Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JUNE 17, 2003

SUBJECT: PALOS VERDES DRIVE EAST and MUSTANG ROAD STORM DRAIN REPAIR PROJECT – Execute Agreement for Property Ingress and Egress

Staff Coordinator: Glen W.C. Kau, Sr. Engineer

RECOMMENDATIONS:

  1. Authorize the Director of Public to execute an Agreement for purposes of Ingress and Egress between the City and the property owners of 1 Mustang Road and 9 Rockinghorse Road for a project to repair an existing storm drain on Palos Verdes Drive East and Mustang Road.
  2. Authorize the Director of Public Works to acquire and execute an easement for storm drain maintenance purposes from the property owners of 1 Mustang Road and 9 Rockinghorse Road.

BACKGROUND

For some time now, staff has presented photographs of storm drains with eroded inverts, and discussed the associated risks due to our aging infrastructure system. On April 8, 2003, a small sinkhole appeared just outside the right of way, located at Palos Verdes Drive East at Mustang Drive. The sinkhole was a result of the heavy rains from the night prior.

At its May 6, 2003 meeting, Council authorized a contract ($30,000) for construction and inspection services to the City’s maintenance contractor to effect repairs to the storm drain. The project was completed in a timely manner and all work inspected has been found to be in conformance with the scope of work.

DISCUSSION

A portion of the subject 30"Ø Corrugated Metal Pipe (CMP) storm drain is situated within private property. Both the storm drain debris basin and pipe inlet are also located within the private property, and permission was required to enter upon the property to perform the work. Prior to commencing the work, staff contacted the property owners and acquired both verbal and written consent for entry upon the property. A license agreement between the City and the property owners was established in order to property access. To fully execute the license agreement, staff recommends that the Director of Public Works be authorized to execute the agreement.

A Grant of Easement for a specific purpose is the standard method to acquire ingress and egress across private property. In this case, an easement for storm drain maintenance purposes does not exist. The license agreement in the first recommendation provides for temporary access purposes only. Staff also recommends that Council authorize the Director of Public Works to acquire and execute and easement for storm drain maintenance purposes. Authorizing the Director Public Works to acquire and execute the maintenance easement will provide for permanent property access to perform maintenance in a timely manner and to prevent future damage from occurring to the storm drain.

CONCLUSION

Adopting staff’s recommendation will provide for an access easement to maintain the storm drain.

Respectfully Submitted,

__________________________

Dean E. Allison

Director of Public Works

Reviewed,

_________________________

Les Evans

City Manager

Attachments: License Agreement

LICENSE AGREEMENT CONFERRING
PERMISSION TO ENTER PRIVATE PROPERTY
FOR THE PURPOSE OF PERFORMING STORM DRAIN MAINTENANCE,
MINOR GRADING, AND CONSTRUCTION OF DRAINAGE
IMPROVEMENTS

1. PARTIES

This License Agreement is made by and between THE CITY OF RANCHO PALOS VERDES (hereinafter referred to as "Licensee") and LUTRELL G. LONG and VIRGINA W. LONG (hereinafter referred to as "Licensors"). Licensors are the record owners of that certain real property described as Los Angeles County Assessor’s Parcel No. (APN#) 7556-008-005, located at 1 Mustang Road (hereinafter referred to as "the property").

2. TEMPORARY LICENSE

Licensors by this instrument grant to Licensee, and to Licensee’s agents, permittees, and employees, including Licensee’s contractors, the temporary right, privilege, and permission to enter the property for the sole and exclusive purpose of storm drain maintenance, perform minor grading/clearing operations, and repair/construct drainage structures within the debris basin/catchment area. Such maintenance will include, but may not be limited to, access to and within the debris basin, investigation, clearing and minor grading at the drainage inlet/outlet structures within the debris basin/catchment area. Such drainage repairs/improvements will include, but may not be limited to, establishing access to the debris basin, installation of reinforced concrete, corrugated steel or other type of storm drain pipe, installation/placement of concrete backfill materials and linings for rehabilitation of the inlet/outlet and the storm drain pipe to convey runoff to the natural drainage course within the canyon.

Exhibit "A’, attached and incorporated herein by this reference, is a map showing the general area of the aforementioned activities. The specific area of impact to the property will occur within the area that is approximately 100 feet north of the southerly property line within the debris basin and may include, but is not limited to, investigation, clearing and minor grading, placement of concrete backfill materials and linings and equipment access.

3. TERMINATION

The temporary license created by this License Agreement shall terminate ninety (90) working days after commencement of the work, except that the obligations set out in Section 4 Liability shall remain in force and effect even after termination of this Agreement.

4 LIABILITY

Licensee shall exercise the privilege granted in this instrument at Licensee’s sole and exclusive risk. Licensee hereby agrees to hold Licensors harmless from any injury or damage suffered by Licensee, its agents, permittees, employees, or contractors on account of the exercise of such privilege. Licensee further agrees to indemnify and defend Licensors against any and all liability for damages and expenses resulting from, arising out of, or in any way connected with, the exercise of this privilege by Licensee, its agents, permittees, employees, or contractors. Licensee further agrees to warrant that the investigation, clearing and grading operations, construction of improvements, and related work will be done in a workmanlike manner.

5. NO RELEASE

Notwithstanding any other provision contained, neither the fact of this License Agreement nor anything herein shall be construed to release, hold harmless, indemnify or otherwise relieve Licensee of any obligation, responsibility, duty, cost, or obligation respecting the property and arising under the law, whether known or unknown and including those causes of action that may not yet have arisen.

6. RESTORATION OF PROPERTY

At the conclusion of the storm drain maintenance, and construction of storm drainage improvement work, Licensee shall, at its own expense, restore the existing or new finish surface of the property, to the extent possible and to Licensors’ reasonable satisfaction, to a condition that meets the general purpose and general appearance of the area that existed before the work began.

IN WITNESS OF THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS AGREEMENT BY AFFIXING THEIR SIGNATURES BELOW:

CITY OF RANCHO PALOS VERDES PROPERTY OWNERS

by:

Dean E. Allison Lutrell G. Long

Director of Public Works

Title Virgina W. Long

Date Date

Exhibit "A"

LICENSE AGREEMENT CONFERRING
PERMISSION TO ENTER PRIVATE PROPERTY
FOR THE PURPOSE OF PERFORMING STORM DRAIN MAINTENANCE,
MINOR GRADING, AND CONSTRUCTION OF DRAINAGE
IMPROVEMENTS

1. PARTIES

This License Agreement is made by and between THE CITY OF RANCHO PALOS VERDES (hereinafter referred to as "Licensee") and FINN BJERKNES and LUCILLA BJERKNES (hereinafter referred to as "Licensors"). Licensors are the record owners of that certain real property described as Los Angeles County Assessor’s Parcel No. (APN#) 7556-014-001, located at 9 Rockinghorse Road (hereinafter referred to as "the property").

2. TEMPORARY LICENSE

Licensors by this instrument grant to Licensee, and to Licensee’s agents, permittees, and employees, including Licensee’s contractors, the temporary right, privilege, and permission to enter the property for the sole and exclusive purpose of storm drain maintenance, perform minor grading/clearing operations, and repair/construct drainage structures within the canyon. Such maintenance operations will include, but may not be limited to, access to and within the canyon, investigation, clearing and minor grading at the drainage inlet/outlet structures within the canyon. Such drainage repairs/improvements will include, but may not be limited to, establishing access to the canyon, installation of reinforced concrete, corrugated steel or other type of storm drain pipe, installation/placement of concrete backfill materials and linings for rehabilitation of the inlet/outlet and the storm drain pipe to convey runoff to the natural drainage course within the canyon.

Exhibit "A’, attached and incorporated herein by this reference, is a map showing the general area of the aforementioned activities. The specific area of impact to the property will occur within the area that is approximately 100 feet north of the northerly property line within the canyon and may include, but is not limited to, investigation, clearing and minor grading, placement of concrete backfill materials and linings and equipment access.

3. TERMINATION

The temporary license created by this License Agreement shall terminate ninety (90) working days after commencement of the work, except that the obligations set out in Section 4 Liability shall remain in force and effect even after termination of this Agreement.

4 LIABILITY

Licensee shall exercise the privilege granted in this instrument at Licensee’s sole and exclusive risk. Licensee hereby agrees to hold Licensors harmless from any injury or damage suffered by Licensee, its agents, permittees, employees, or contractors on account of the exercise of such privilege. Licensee further agrees to indemnify and defend Licensors against any and all liability for damages and expenses resulting from, arising out of, or in any way connected with, the exercise of this privilege by Licensee, its agents, permittees, employees, or contractors. Licensee further agrees to warrant that the investigation, clearing and grading operations, construction of improvements, and related work will be done in a workmanlike manner.

5. NO RELEASE

Notwithstanding any other provision contained, neither the fact of this license agreement nor anything herein shall be construed to release, hold harmless, indemnify or otherwise relieve Licensee of any obligation, responsibility, duty, cost, or obligation respecting the property and arising under the law, whether known or unknown and including those causes of action that may not yet have arisen.

6. RESTORATION OF PROPERTY

At the conclusion of the storm drain maintenance, and construction of storm drainage improvement work, Licensee shall, at its own expense, restore the existing or new finish surface of the property, to the extent possible and to Licensors’ reasonable satisfaction, to a condition that meets the general purpose and general appearance of the area that existed before the work began.

IN WITNESS OF THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS AGREEMENT BY AFFIXING THEIR SIGNATURES BELOW:

CITY OF RANCHO PALOS VERDES PROPERTY OWNERS

by:

Dean E. Allison Finn Bjerknes

Director of Public Works

Title Lucilla Bjerknes

Date Date

Exhibit "A"