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City Council Meeting
Encroachment License and Public Use Easement Agreement for Private Development at the Northwest Corner of State College Boulevard and Birch Street
Accept and authorize the City Clerk to record the Encroachment License and Public Use Easement Agreement.
On June 27, 2017, Planning Commission approved Resolution Numbers PC 2017-05, PC 2017-06, and PC 2017-07 for a proposed private mixed-use and hotel development located at the northwest and northeast corners of State College Boulevard and Birch Street. Resolution No. PC2017-07, which was for the mixed-use multi-family development located at the northwest corner of State College Boulevard and Birch Street, included Conditions of Approval for the property owner, Brea Place Acquisition Partners, LLC, to provide details for the review and approval of the City Planner regarding the open space landscaped courtyards and patio areas along Birch Street. These details were conditioned to serve the goal of providing for both private project and public streetscape amenities and use areas and for active and passive use of the landscaped and hardscaped areas along Birch Street.
The proposed improvements were subsequently reviewed and approved by City staff under corresponding building permits, with the condition that the applicant enters into an Encroachment License Agreement with the City, allowing for private improvements to be located within the public right-of-way and public easement areas and a condition that the applicant dedicates a Public Use Easement to the City of Brea, allowing for the use of the Public Use Easement Area by the public. See Attachment A for an exhibit that showcases the Public Use Easement Areas' location and describes the Encroachment Improvements. The Engineering Division and the City Attorney have reviewed and approved the Encroachment License and Public Use Easement Agreement for the proposed Encroachment License and Public Use Agreement and Public Use Easement Agreement. Refer to Attachment B, included herein, for the Encroachment License and Public Use Easement Agreement.
There is no General Fund impact from accepting this Encroachment License and Public Use Easement Agreement. Therefore, staff recommends that City Council consider accepting and authorizing the City Clerk to record the Encroachment License and Public Use Easement Agreement.
William Gallardo, City Manager
Prepared by: Ryan Chapman, P.E., Assistant City Engineer
Concurrence: Michael Ho, P.E., Director of Public Works/City Engineer
Attachment A - Public Use Easement Areas
Attachment B - Encroachment License & Public Use Easement Agreement
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