to this date to evaluate
conformance to the recommendations of the referenced reports and make any
further recommendations for the foundation.
One of our field representatives inspected the site on June 5, 1981
and June 12, 1981 to evaluate the "as -graded" site conditions. The following
conditions were found:
1. The original 1.8:1 to 2:1 north facing slope in the rear yard area
had been cut graded up to 10 feet for the construction of the proposed
retaining wall. Inspection of the vertical cuts indicate that the retaining
1818 E. Ball Road
Anaheim, California 92805
(714) 635-6570
8K 1 427 2PG 10 1
#2300-F1-81 -2-
wall footing is adequately founded into competent natural soil. The
vertical construction cut has been determined to be temporarily stable
but the construction of the retaining wall should be completed as
expeditiously as possible.
2. The footing trench located 5 to 8 feet south of the existing
retaining wall was 3 feet deep. These footing trenches were bottomed
at least 24 inches into original natural soils. In-place density tests
were taken in the bottom of the trenches to evaluate the competence of
the natural soil.
3. Based on inspection, it appears that there is up to 12 feet of
fill behind the west end of the existing retaining wall and possibly in
front of the base of the west end of the wall.
Based on our inspection and review of the referenced reports and
building plans, the following are our conclusions and further recommendations:
1. The footings to the south of the existing retaining wall have been
founded to a depth to ensure that a 1:1 projection be maintained from the
front bottom of the footing to the bottom of the retaining wall footing
at the face of the wall. The inspection and in-place density results indicate
that the natural soils are competent for the support of the proposed structure
and that the footings are adequately founded into natural soil
2. All remaining footings are to be founded below any fill and at
least 12 inches into competent natural soil. In addition footings shall be
founded at a depth to,ensure a minimum horizontal distance of 5 feet from
the bottom front of the footing to the face of the slope. The footings that
will be affected by the presence of fill soils will be the footings for the
driveway which will be in fill ranging from 5 to 8 feet depths and the pad
footings at the base of the existing retaining wall at the west end where
fill may be as deep as 12 feet.
Rnko
Geotechnical Engineering Consultants, Inc.
SSC 1 4272p 1014
#2300-F1-81 -3-
3. Based on the referenced reports, the proposed retaining wall shall
be designed for both backfill and creep loading. For the design of this
retaining wall the following soil design parameters shall be used:
Lateral Loads (Equivalent.Fluid Pressure):
Active Case: 48 p.c.f. - Backfill at 1.8:1 slope
Passive Case: 300 p.c.f.
Coefficient of Friction: .35
Design Wet Density of Soil: 110 p.c.f.
Allowable Bearing Value: 2000 p.s.f.
All remaining footing excavations shall be inspected to ensure proper
depth's of footings into competent natural soils and to verify the recommenda-
tions of this report.
CLOSURE
This opportunity to be of service is sincerely appreciated. If you
should have any questions regarding this matter, please contact this office
at your convenience.
Respectfully submitted,
AAKO GEOTECHNICAL ENGINEERING CONSULTANTS, INC.
Aako —
Geotechnical Engineering Consultants, Inc.
CLIENT: PROJECT #
SUMMARY SHEET
TEST DEPTH DRY DENSITY FIELD MAXIMUM PERCENT OF
TEST DATE LOCATION FEET LBS/CU.FT. MOISTURE DENSITY COMPACTION
1 6-12-81
Footing
3' 121.0
10.8 121.0 88.6%
Trenches
2 6-12-81
Footing
3' 113.5
12.0 113.5 86.8%
Tenches
MAXIMUM DENSITY RESULTS
SOIL: Type A:
Pale golden brown
fine to medium silty sands
Type B:
Dark brown fine to
medium sandy silts
*Maximum Density
& Optimum Moisture acquired through method ASTM Des:
D-1557-78 Method A (five layers, 25 blows
per layer with
a 10 pound hammer,
18 inch drop, four inch diameter,
1/30 cubic foot mold).
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