HomeMy WebLinkAbout04 GRANT OF ENCROACHMENT EASEMENT FOR DRIVEWAY AT 450/460 EL CAMINO REALMEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 4
ReviAGENDA REPORT City Manager g
Cit Mana er
Finance Director �A
JULY 17, 2018
JEFFREY C. PARKER, CITY MANAGER
CITY ATTORNEY
GRANT OF ENCROACHMENT EASEMENT FOR DRIVEWAY AT
450/460 EL CAMINO REAL
To resolve an existing dispute, formalize a recorded encroachment easement for
driveway/access purposes over an approximately 3 foot wide strip of City -owned property
located at 450 EI Camino Real.
RECOMMENDATION:
It is recommended that the City Council approve and authorize the Mayor to execute the
Encroachment Easement in a form substantially consistent with Exhibit A attached hereto,
subject to any non -substantive revisions approved by the City Attorney.
FISCAL IMPACT:
None. Approval of the proposed Encroachment Easement would resolve an existing dispute
regarding the existence of prescriptive easement rights over a driveway area.
CORRELATION TO THE STRATEGIC PLAN:
The proposed Encroachment Easement would advance Goal A in the Strategic Plan:
"Enable business opportunities and job development and to enhance the vibrancy and
quality of life in all neighborhoods and areas of the community," by ensuring driveway
access to 450 and 460 EI Camino Real and, in doing so, enabling City staff to finalize
plans for parking facilities on the City -owned parcel at 450 EI Camino Real.
BACKGROUND AND DISCUSSION:
As discussed in closed session with the City Council, a dispute has arisen as to the
existence of prescriptive access rights over a portion of the City -owned property located
at 450 EI Camino Real. Based on discussions with the neighboring property owner and
his attorney, the dispute will be resolved if the Encroachment Easement attached hereto
as Exhibit A is approved by the City. Resolution of the dispute will eliminate uncertainty
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Agenda Report: Encroachment Easement
July 17, 2018
Page 2
about property rights and driveway boundaries and, in doing so, enable the City to finalize
and proceed with planned parking improvements at the City -owned parcel at 450 EI
Camino Real.
CONCLUSION:
City staff and the City Attorney recommend that the City Council approve the attached
Encroachment Easement and authorize the Mayor to execute it on the City's behalf.
David Kendig
City Attorney
Attachment:
A. Proposed Encroachment Easement
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EXHIBIT A
Above This Line Reserved For Official Use Only
ENCROACHMENT EASEMENT
This Encroachment Easement is made this day of July 2018 by the City of Tustin
("City"), a California municipal corporation, in favor of Alfio Rossetti ("Owner") as the owner
of property known as 460 El Camino Real within the city boundaries of Tustin, with reference to
the following facts:
RECITALS
WHEREAS, the property at 460 El Camino Real was constructed in or about 1903 with access
from a common driveway shared with the property immediately to the north at 450 El Camino
Real;
WHEREAS, the common driveway was located primarily on 460 El Camino Real but
encroached for a width of approximately 3 feet northward onto the property at 450 El Camino
Real (`Basement Area");
WHEREAS, the City purchased the property at 450 El Camino Real in or about 1982 through the
former Tustin Redevelopment Agency;
WHEREAS, at all times since 1903, the sole access to the property at 460 Camino Real has been
over the common driveway including the Easement Area on 450 El Camino Real;
WHEREAS, this grant of encroachment easement is for the purpose of acknowledging and
memorializing the prescriptive rights of Owner and future owners of 460 El Camino Real to
continue to utilize the Easement Area on 450 El Camino Real for access purposes;
WHEREAS, this grant of encroachment easement is intended to run with the land for the benefit
of all future owners of 460 El Camino Real.
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GRANT OF EASEMENT
In recognition of the above recitals, City hereby grants to Owner an encroachment
easement over the area described in Exhibit "A" and depicted on Exhibit `B", both of which
exhibits are attached hereto and incorporated herein.
IN WITNESS WHEREOF, the undersigned has signed and delivered this Encroachment
Easement as of this day of , 20_
CITY OF TUSTIN:
Elwyn Murray, Mayor
ATTEST:
Erica Yasuda, City Clerk
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