HomeMy WebLinkAbout- - Sidewlak Easement Sunflower Ave at Gre. - 9/7/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 7, 2010
ITEM NUMBER:
SUBJECT: ACCEPTANCE OF SIDEWALK EASEMENT, SUNFLOWER AVENUE AT GREENVILLE
BANNING CHANEL
DATE: AUGUST 26, 2010
FROM: PUBLIC SERVICES DEPARTMENT/ ENGINEERING DIVISION
PRESENTATION PETER NAGHAVI, DIRECTOR, PUBLIC SERVICES DEPARTMENT
BY:
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER AT 714-754-5335
RECOMMENDATION:
Accept the sidewalk easement on Sunflower Avenue (see Attachment 1) and authorize the
Mayor and the City Clerk to sign and record the easement deed.
BACKGROUND:
In accordance with the conditions of approval for Planning Action (PA04-02), Home
Ranch Development, Street improvements along Susan Street and Sunflower Avenue
were required. As part of the improvements, an access drive approach for Southern
California Edison and Orange County Flood Control District (OCFCD) was provided.
The proposed easement is located behind the Drive approach and across a portion of
the OCFCD Greenville Banning Channel (see Attachment 2). In order to comply with
the conditions, the owner of the Home Ranch Development, Standard Pacific, has
coordinated the grant of the proposed easement between OCFCD and the City.
ANALYSIS:
The proposed easement will allow for the minimum allowable width of public sidewalk
along Sunflower Drive pursuant to the Americans with Disabilities Act (ADA). Staff has
worked with the Standard Pacific and OCFCD to secure the necessary easement. In
consideration for the owners granting the City the easement for sidewalk purposes, the
City has agreed to indemnify the property owner, OCFCD, from all claims and liabilities
arising from public use of this easement (see Attachment 1). In order to accept these
obligations, the deed must be signed and accepted by an authorized City official.
ALTERNATIVES CONSIDERED:
The alternative to this Council action would be to reject the sidewalk easement. If this
alternative is selected, the sidewalk would be located on Orange County Flood Control
property and not available for public use as it is intended and pedestrian traffic at this
location would be on OCFCD property. This alternative would be inconsistent with the
conditions of approval of PA -04-02, which required the access driveway with pedestrian
1
access. In addition, staff does not recommend this alternative due to safety
considerations at this location, which are mitigated by ADA requirements.
FISCAL REVIEW:
The subject sidewalk easement would be granted to the City of Costa Mesa at no fee.
There is no fiscal impact on accepting this easement.
LEGAL REVIEW:
The City Attorney's office has approved the attached easement deed as to form.
CONCLUSION:
Staff recommends that the City Council accept the sidewalk easement on Sunflower
Avenue, and authorize the Mayor and the City Clerk to sign and record the easement
deed.
ERNESTO MUIVOZ
City Engineer
DISTRIBUTION
ATTACHMENTS
PETER NAGHAVI, DIRECTOR
Public Services Department
City Manager
City Attorney
City Clerk
Staff
File
1 Easement Deed
2 Driveway and easement location
E