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Home My WebLink AboutC-2362 - License Agreement for Non-Standard Street Improvements, Timber Retaining Walls• CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 October 4, 1982 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation are four Agreements for non - standard improvements approved by the City Council of Newport Beach on September 27, 1982. These are: 1. License Agreement with.Eugene and Susan Spiritus for non - standard improvements within City's 15th Street right -of -way. (Site Plan No. 28) 2. License Agreement with W.A. Rennakamp for non - standard improvements within City's Ocean Blvd. right -of -way. (C -2362) 3. Agreement with J.M. Peters Company for non- standard street improvements on Lot D of Tract No. 11449, Lot C of Tract No. 11450, Lot A of Tract No. 11451. i 4. Agreement with J.M. Peters Company for non - standard street improvements on Lot C of Tract No. 10987. Please record these and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. 3300 Newport Boulevard, Newport Beach 0 TO: (1) CITY ATTORNEY (2) CITY CLERK FROM: Public Works Department September 14, 1982 SUBJECT: LICENSE AGREEMENT FOR 3611 OCEAN BOULEVARD Attached are the following: Original and two copies of a license agreement. The Public Works Department has reviewed the agreement and has found it to be in order. Action requested: 1. City Attorney a. b. c. 2. Ci a. b. C. d. Approve agreement as to form. Forward all copies to City Clerk. Prepare resolution authorizing Mayor and City Clerk to execute agreement. ty Clerk Present agreement to City Council for approval. Have Mayor execute the agreement. Send agreement to the Orange County Recorder's Office for recordation. Retain original of agreement for your files and return all copies to Public Works Department. a-v, Benjamin B. Nolan Public Works Director RLH:rb Att. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663-3884 Exempt recacdtng f*Qt*M ON Gmem Hent G,4de 6103 82-353830 EXEMPT C14 RfWDED IN OFFICIAL RECORDS Of MW COUNTY. CALIFORNIA, -4 02 PM OCT 7 '82 LEL A. BRAWN, CouPty..Rss.ar-det space above tni s line for Recorder's use only O c } ?c LICENSE AGREEMENT '*' THIS AGREEMENT is made and entered into thisFr�,i,,, ._ d� day off 1982, by and between the CITY OF NEWPORT BEACH, hereinafter referred to as "CITY". and W. A. RENNAKAMP, hereinafter referred to as "OWNER". W I T N E S S E T H WHEREAS, OWNER desires to construct non-standard improvements within CITY's Ocean Boulevard right-of-way and adjacent ten -foot -wide sewer easement (hereinafter "Easements") along the northerly property line of Lot 14 of Tract 1257 as shown on a map filed in Book 38, Page 25, of Miscellaneous Maps, Records of Orange County, California; also known as 3611 Ocean Boulevard, Newport Beach, and hereinafter referred to as RESIDENCE; and WHEREAS, the parties hereto desire to execute an Agreement providing for the construction of non-standard improvements within the Easements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree to the following: 1. DEFINITIONS "Non-stand4rd improvements" shall be defined to include .timber retaining walls and all appurtenances. 2. RIGHTS OF OWNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in CITY's Public Works Department, in, on, and across those certain easements described in Exhibit "A" hereto. 3. RESTORATION Should CITY be required to enter onto the Easements to construct, maintain, remove, repair, renew, replace or enlarge utilities, CITY may remove all or part of the improvements and, in such event, OWNER agrees to pay all costs of restoration of the improvements.' 1 of 2 �"'°� 4. OWNER agrees to indemnify and hold harmless CITY, its officers, agents, and employees from all demands, claims, losses or liability on account of injury or damage to persons or property on account of injury or damage suf- fered or claimed to be suffered as a result of the existence and use of the aforementioned "non-standard improvements." 5. It is mutually agreed 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 OWNER's interest in the RESIDENCE, 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 made and entered into the day and year first above written. ATTEST:,,, City Clerk APPROVED AS TO FORM: mAd4ll,&�V� City Attorney STATE OF C' COUNTY OF 91OWe- CITY OF NEWPORT BEACH, a Municipal Corporation W. A. RENNEKAMP W AA. Rennekamp On 1/a Je,,'/; _'V 1982, before me, the undersigned, a Notary Public in and for said state, personally appeared whose nam is subscribed to the within Instrument, and acknowledged tha,he exe- cuted the same. . .No,tary Public in and for said State ]OANNE WALTON, Notary Public pittsburgh, Allegheny County. PA My Commission Expires February 10,1885 2of2 J1'44A,' va. I 82-353890 SECT/ON A -A m Ul p 1 �m Ott w. fV y Q j , S8. /2 � J p � � � J September 27, 1982 i..0 CITY COUNCIL AGENDA � ) SEP 27 1982 ITEM NO. TO: CITY COUNCIL By the CITY COUNCIL CITY OF NiVdPM AiA FROM: Public Works Department SUBJECT: LICENSE AGREEMENT WITH W. A. RENNEKAMP TO CONSTRUCT TIMBER RETAINING WALLS IN THE PARKWAY AT 3611 OCEAN BOULEVARD RECOMMENDATIONS: 1. Approve a license agreement for construction of non - standard street improvements (timber retaining walls) within the Ocean Boulevard right -of -way. 2. Authorize the Mayor and the City Clerk to execute the agreement. 3. Authorize and direct the City Clerk to have the agreement re- corded with the Orange County Recorder. DISCUSSION: At the meeting of August 23, 1982, the City Council approved Richard H. Dodd and Associates' permit request to modify the existing timber retaining walls located at 3611 Ocean Boulevard (see attachment). The approval for issuance of the encroachment permit was subject to the owner, W. A. Rennekamp, executing a license agreement for the non - standard improvements. The license agreement has now been executed and is being submitted for Council action. The agreement requires the owner to be responsible for maintenance, and holds the City harmless from all liability resulting from the non - standard improvements (timber retaining walls). 4 �Z4 Benjamin B. Nolan Public Works Director RLH:jd Att. TO: CITY COUNCIL FROM: Public Works Department August 23, 1482 CITY COUNCIL_AGENDA ITEM NO. �j- r i 5 SUBJECT: APPLICATION OF MR. W. A. RENNEKAMP TO CONSTRUCT A THREE -FOOT -HIGH TIMBER RETAINING WALL IN THE PARKWAY AT 3611 OCEAN BOULEVARD RECOMMENDATION: Approve the application, subject to the applicant's signing a license agreement for non - standard improvements. DISCUSSION: Attached is a letter from Richard H. Dodd and Associates requesting permission to modify the existing three - foot -high timber retaining wall built on the south side of Ocean Boulevard to retain the slope during construction of a residence at 3611 Ocean Boulevard. Ocean Boulevard is a 40 -foot roadway within a 110 -foot right -of -way. The retaining walls are located approximately 8 feet into the public right -of- way, which is approximately 50 feet from the southerly curb line of Ocean Boulevard. The retaining wall will help stabilize the slope, as well as pro- tect the city's sewer main and water service which runs adjacent to the re- taining wall. The prior approval of the City Council is required for private structural encroachments such as fences, walls, raised planters, etc., in the public right -of -way. The timber retaining wall is adjacent to the drive on the south side of Ocean Boulevard and within the Ocean Boulevard right -of -way. The license agreement will require the owners to be responsible for maintenance of the improvements and hold the City harmless of all liability for the non - standard improvements. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director RLH:jd Att. APPROVED �`( UT i Cn�U' +�C(� DATF, J, . 0 0 [7947 673 -0990 RICHARD H OODD s ASSOCIATES 209 SHIPYARD WAY BERTH A CABIN F NEWPORT BEACH, CALIFORNIA 92663 I August 13, 1982 Dick Hoffstadt Public Works Department CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 Mr. Hoffstadt: We are requesting approval of a low retaining wall at 3611 Ocean Blvd. for our client Mr. W. A. Rennekamp. Prints of the plans were submitted to and approved by the Building Department. The walls were installed during construction of the residence at the above address in the right -of -way of C,cean Blvd. Their purpose was to keep the sand above the ,ite from sloughing off during excavation. As has been shown by calculations, the walls are quite capable of retaining the earth behind them. They are also much more attractive and lighter than any similar concrete type wall. In the vicinity of the city sewer we feel a lighter structure is more desirable. To maintain the slope and the aesthetics of the site we request that the walls be allowed to remain. Sincefrely, RICH RD H DOD ASSOCIATES Steven D. Lovell Project Coordinator E C IF IZ II rl A. C, x ,Pond SECTION A-A F— v .. it a td 1 It 1r I td 2 p t 2 2F F— v .. it to CL IN 00 oop Ya 91 koW cuE \ WALLS V zz l,f7' x I-Ilel r a td 1 It 1r I td 2 p t 2 IN 00 oop Ya 91 koW cuE \ WALLS V zz l,f7' x I-Ilel r