HomeMy WebLinkAboutAgenda Statement 1976/11/23 Item 15CITY OF CHULA VISTA ITEM N0. -~'t 15
COUNCIL AGENDA STATEMENT 11/23/76
FOR MEETING OF: ~ ~~
ITEM TITLE: Resolution No. 8437Accepting Grant of Easement for Slope Rights
from Joseph Bush et al
SUBMITTED BY Director of Public Works/City Engineer /i~
ITEM EXPLANATION
The City Council, on March 9, 1965, by Resolution 3657, awarded a contract
for the construction of "E" Street and installation of landscaping along the
slopes abutting "E" Street between Corte Maria Avenue and Hilltop Drive. The
City obtained slope rights for the construction of the slopes through con-
demnation action. The slope rights gave the City permission to do grading
upon the private property in order to construct "E" Street. The slopes were
also landscaped and have been under the maintenance of the City ever since
that time. The slope rights, however, were specifically £or constructing the
slope and allowing the City to protect the roadway by repairing slope failure.
It is proposed, however, that the City obtain an easement across this property
for the purpose of maintaining the landscaping on the slope, since this is a
major entrance to the City from the I-805 Freeway.
Mr. & Mrs. Joseph Bush, owners of the subject property, have been given
approval for tentative parcel map no. 18-75. They have agreed to grant the
City an easement for maintaining the slope in its present condition. However,
they have placed a condition on the easement that the owners of the abutting
property retain the right to remove and/or relocate any plantings that would
obstruct their view. Trees that would be removed in the future would be
done so at the expense of the property owner and the replacement plantings
(ground cover) would be installed subject to the approval of the Director of
Parks & Recreation.
(continued on supplemental page 2)
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Agreement Resolution x Ordinance Plat Other
Environmental Document: Attached Submitted on
STAFF RECOMMENDATION:
Approve resolution accepting easement for slope maintenance purposes and
authorizing City forces to remove 6 Pine trees.
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION
Form A-113 (Rev 5-75)
Agenda Item No.=T~ 15
Supplemental page 2
There is presently a grove of 6 Pine trees averaging about 30 feet high
that are obstructing the view from the proposed residence. Mr. Bush has
requested that the City remove these 6 trees as a condition of his granting
of the easement. He would then replant ground cover in that area and
thereafter remove any obstructions in the future at property owner expense.
Staff has estimated the City's cost for labor and materials for removing the
trees at approximately $500. The Public Works Director discussed the tree
removal with Mr. Bush on November 9, 1976 in an attempt to dissuade him from
that decision. Since the trees would scar the view from his proposed
residence, however, Mr. Bush remained firm in his resolve to have them
removed.
This slope and the one on the north
entrance to the City. I feel it is
continue maintenance of that slope.
intent and is willing to provide the
plants obstructing the view.
side of "E" Street provides an aesthetic
in the best interest of the City to
The property owner agrees with this
easement subject to his concern about
A transparency is available for Council viewing.