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Home My WebLink About19 - Newport Elementary School Sand ScreenJune 28, 1999 CITY COUNCIL AGENDA ITEM NO. 19 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT ELEMENTARY SCHOOL SAND SCREEN GARDEN WALL RECOMMENDATION: Allow the construction of a sand screen garden wall less than 3 feet high around the grass playground area, oceanward of the oceanfront sidewalk. DISCUSSION: This spring's windstorms have blown sand onto the newly replaced grass playground area at the Newport Elementary School on the ocean side of the oceanfront sidewalk, see the attached picture. The Parents Association has proposed to construct a less than 3 foot high sand screen block garden wall at the edge of the grassed area to reduce the wind blown sand intrusion into this area. In 1960 the City leased the beach area between 13'h and 14th streets adjacent to the Newport Elementary School to the School District to be used as a school playground. A copy of the lease is attached. The lease allows the District to place and maintain playground equipment on the beach. The District cannot construct buildings or fences without prior approval of the City Council. The proposed less than 3 foot high garden wall is not normally considered a fence, and doesn't require a City building permit. Since this installation requires a Coastal Permit, the District wants to make sure that the City, as the trustee for the tidelands, approves the installation before they apply for the Coastal Permit. The staff feels that the low wall will not impact the public's use of the area and will not give the appearance that the playground is private. A similar wall has been constructed around the picnic area on the easterly side of McFadden Square. It is recommended that the School District be authorized to construct a less than 3 foot high sand screen garden wall around the grass playground area. ;T tfully su fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Attachment: Lease Agreement Picture F: \Users\PB W \Shared%COUN CIL \FY98 -99W une- 28\Npt.Elem.School.doc WWC:mec 1/19/60 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this , 14day of 9dy±±±4 , 1960, between the CITY OF NEWPORT BEACH, a municipal c poration, hereinafter referred to as "City ", and the NEWPORT BEACH SCHOOL DISTRICT OF ORANGE COUNTY, hereinafter referred to as "School District "; WITNESSETH: WHEREAS, the City is the owner of the tidelands and filled lands in the corporate limits of the City lying southerly of Ocean Front between the southerly extension of 13th Street and the south- erly extension.of 14th Street, hereinafter more particularly de- scribed, by virtue of a grant from the State of California set out in Chapter 813 of Statutes of 1929, page 1704; and WHEREAS, City has a perpetual easement for street, park and public pleasure purposes over Block 13 A, Section B, of Newport Beach, which lies between the southerly extensionsof 13th and 14th Streets and between Ocean Front and said tidelands and filled lands as shown on a map recorded in Book 4, page 27, Miscellaneous Maps, Records of Orange County, California; and WHEREAS, School District owns Block 13 of Newport Beach, as per map recorded in Book 4, page 27, of said maps, which lies between 13th Street and 14th Street and between Balboa Boulevard and Ocean Front; and WHEREAS, School District operates a public elementary school on said Block 13 and uses and has need for the use of said Block 13 A and the adjoining tidelands and filled lands oceanward of said Block 13 A in connection with said school for playground purposes; and WHEREAS, the leasing of the tidelands and filled lands hereinafter described to School District for the purpose and under the terms and conditions set out herein would not interfere with or be inconsistent with the requirements of commerce or navigation C E at Newport Harbor and is not inconsistent with the title upon which • said land is held; and WHEREAS, the trespass rights hereby granted over the City's easement on said Block 13 A under the terms and conditions set out herein are not inconsistent with the grant of easement to City over said Block 13 A; NOW, THEREFORE, the parties agree: 1. City hereby leases to School District for playground purposes only and subject to the terms and conditions herein con- tained, for a term of fifty (50) years beginning on the date hereof, those certain tidelands and filled lands in the corporate limits of the City more particularly described as follows: Beginning at the southerly corner of Lot 1 of Block 13, Section B, of Newport Beach, as per map recorded in Book 4, page 27, Miscellaneous Maps, Records of Orange County, California; thence southerly along the southerly prolongation of the easterly line of said Lot 1 a distance of 400 ft.; thence westerly along a line parallel to and 400 ft. southerly of the south line of said Block 13 to a point in the southerly prolongation of the . westerly line of Lot 13 in said Block 13; thence northerly along said southerly prolongation of the westerly line of said Lot 13 to the southerly line of said Block 13; thence easterly along the south- erly line of said Block 13 to the point of beginning; excepting therefrom Ocean Front street right -of -way, and further excepting Block 13 A, Section B of Newport Beach, as per map recorded in Book L, page 27, Miscellaneous Maps, of said Records of Orange County. 2. City hereby grants a license and right of trespass to School District for playground purposes only, subject to the terms and conditions herein contained, for a term of fifty (50) years beginning on the date hereof, over that certain parcel of land in the City between the southerly extension of 13th Street and the southerly extension of 14th Street, more particularly described as: Block 13 A, Section B, Newport Beach, as per map recorded in Book 4, page 27, of Miscellaneous Maps, Records of Orange County, California. 0 2. 3. School District shall use said tidelands and filled lands and said Block 13 A to provide a playground area for use by children participating in activities of the public school on said Block 13 and for use by the public for park and pleasure purposes when the same is not being used by said children. 4. School District shall not construct any buildings or fences on the tidelands and filled lands or on said Block 13 A with- out the prior approval of the City Council but may place and maintain playground equipment on said land which shall be the property of School District and not of City. 5. Should School District sell said Block 13 on which the elementary school is located, or any part thereof, or should School District discontinue the operation of the public school on said Block 13 for a period of two (2) years, then the lease and the license and right of trespass hereby granted shall automatically terminate and City may re -enter the premises and take possession thereof and remove all persons and property therefrom. 6. Notwithstanding the lease and the license and right of trespass granted to School District, City reserves the right to enter the land or any part thereof to construct and maintain groins, bulkheads or breakwaters to protect said premises and other land within City from damage or erosion; provided, however, that nothing contained herein shall require the City to construct or to maintain groins, bulkheads or breakwaters on said land or elsewhere. 7. School District shall not assign the Leasehold or license or right acquired hereunder without the prior written con- sent of City. 8. If during the term hereof the tidelands and filled lands owned by City or the perpetual easement over said Block 13 A are taken by eminent domain, other than the leasehold interest of School District being taken by City, then the leasehold interest and license and right of School District hereby granted shall ter- minate as to the property taken and School District shall remove 3. E is held to be invalid or ineffective by any court, that decision shall not affect the remainder of the provisions hereof and neither party hereto shall be liable to the other for any loss or damage of any nature whatsoever suffered or claimed to be suffered by reason of such invalidity or ineffectiveness. 12. This agreement shall be binding upon the successors of both parties. IN WITNESS WHEREOF, we have executed this lease agreement as of the day and year first above written. CITY NEWPORT BEACH, a muni- NEWPORT BEACH SCHOOL DISTRICT ci a corporg io OF ORA! E COUNTY By s /i/I By .N. ayor test: Attes 1 GUY Clerk 4. all equipment and improvements therefrom and all compensation awarded belong to City. for such property shall 9. A measure shall be placed upon the ballot in the regular municipal election of City on April 12, 1960, to submit this lease to the electors of City.for approval and the same is subject to such approval by a majority vote of said electors voting thereon. Notwithstanding the initial approval of the electors of City being required, the City Council and School Board of School District may amend the terms of this agreement at any time during the term hereof to better serve the public interest or better accom- plish the purposes of the Lease; provided, however, that the term hereof may not be extended by the City Council and School Board beyond the fifty (50) years herein provided. 10. Subject to applicable provisions of law, it is under- stood that all rights granted hereunder are subject to easements, rights- of-way and similar burdens, if any, now existing or hereto- fore granted by City or its predecessors in, to, over or under the premises for any purpose. 11. In the event this agreement or any provision hereof is held to be invalid or ineffective by any court, that decision shall not affect the remainder of the provisions hereof and neither party hereto shall be liable to the other for any loss or damage of any nature whatsoever suffered or claimed to be suffered by reason of such invalidity or ineffectiveness. 12. This agreement shall be binding upon the successors of both parties. IN WITNESS WHEREOF, we have executed this lease agreement as of the day and year first above written. CITY NEWPORT BEACH, a muni- NEWPORT BEACH SCHOOL DISTRICT ci a corporg io OF ORA! E COUNTY By s /i/I By .N. ayor test: Attes 1 GUY Clerk 4. LJ r1 U a O O x U Con H � W 00 W W H O