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
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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) ,
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CHERYL JO DN ITY CLERK
-2-
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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. I 1
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