HomeMy WebLinkAboutTemporary License Agreement Fred Waring Drive Right-of-Way, San Pascual Ave and Deep Cyn Rd •
CITY OF PALM DESERT
STAFF REPORT
REQUEST: Authorization to negotiate Temporary License Agreements with residents
whose properties are bounded on the south by Fred Waring Drive right-
of-way, between San Pascual Avenue and Deep Canyon Road
DATE: November 8, 2001
CONTENTS: Temporary License Agreement
Recommendation:
By Minute Motion, authorize staff to negotiate Temporary License Agreements,
and the Mayor to execute same, to authorize residents with properties bounded on the
south by the new wall constructed on Fred Waring Drive, between San Pascual Avenue
and Deep Canyon Road, to use and maintain approximately three feet of City-owned
property adjacent to their south property line.
Executive Summary:
Approval of staffs recommendation will allow residents on the north side of Fred
Waring, between San Pascual Avenue and Deep Canyon Road, to remove their
backyard fences and use the new block wall constructed by the City, rather than their
existing fences, as the boundary of their yard.
A decision not to approve the staff recommendation will result in back-to-back
walls, two to three feet apart, for much of the distance between San Pascual Avenue
and Deep Canyon Road.
Background:
The City procured approximately forty-five properties on the north side of Fred
Waring Drive, between San Pascual Avenue and Deep Canyon Road, in order to widen
Fred Waring Drive from four to six lanes of travel. The residences constructed on those
properties were demolished and a new sound wall was constructed on the north end of
the properties to protect residences on the north side from sounds of traffic produced by
the planned new six-lane road.
Because the City had the luxury of having extra property on the north side of
Fred Waring Drive, the new sound attenuation walls were constructed several feet south
of the actual property line. This allowed the construction to be completed without
disrupting the existing fences and walls, encroaching onto the residents' properties for
Staff Report
Fred Waring Drive - Temporary License Agreement
November 8, 2001
Page 2 of 2
placement of footings, or constructing retaining walls that would have been necessary
due to a sharp change in grade at the property line. Recently, several of the property
owners have come forward and requested authorization to demolish their rear walls or
fences, and to use the property between the property line and the new sound
attenuation wall as an extension of their backyard. Staff believes that it would be in the
best interest of all concerned parties to allow this use of the land, since it will eliminate a
double wall configuration, which could collect debris and prove to be a nuisance to
maintain in the future.
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Consequently, the City Attorney proposed language for a Temporary License
Agreement, which would permit this use of the northern most two to three feet of City
property by the residents of the adjoining properties. A copy of that Temporary License
Agreement is appended to this staff report.
The term of the Agreement will be from the effective date of the Agreement until
such future date as it is determined by the City that there is a need for the property for
public purposes. Six months notification will be provided to residents when and if such a
public need is identified. The Agreement also prohibits residents from constructing any
permanent structures on the strip of land, requires that they maintain and repair the
properties, and indemnifies the City from actions arising from the residents' use of the
land.
With approval from the City Council, staff will notify adjoining residents that an
agreement has been prepared by which they may be authorized to use the land. For
those residents who choose to enter into an agreement, individual agreements will be
prepared by staff and executed by the Mayor on behalf of the City of Palm Desert.
Submitted b •
ITY COUNCIACTION:
Lauri Aylaian, Project Administrator APPROVED DENIED
RECEIVED OTHER
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MEETING, DATE I ,
AYES: ,A/Leljlin X�, `�^ P piAll J,1 tavIA40
NOES: , ASi4 o d Approval: ABSENT: �.
ABSTAIN:
VERIFIED BY: `-1,(1 Q
Origin?' on File with Cit. i Cl 's Office
Dave Yrigoyen, Director of Redevelopment
Carlos L. Ortega, City Manager
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TEMPORARY LICENSE AGREEMENT
This Temporary License Agreement is entered into this day of
2001 , by and between the CITY OF PALM DESERT, a municipal corporation ("City") and
(hereinafter designated as "Owner").
RECITALS
The City is the owner of property located adjacent to Owner's property and is
utilizing the majority of the property owned by City for the widening of Fred Waring Drive
located in the City of Palm Desert, State of California.
Owner is the legal owner of property described as set forth in Exhibit "A" attached
hereto and made a party hereof.
A portion of said City-owned property is on the Owner's side of a permanent wall
which provides a barrier dividing City's property. The portion of the property located on
Owner's side of the wall is approximately 3 feet in width. City is desirous of allowing Owner
to utilize that portion of their property located adjacent to Owner's property and to allow
Owner to abut walls and/or fences to the City's permanent wall which is at the rear of
Owner's property.
NOW, THEREFORE, it is agreed as follows:
1 . Right to Enter. For and in consideration of the above recitals as well as the
terms set forth herein, the City hereby grants to , Owner, the
exclusive right to enter on and use that portion of City's property located on the Owner's
side of the permanent wall to be utilized as open space and as a portion of their yard area.
2. Term. The license granted to licensee shall be effective from and after the
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date hereof and shall terminate at such future date as it is determined by the City that there
exists a need for the property covered by this License for public purpose. Notification of
said need will be given at least six (6) months in advance of the utilization.
3. Conditions of Use. Licensee is authorized to use the property subject to this
License as a part of their yard and open space area but not to construct any types of
permanent construction thereon other than landscaping. Licensee is not authorized to
mechanically fasten or joining fences, walls, or structural appurtenances to City-owned
wall.
4. Maintenance and Repair. Said property shall be maintained in accordance with
the standards of maintenance for their regular yard area, and Owner agrees that they will
not permit and allow public or private nuisance to exist on their property and shall
surrender same if notice is given pursuant to paragraph 2 above.
5. Indemnity. Licensee agrees to hold the City free and harmless from any and
all claims, demands, suits or any kind of expenses, including without limitation, all
expenses of investigation of any such claim or action including reasonable attorneys' fees
and costs and actions of any type of arising out of or incurring as a result of the use of the
property by the Licensee or successors, assigns, agents, employees, guests and invitees.
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IN WITNESS WHEREOF, this Agreement has been executed by the undersigned
as set forth.
CITY OF PALM DESERT OWNERS
By:
Jim Ferguson, Mayor
By:
Sheila R. Gilligan, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On , 2001, before me,
personally appeared Jim Ferguson and Sheila R. Gilligan personally known to me (or
proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities; and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
My commission expires:
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STATE OF CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On , 2001, before me,
personally appeared and
personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities;and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
My commission expires:
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