HomeMy WebLinkAbout12 - EP99-67 - Ocean Boulevardr 1
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April 26, 1999
CITY COUNCIL AGENDA
ITEM NO. 12
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 3729 OCEAN
BOULEVARD, CORONA DEL MAR (EP99 -67)
OWNERS: Charles B. and Barbara V. Slack
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:
Brion S. Jeannette and Associates, Inc., representing the owners of the property
located at 3729 Ocean Boulevard in Corona del Mar, has requested that they be
permitted to replace the existing non - standard improvements with similar
improvements. The proposed improvements will be a colored concrete driveway and
walkway, "Beaumanniere Limestone" entry stairway and walkway, "Santa Rita
Ledgestone" veneer walls and planters, drainage system with a sump pump discharge
line to the existing City's catch basin, and landscape improvements within the 47.60' to
64' right -of -way between the existing curb and property line (see attached letter, photos,
and exhibit). The house is designed with the main and garage entrances off Ocean
Boulevard.
• The majority of 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 and Poppy Avenue. The proposed
SUBJECT: Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard
Public Right -of -Way Adjacent to 3729 Ocean Boulevard. Corona Del Mar (EP 99 -67)\
April 26. 1999
Page: 2
landscaping will be approved with a conditioned height restriction to protect any views
of the residents /non- residents along the street/sidewalk of Ocean Boulevard /Poppy
Avenue, adjacent residents, and properties on the other side of Ocean
Boulevard /Poppy Avenue. The proposed encroachments and existing encroachments
within the Ocean Boulevard right -of -way are similar in nature to other existing
encroachments along the ocean side of 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,
stairs, etc., in public easements or rights -of -way. The encroachment agreement will
allow construction of the driveway, stairway, walkway, planters, drainage system, 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 trees and landscaping shall be maintained by the owner
and approved by General Services with a maximum height restriction. The
Encroachment Agreement will 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 -away.
Respectfully submitted,
Js dam ,1c-
PUBLIC WORKS DEPARTMENT .
Don Webb, Director
By: ,�4 . //.,ate &J .ill
Gilbert Wong
Associate Engineer
Attachments: Letter dated April 7, 1999
Encroachment Agreement
Photos
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Brion S. Jeannette & Associ
April 7, 1999
LETTER OF REQUEST
Mr. Dick Hofstadt
Mr. Gill Wong
Public Works Dept.
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
Re: Slack Residence
3729 Ocean Blvd., Corona del Mar, CA
Encroachment Permit #99 -067
Dear Sirs:
Inc.
ARCHITECTURE
Concerning the above residence at 3729 Ocean Blvd., Corona del Mar the following
applies:
• All improvements to this property for the encroachment permit will be similar to
others on Ocean Blvd.
• Proposed development creates no hazards for pedestrians.
• Proposed development shall not block views of any neighbors.
Owner of said property shall be solely responsible for maintaining all proposed
improvements. No landscape element shall be allowed to grow beyond
approved house roof height. See landscape plans.
• All proposed plant materials are identified on the landscape plans.
If you have any further questions or concerns, please feel free to give me a call.
Robert Williams
Architect, AIA
BSJ /kh
ENERGY EFFICIENT ARCHITECTURE
® 470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983
Members AIA & NCARB
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EP99 -067)
THIS AGREEMENT is made and entered into this day of
1999, by and between Charles B. Slack and Barbara V. Slack (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 3729 Ocean Boulevard, Newport
Beach, California and legally described as portion of Block "A ", Map of Corona Del Mar, as
shown on a map recorded in Book 3, Pages 41 and 42 inclusively of Miscellaneous Maps in
the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS. OWNER desires to construct and maintain certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the Ocean Boulevard
right -of -way (hereinafter "RIGHT -OF- WAY ") that is located adjacent to 3729 Ocean Boulevard,
Newport Beach, California;
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
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 a
colored concrete driveway /walkway, "Beaumanniere Limestone" entry stairway /walkway,
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"Santa Rita Ledgestone" veneer walls /planters, drainage system with a sump pump discharge
line, low voltage lighting, landscaping, and appurtenances in the Ocean Boulevard right -of-
away as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. In
• addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction.
Hence, any changes must be approved by the City Engineer and shall be shown on the "As
Built" plans.
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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.
3. 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
therefor 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
doing so. Any landscaping that is within the Ocean Boulevard right -of -way shall be low
growing and be maintained at all times to permit a view down to the beach and white water
area where possible. The landscape plan shall be reviewed and approved by the Public
Works Department and the General Services Department. In addition, no landscaping shall
obstruct view to the adjacent residents, residents across Ocean Boulevard /Poppy Avenue, and
residents /non- residents along the street/sidewalk of Ocean Boulevard. 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.
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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 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 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 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, indemnity and hold harmless CITY, its City Council, boards
and commissions, officers and employees from and against any and all loss, damage, 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.
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7. OWNER shah accept the fact that surface drainage water may enter onto the
"SUBJECT PROPERTY" from "RIGHT -OF -WAY" located in the City of Newport Beach,
County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether
• naturally or as a result of the development or improvement of the "RIGHT -OF- WAY ".
8. OWNER shall accept and waive any and all liability for any damages to the
"SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the
"SUBJECT PROPERTY ". OWNER shall defend, indemnify, waive, and hold harmless CITY,
its City Council, boards and commissions, officers and employees from and against any and
all loss, damage, 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 to surface drainage water
entering the "SUBJECT PROPERTY" from the "RIGHT -OF- WAY ".
9. 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.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:
City Attorney
ATTEST: OWNER:
By:
City Clerk
By.
4
Mayor
Charles B. Slack
Barbara V. Slack
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GRADING AND DRAINAGE NOTES
1. Grafts for top and bottom of steps at entry walk and rear w grefe deck are
sham on plan.
2. Sea Civil Engineers grading plan for finish grading and site drains" for a0 other
areas.
3. Landscape area drains shell be located In all planting areas and pots.
4. Runoff from landscaped areas shall be collected in a separate 4- PVC Ine
running parallel to line collecting runoff from roof doom spouts and mchilectursl
decks.
S. All landscape paving areas ermapt driveway shall slops 1%% (one and one halt
percent) b drain. Direction of slope Is sham on plans.
Symbol Description
4— Directional flow Imps
® V ANUm grale NDS 078 (round area drain cover)
0 7 Atrium grele NDS 0270 /X\
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