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HomeMy WebLinkAbout11/25/1991 Item #F-12November 25, 1991 CITY COUNCIL AGENDA ITEM NO. F-12 TO: City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE MARINE AVENUE RIGHTS-OF-WAY ADJACENT TO 203 MARINE AVENUE. OWNER: Smith Family Trust RECOMMENDATIONS: Approve an Encroachment Agreement permitting the reconstruction of two existing decorative lamp posts with low voltage light fixtures within the Marine Avenue parkway adjacent to 203 Marine Avenue; authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: Mike Smith, the trustee of the Smith Family Trust, has requested that two existing lamp posts and fixtures located within the Marine Avenue right-of-way in front of Peppers on the Island Restaurant, located at 203 Marine Avenue, be permitted to remain. The existing lamp posts will be refurbished and converted from gas to low voltage electricity. The Encroachment Agreement will permit reconstruction of the non-standard improvements within the Marine Avenue right- of-way as approved by the Public Works Department, require the property owner to maintain the private encroachments and hold the City harmless against all liability and costs associated with these private improvements. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director DH: so Attachment APPROVED BY CITY COUNCIL DATE. I (- _2 , _-_2l i ci 19 00, PEPPER'S ON THE ISLAND 203 MARINE BALBOA ISLAND, CA. 92662 NOVEMBER 7, 1991 MR. BEN NOLAN PUBLIC WORKS DEPT. 3300 NEWPORT BLVD. NEWPORT BCH, CA. 92659 DEAR MR. NOLAN: WE ARE REQUESTING YOUR CONSIDERATION TO REACTIVATE THE SIDEWALK LIGHTS THAT ARE PRESENTLY IN FRONT OF PEPPER'S ON THE ISLAND. AS YOU MAY KNOW THESE LIGHTS HAVE BEEN PART OF THE HISTORY OF THE ORIGINAL JOLLY ROGER DATING BACK TO THE 1950'5. THESE LIGHTS WERE ORIGINALLY POWERED BY NATURAL GAS (WHICH HAS BEEN DISCONNECTED) BUT WE ARE PROPOSING TO CONVERT THEM TO ELECTRICCITY SUPPLIED BY OUR ESTABLISHMENT. THE PRESENT PLACEMENT OF THE LIGHTS DOES NOT ENCUMBER CURB -SIDE PARKING OR PEDESTRIAN TRAFFIC IN ANY WAY. WE ACCEPT FULL RESPONSIBILITY FOR THE UPKEEP, MAINTENANCE AND ANY INCIDENT THAT MAY OCCUR. YOUR IMMEDIATE CONSIDERATION IN THIS MATTER IS GREATLY APPRECIATED. THE SIDEWALK IS SCHEDULED FOR REPLACEMENT NOVEMBER 12 AND 13th. RESPECTFULLY SUBMITTED, GREGO Y H. MINOUX GHM/cab ,. Zq rz '�>) -ea CAVA p Pos e t-14 v..,% p po. I V Z rl C m FROM : PEPPERS ON THE I ND PHONE NO. : 714 6 ,447 SII P02 %It m? 4w pos. pas c ro FROM : PEPPERS ON THE I' 'Z PHONE NO. : 714 67 447 P03 • a w /,A p 7- �a3 /'Y1fi�a� t4ULs