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Home My WebLink About1977-03-15; City Council; 4094; Shapell Industries encroachment permit_._ .... .. .- .......... .- .__ March 15 1977 ,'\7 lit ...... .__ .. ......... ~ .. ..I. ._ ....- .. _-_- ... ._ ... ... ,..J.'AJ E I ....... .--En.@.nes-?GLE3_ . -__._._ .- __.. --. c. ' .: ,. - 3 - - .. - . .... _. .___^.-...-.I .. -.._.- .- ............ ...................... -- ............ ENCROACHMENT PERMIT - PERENNE PLACE APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, Inc. ............................................... .I--^ .- ... .._^__I-.--.---*-"-..-- ............ ..- ..................... The applicant has received a building permit for six model homes to be constructed on lots whose design is shown on the approved tentative map of CT 76-10. placement of soil over Perenne Place, which is dedicated and being improved as a part of CT 75-7 (Green Valley Knolls), a recorded map which created the CT 76-10 parcel. This earthwork encroachment is for a landscaped courtyard in the model home complex, which includes a temporary sales building and parking lot on an opposite lot presently owned by La Costa. When CT 76-10 is recorded, it will create an additional 11 lots behind the models and the proposed street encroachment. They have proposed a temporary EXHIBITS : Letter requesting encroachment permit. Plan of model home complex (wall exhibit). Preliminary plan of CT 76-10 final map (wall exhibit). Resolution No. Encroachment Agreement RECOMMENDATION: Having no conceptual or technical objections to the plan, the staff recommends that the Council adopt Resolution No. approving the encroachment subject to the conditions of the encroachment agreement. ,qQ/b Council Action: 3-15-77 Resolution No. 5010, approving an agreement between the City and the owner of Lot 227 of Map 8379 for Encroachment in Perenne Place and authorizing the Mayor to execute said agreement, was adopted. RECOIiDING REQUESTED BY , Af?p WHEN RECORDED MAIL A City Engineer City of Carlsbad 1210'0 Elm Avenue Catlsbad, CA 92008 . - -4' ~~~~ ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER'PUBLIC RIGHT OF WAY . In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Lot 227 of Map 8379, filed in the office of the County Recorder September 14, 1976, in the City of Carlsbad, County of San Diego, State of California, in consideration of the grant of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the Dlat attached for the use and benefit of owner's property, over, and across public right of way in I Perenne Place cotrenants and agrees with the City of Carlsbad as follows: a iafe condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless with respect to City owned facilities. 1) The above described structure shall be installed and maintained in 2) Whatever rights and obligations were a-ired by the City with respect to the public right of way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the encroachment structure. This agreement is made for the direct benefit of Owner's land above described and the covenants and conditions herein contained shall run with said land and shall be binding on the assigns and successors of Owner. Prior to construction of the encroachment, a plan showing the details of the encroachment, means to handle drainage, and required facilities for fire and emergency shall be submitted and approved by the City Engineer and Fire Marshall. fence for courtyard access from Perenne Place, adequate interior clearance for emergency access, and, if required, special interim hydrant placement. A bond, ba$ed on 100% of the engineer's estimate for the removal of the encroachment material, shall be posted prior to construction. No construhtion or placement of combustible materials on the pro- posed lots fronting on Perenne Place or its tributary streets shall be permitted until the encroachment is removed or an all-weather access approved by the City Engineer and Fire Marshall is provided; however, in the latter case, no occupancy of structures on the lots shall be permitted until the encroachment is removed. 7) Map No. 8379, acknowledging the encroachment plan as it affects that lot for the duration of the permit, shall be provided prior to construction. 3) i 4) The plan shall include a 12 foot gate in the proposed 5) 6) An agreemeht or letter of permission from the owner of Lot 226 of I e e 8) This agreement shall remain in full force and effect for a period of 18 months from the date of signature. upon written request by the permittee at least 30 days prior to the ex- piration of the permit. 9) This agreement is revocable by the City on thirty (30) days written notice by the City Engineer. Should the owner or his successors fail to remove or relocate the installation herein permitted within thirty (30) days after notice of removal or re1ocation;the City may cause such removal or relocation to be done and the surety executing the bond for removal shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing such work to be done. It may be extended by City Council I ATTEST: Deputy City Clerk APPROVED AS TO FORM: CITY OF CARLSBAD city Attorney .v Corporation Acknow ledgmcnt , 19?7$fop, Known to me to be the Known to me to be the Secretary of the corporatick that executed the within instru- ment, and Known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and awnowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State -. .' c CITY OF CARLSBAD (114) ILY-llUL - - ENGXNEERING DEPARTMEh 1200 Elm Avenue Carlsb'ad, California 92008 Job No. Via: Messenger 0 Blueprinter ATTN: a Mail 0 Pick-up [3 Other - SUBJECT : . We are sending you RHerewith Under Separate cover OTentative Map OTitle Sheet OTract Map 0 Grading Plans Ostreet Plans usewer Plans nwater Plans OStorm Drain Plans OPrints of Transparences of @originals of . 0 structural plans Osurvey Plat UTopographic Map Ospecifications fl As noted 8 As requested @for your approval These are: OFor your files DPlease return UFO= your use mother UFor your information Make corrections as noted and resubmit: OFor signature OFor recheck copy to: . -. . . . . .. -. ^I .- - 1 (. , (. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 April 18, 1977 c TELEPHONE: VlJ) 729-1 181 - EF.F I N G E R SHAPELL APR 19 1977 Shape11 Industries 3272 Rosecrans San Diego, California 92110 Attention: Mr, Darby Gentlemen: I have noticed that your methods of residential construction in the Green Valley Knolls subdivision in Carlsbad include using the public rights of way for storage of materials. Russ Morrison, our Constructio2i Inspector assigned to that area, tells me that repeated requests to keep the street and sidewalk area clear are to no avail. The subdivision developer, La Costa Land Company, has requested that the public improve- ments be accepted and that the City accept maintenance and I ~ liability responsibilities for the public streets. Would you please contact me at your earliest convenience indicating when you will be in compliance with City ordinances with respect to public rights of way. your request for the encroachment over the cul-de-sac for landscaping of your model complex, We can also then discuss Very truly yours, City Engineer TCF : ms c: Russ Morrison Building Official Shapell Industries of San Diego, Inc. February 3, 1977 City of Carlsbad Engineering Department 200 Elm Carlsbad, CA 92008 A Subsidiary of Shapell Industries, Inc. 3272 Rosecrans Street San Diego, California921 10 714 222 0345 Attention: Mr. Dan Groth Engineering Department RECEIVED FEB 0 4 1977 CITY OF CAHLSEkD Engineering Department Dear Mr. Groth: As per our telephone conversation of this date, we are formally requesting an encroachment permit on Perenne Place so that we may proceed with our model home complex according to the plans submitted to you on Monday. Enclosed is our check for fifty dollars ($50.00) to cover the processing fee. It is our hope that we will receive confirmation from you that this matter will be before the Council fortheir March 1st meeting. Please contact the undersigned for any further information that you may need from us. Very truly yours, SHAPELL INDUSTR OF S& DIEGO, INC. Micha M(k 1 C. R s on, Project ManagerL MCR: bb - .-. ..__I ... .. . I . ... .- . .. . _- - ." i -- - ’\ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1 181 April 18, 1977 Shape11 Industries 3272 Rosecrans San Diego, California 92110 Attention: Mr. Darby EFFINGER SHAPELL APR 19 1977 Gentlemen: I have noticed that your methods of residential construction in the Green Valley Knolls subdivision in Carlsbad include using the public rights of way for storage of materials. Russ Morrison, our Construction Inspector assigned to that area, tells me that repeated requests to keep the street and sidewalk area clear are to no avail. La Costa Land Company, has requested that the public improve- ments be accepted and that the City accept maintenance and liability responsibilities for the public streets. The subdivision developer, Would you please contact me at your earliest convenience indicating when you will be in compliance with City ordinances with respect to public rights of way. We can also then discuss your request for the encroachment over the cul-de-sac for landscaping of your model complex. Very truly yours, City Engineer TCF : ms c: Russ Morrison Building Official CITY OF CARLSBAD - ENGINEERING DEPARTMEh- 1200 Elm Avenue Carlsb’sd, California 92008 Via: ATTN : (714) 729-1181 Job No. DMessenger 4 ;:;;printer U a Pick-up r] Other SUBJECT: . We are sending you @Herewith Under Separate cover DPrints of OTransparences of @Originals of Tent at ive Map 0 street plans Ostructural Plans UTitle Sheet 0 Sewer plans nsurvey Plat Tract Map Owater Plans UTopographic Map Grading Plans OStorm Drain Plans nspecifications Mother ~~Cnort#~~M &-&E& &d&d/~ d WiX ~=G&D These are: As noted 8: As requested Bfor your approval OFor your files LIFO+ your use aFor your information - Uplease return UOther Make corrections as noted and resubmit: =For signature UFor recheck copy to: .-/p- 77 / I I 1 2 3 4 5 6 7 E s 1c 13 1: 1: 11 l! 1t 1: 1t l! 2( 2: 2: 2: 21 2! 2( 2: 21 2! 3( 3: 3: c. RESOLUTION NO. 5010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF LOT 227 OF MAP 8379 FOR ENCROACHMENT IN FERENNE PLACE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That that certain agreement between the City of Iarlsbad and the owner of Lot 227 of Map No. 8379 for encroachment in Perenne Place, a copy of which is attached hereto marked Zxhibit A and incorporated herein by reference, is hereby approved. 2. That the-Mayor of the City of Carlsbad is hereby nuthorized and directed to execute said agreement for and on behalf >f the City- of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 5ty Council of the City.of Carlsbad, California, held on the 15th day of March , 1977 by the following vote, to wit: c AYES: Councilmen Frazee, Lewis, Skotnicki , and Councilwoman Casler. NOES: None. ABSENT : . None. ITTEST : Q. 40- K. GARDINER dem- ROBERT C. FRAZEE, Ma+r leputy City Clerk (SEAL)