HomeMy WebLinkAbout09 ENCROACHMENT AG 09-06-94AGENDA
NO. 9
9-6-94
DATE:
SEPTE/~BER 6, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
ENCROACHMENT AGREEMENT - 100 NEST MAIN STREET
RECOMMENDATION
That the Tustin City Council approve the Encroachment Agreement
pertaining to the property at 100 West Main Street and authorize the
Mayor to execute said Agreement subject to the final approval of the
City Attorney.
FISCAL IMPACT
None.
BACKGROUND
The owners (Jeff and Cherie Thompson) of the property of 100 West Main
Street (southwesterly corner) are remodeling the exterior of the
existing structure at that location. These improvements will include
the placement of a brick veneer on the exterior of the building.
The existing structure at 100 W. Main Street currently encroaches into
the public right-of-way along'the E1 Camino Real frontage a distance of
2". Additionally, there are several other structures in the downtown
area that also have minor encroachments within the public right-of-way.
DISCUSSION
The Thompsons have requested that they be granted permission to increase
the current 2 inch structure encroachment to a maximum of 5 inches to
accommodate the application of the brick veneer. Staff has reviewed
this request for increased encroachment and has determined that it will
not adversely impact the parkway/sidewalk widths as it relates to the
pedestrian traffic.
The attached Encroachment Agreement has been prepared and is currently
being reviewed by the City Attorney's office. The Thompsons have also
reviewed this Agreement and are in concurrence with the terms and
conditions of the document.
Staff recommends that this Encroachment Agreement for the property
located at 100 West Main Street be approved by the City Council and the
Mayor be authorized to execute same.
Robert S. Ledendecker
Acting Director of Public Works/
City Engineer
RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:
City of Tustin
300 Centennial Way
Tustin, CA 92680
EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 610
SPACE ABOVE THIS LINE FOR
RECORDERS USE
CITY CLERK
PERMITTEE
ENCROACHMENT AGREEMENT
Thomnson Pronert¥ Manaqement
Jeff R. Thompson
Cherie A. Thompson
Property Owner(s)
Tustin, California
100 W. Main Street
Tustin, California 92680
Address
Date: September 6, 1994
In compliance with your request of Auqust 15, 1994
conditions and restrictions written hereinbelow.
and subject to all the terms,
PERMISSION IS HEREBy ~RANTEDTO encroach a maximum distance of five (5) inches into the
public right-of-way of both Main Street and E1 Camino Real adjacent to Assessors Parcel No.
401-622-04, for the purpose of constructinq a brick veneer on the structure located on that
parcel. Ail construction shall be in accordance with plans and specifications approved by
the City Engineer of the City of Tustin. Said permission is granted subject to the following
conditions:
1. It is understood and agreed by the Permittee that the performance of any work
under this permit shall constitute an acceptance of the following provisions:
2. The Permittee shall hold the City of Tustin, its agents and employees harmless
from any and all damage to Permittee's property, including the above referenced improvements,
that may result from the City's need to enter its easement or right-of-way for any purpose.
3. This permit is granted with the understanding that this action is not to be
considered as establishing any precedent concerning the question of permitting any certain
kind of encroachment to be erected within the public easement or right-of-way.
4. The Permittee shall notify the City of Tustin prior to any work or modification
to the encroachment permitted by this Agreement. Such notice shall be given at least three
(3) days in advance of the date work is to begin.
5. Ail work done on the City's easement shall conform to recognized standards of
construction.
6. Ail work shall be subject to the supervision of, and to the satisfaction of t
City of Tustin.
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7. It is underste-4 by the Permittee that whene- ~ construction, reconstruction, or
maintenance work on the ~'s easement may be requi ' the installation provided for
herein, shall, upon the ~ _~est of the City Engineer, ~= immediately removed at the sole
expense of the Permittee
8. The Permittee is responsible for all liability for personal injury or property
damage which may arise from the encroachment on the City's easement or right-of-way. In the
event of any claim for liability is made against the City of Tustin or any department,
officer, or employee thereof, Permittee shall defend, indemnify and hold them and each of
them harmless from such liability.
9. If the City of Tustin so elects, repairs to its easement or right-of-way
proximately caused by Permittee shall be made by the City of Tustin and the expenses thereof
shall be borne by the Permittee.
The City will give reasonable notice of its election to make such repairs. In
every case, the Permittee shall be responsible for restoring any portion of the City's
easement or right-of-way which has been excavated or otherwise disturbed, to its former
condition as nearly as may be possible.
10. Upon the completion of any underground or surface work of consequence, the
Permittee shall furnish plans to the City showing location and details.
11. The Permittee agrees by the acceptance of this permit to exercise reasonable care
to maintain properly any encroachment placed by Permittee in the City's easement or right-of-
way and to exercise reasonable care in inspecting for and immediately repairing and making
good any damage to any portion of the easement or right-of-way which occurs as a result of
the maintenance of the encroachment in the easement or right-of-way or as a result of the
work done under this permit, including any and all damage to the easement or right-of-way
which would not have occurred had such work not been done or such encroachment not placed
therein.
This permit is to be strictly construed and no work other than that specifically
mentioned above is authorized hereby.
CITY OF TUSTIN
ATTEST
By.
Mayor
City Clerk
APPROVED AS TO FORM
City Attorney
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THE FOREGOING IS AGR' D AND ACCEPTED:
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On
before me,
, personally appeared
, personally known to me (or proved to be on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies) and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature
IMPORTANT: Please be sure that the notary seal is clear and concise.
blurred stamped will not be accepted by the County Recorder.
A
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