HomeMy WebLinkAbout1995 -10-09 - NON-STANDARD IMPROVEMENTS AGREEMENT, Mitchell Land & Improvement Co.October 9, 1995
STAFF REPORT
To: Mayor and Members of the City Council
Attention: Jack D. Shelver, City Manager
From: Stephen G. Badum, Director of Public Works/City Engineer
Subject: NON-STANDARD IMPROVEMENTS AGREEMENT,
BETWEEN MITCHELL LAND & IMPROVEMENT COMPANY AND THE CITY OF SEAL BEACH
GENERAL DESCRIPTION
Staff recommends that the City Council approve the attached Non-Standard Agreement and authorize the City Manager to execute the agreement.
DISCUSSION:
The Mitchell Land & Improvement Company has requested authorization to construct decorative concrete paving within the City’s alley right of way in conjunction with their development
project at 1600 and 1650 Pacific Coast Highway as shown in the attached Exhibit “A”.
Historically, the City maintains street improvements such as curb, gutter, sidewalk, and pavement within the public right of way. Such improvements are typically constructed and dedicated
to the City by the adjacent property owners under conditions that are established through the California Streets and Highways Code and Subdivision Map Act. Decorative improvements
in the public right of way are non-standard improvements which enhance the value of adjacent private properties. With the exception of special districts, it is inappropriate to expend
public funds to maintain such improvements. However, recognizing that there are benefits to the community in allowing private property owners to enhance the public right of way, it
is appropriate to provide a mechanism in the form of this agreement to permit such improvements on a case by case basis.
In general, the agreement requires the adjacent property owners to construct and maintain the decorative improvements, preserves the City’s primary rights, and
sets conditions and responsibilities of each party. The agreement will be recorded with the Office of County Recorder of Orange County to insure that the agreement runs with the land
and is binding for future owners. Since two parcels abut the proposed improvements, an agreement for each parcel will be executed and recorded.
RECOMMENDATION
Due to the decorative nature of the proposed “public” improvements and the integral relationship to adjacent decorative improvements on the adjacent private properties, City staff and
the developer’s representatives recommend the approval of this agreement. Upon motion of the consent calendar, the City Council may approve the agreement and authorize the City Manager
to execute the agreements.
NOTED AND APPROVED
Stephen G. Badum, Director Jack D. Shelver
Public Works Department City Manager
Attachments: 1) Non-Standard Improvements Agreement
2) Exhibit “A”, Non-Standard Improvement Plan
C:\pwd\council\report\nonstd.doc
