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1999-0720_FORSTER FAMILY TRUST_D9_Agenda ReportAGENDA ITEM July 20, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of a Resolution Accepting an Easement for Wall and Landscape Purposes (Anita Forster, 25642 Camino Del Avion/Parkside Place, Tract 153 01) RECOMMENDATION: Adopt the Resolution accepting the easement for Landscape and Wall purposes and authorizing the City Clerk to forward the easement to the Orange County Recorder. SITUATION: A. Summary and Recommendation= The subject easement will allow installation of a privacy wall and adjacent landscaping immediately east of the driveway serving 25642 Camino Del Avion. The original wall and landscaping were removed to allow installation of a right -turn deceleration lane serving Parkside Way. Staff recommends the City Council accept the easement by adoption of the attached Resolution. B. Background: The City widened and improved the intersection of Camino Del Avion and Del Obispo Street in 1985. As part of the improvement, a retaining wall, topped by a four -foot high brick privacy wall, and adjacent landscaping was installed along two sides of the Forster property located on the south/east corner of the intersection. The Forster's granted the City an easement for installation and maintenance of the wall and landscaping The Forster's were told that if, in the future, the wall needed to be raised for additional security, the City would respond. Since that time, the Forster's have become concerned about children from the adjacent schools using the wall to sit and walk on. With the sharp drop-off and down slope behind the wall, this has become a very real concern. Therefore, to honor the City's past commitment, the wall will be raised at City expense to a height of six feet. FOR CIN COUNCIL AGENW. DI 9 AGENDA ITEM -2- July 20, 1999 Last year, Citation Homes developed Parkside Place on property surrounding the Forster residence. As a condition of approval of the tract, a right -turn deceleration lane was required for access to Parkside Way. To accommodate installation of the lane approximately 15' of the City owned wall and landscaping, just east of the Forster driveway, was removed. The replacement wall and landscaping must be pushed back approximately 3' into the Forster property, creating the wedge shaped easement being considered for acceptance. The developer is responsible for installation of a four -foot high replacement wall and new landscaping. The City is responsible for the additional two feet necessary to create a six-foot high replacement wall. COMMISSIONBOARD REVIEW, RECOMMENDATION: Not applicable. The previous wall and landscaping was reviewed and approved by the Planning Commission and City Council. Replacement materials will match the existing. FINANCIAL CONSIDERATIONS: As noted above, Citation Homes assumes the cost for replacement of the landscaping and irrigation and installation of a four -foot high wall. The replacement wall is to be constructed to six feet with the City being responsible for the additional two feet. In addition, the existing, undisturbed four -foot high wall along Camino Del Avion and Del Obispo Street is to be raised by an additional two feet at City expense. The City has budgeted $30,000 in the Capital Improvement Program (Project No. 107). NOTIFICATION Citation Homes, Attention Jeff Weber Ms. Anita Forster ALTERNATE ACTIONS Adopt the Resolution. 2. Do not adopt the Resolution. 3. Request additional information from Staff. AGENDA ITEM -3- July 20, 1999 RECOMMENDATION: Adopt the Resolution accepting the easement for Landscape and Wall purposes and authorizing the City Clerk to forward the easement to the Orange County Recorder. ------------- Respectfully submitted: William M. Huber Director of Engineering and Building WMH/RAF Attachments: Location Map Resolution Easement Prepared by: . Anthony Fos' ter Engineering Assistant DEL WON ATTACHMENT 1 LOCATION MAP EASEMENT LOCATION i AM "r&VL,,S I f no scale 1� 1 1 R 1 1 �t{ 1 l 1 1 l 6'C�;). 5XII RESOLUTION NO. 99-7-20-4 ACCEPTING EASEMENT FOR LANDSCAPE AND WALL PURPOSES 25642 CAMINO DEL AVION JANITA FORSTER) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR LANDSCAPE AND WALL PURPOSES LOCATED AT 25642 CAMINO DEL AVION (ANITA FORSTER) WHEREAS, the City is responsible for maintenance of landscape and a privacy wall adjacent to the intersection of Camino Del Avion and Del Obispo Street; and, WHEREAS, as a condition of approval of Tract 15301, aright -turn deceleration lane was required to accommodate right turns to Parkside Way; and, WHEREAS, installation of said lane required removal of a 15 -foot section of the landscaping and privacy wall; and, WHEREAS, replacement of said landscaping and wall require additional right-of- way from a property located at 25642 Camino Del Avion and owned by Ms. Anita Forster. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the easement for landscape and wall purposes, a portion of which is attached hereto as Exhibit A, is hereby accepted. SECTION 2. That the City Clerk is hereby authorized to forward said easement to the Orange County Recorder for recordation. PASSED, APPROVED, AND ADOPTED this 20th day of July '1999. JO�N GREINER, MAYOR ATTEST: CITY CLERK -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-7-20-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of July , 1999, by the following vote: AYES: Council Members Jones, Hart, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: Non e ABSENT: None (SEAL) , { CHERYL JO DN ITY CLERK -2- _.1 MAP TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" EASEMENT AND RIGHT OF WAY FOR STREET, HIGHWAY AND UTILITY PURPOSES N87'53' 13"E 14.96----~~�� NO2'06'47"W 15.,38' 3.59' N7837'06 "w 20. 1 5'1 SCALE: 1 = 30' 35.531 DETAIL l P.O.B. SCALE: h CAMINO DEL~ AVION LnN BOUNDARY, - M.M. 76U/7-10 -SEE DETAIL, S'LY LINE, ABOVE I CAMINO DEL AVION PER I I INST. N0. 86-240843, O.R. 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