FROM: Robert Thompson, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
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ENCROACHMENT AGREEMENT AT 1820 E. 1ST STREET, SANTA ANA, CA 92705
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GENERAL MANAGER'S RECOMMENDATION
recommendation
RECOMMENDATION: Recommend to the Board of Director to:
A. Approve and authorize the General Manager to execute an Encroachment Agreement with 1820 East 1st Street LLC, a Delaware limited liability company, for the installation of a walkway, fencing, and landscaping at 1820 E. 1st Street, Santa Ana, CA 92705, in a form approved by General Counsel; and
B. That the Clerk of the Board is hereby authorized and directed to record said Agreement in the official records of the Orange County Clerk-Recorder’s Office.
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BACKGROUND
1820 East 1st Street LLC, a Delaware limited liability company, is seeking an Encroachment Agreement for the installation of a walkway, pavement, fencing, and shrubbery located on the Easterly boundary of the property (refer to Exhibit B depicting the above-mentioned scope of work).
The affected property is located within an existing easement in favor of Orange County Sanitation District (OC San), and this request is to extend the landscaped area currently within the boundary. OC San will require permanent and immediate access to the affected property to perform routine and emergency maintenance and repairs to OC San’s improvements within the Sewer Line Easement. OC San is willing to allow the Encroachment to remain in the affected property and for Tenant, Landlord, and Owner (as applicable) to have access to the affected property, subject to the terms and conditions of this Agreement.
RELEVANT STANDARDS
• Protect OC San assets
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities
• Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting
PROBLEM
Proposed property improvements by the underlying property owner will require OC San to grant use of its easement as part of the overall property rehabilitation plan.
PROPOSED SOLUTION
Approve the Encroachment Agreement.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Easement access will be challenging as the revised landscaping plan addresses proper access.
PRIOR COMMITTEE/BOARD ACTIONS
November 1972 - Adopted Resolution No. 72-151-7, authorizing acceptance of Grant of Easement from Esther Havens, et al, for a permanent easement relative to construction of West Relief Trunk Sewer, Reaches 19, 20 and 22, Contract No. 7-5-1R, for a total amount of $12,000.00; and authorized execution of a temporary working license agreement in connection with construction of said contract, for a total amount not to exceed $1,827.00, as recommended by the General Counsel.
CEQA
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:
• Encroachment Agreement