HomeMy WebLinkAbout1977-03-15; City Council; 4095; Slump stone wall - 1701 Evergreen CR_._.._.I .I -3 Public Works c, Mgr,
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EVERGREEN CIRCLE - CONSTRUCTION OF SLUMP STONE WALL WITHIN
PUBLIC RIGHT OF WAY
Mr. Bruce Bain of 1701 Evergreen Circle requests permission to
construct a slump stone wall as shown on the sketch attached to
the encroachment agreement. There is no conflict with existing utilities in the public right of way. Staff has reviewed the
application and recommends approval subject to conditions in the
encroachment agreement.
EXHIBITS :
1. Resolution No. XU//..
2. Encroachment Agreement
RECOMMENDATION:
Adopt Resolution No. sa/./ , approving the encroachment subject to the conditions of the encroachment agreement.
Council Action:
3-15-77 Resolution No. 5011, approving an agreement between the City of Carlsbad and the owner of Lot 1 of Map 8072 for encroachment in Evergreen Circle and authorizing the Mayor to execute said agreement,] was adopted.
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“FCQ;\c! I hG REQUESTED BY
?- WtiEN’ RECORDED MA I L TD:
City Engi neer
C i ty of Carl sbad
1200 Elm Avenue
Carlsbad, CA 92008
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 Le--% \ &z’& cr\y 8c-7~
in the City of Carlsbad, County of San,Diego, State of California, in con- sideration of the grant of permission by the City of Carlsbad to install and
maintaiq an encroachment structure as described and shown on the plat attached (Assessor’s Parcel No. 20s- OSL-(---F~ _-
for the use and benefit of owner’s property, over, and across public right
of way in L--&
covenants and agrees with the City of Carlsbad, as follows:
a safe condition at the sole cost, risk and respons.ibility of Owner and
successor in interest, who shall hold the City harmless with respect to City owned facilities. 2) Whatever rights and obligations were acquired 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 effected by the City’s grant of permission tc cDnstrcct and !xirtaic the encrczchment strLlctlJre. 3) This agreement is made for che dire-ct benefit of Owner’s land abo;?
described and the covenants and conditions herein contained shall run wizh
said land and shall be binding on the assigns and successors of Owner.
4) 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) dzys
after notice of removal or relocation, the City may cause such removal or
relocation to be done and the cost thereof shall be a lien upon said land.
1) The above described structure shall be installed and maintained in
ATTEST:
-___- Ma rga ret E. Adams, C i ty C 1 erk
CITY OF CARLSBAD
APPROVED AS TO FORM:
___. .- Robert C. Frazee, Mayor BY
- -__ -- Vincent F. Biondo, Jr. City Attorr-!ey
sl n/5-3Q-75
EXtIB\T “A”
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. RESOLUTION NO. 5011.
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 1
OF MAP 8072 FOR ENCROACHMENT IN EVERGREEN CIRCLE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California,
loes hereby resolve as follows:
1. That that certain agreement between the City of
Zarlsbad and Bruce Bain, the owner of Lot 1 of Map 8072 for
mcroachment in'Evergreen Circle, a copy of which is attached
iereto marked Exhibit A and incorporated herein by reference, is
iereby approved.
2. That the Mayor of the City of Carlsbad 'is hereby
iuthorized and directed to execute said agreement for and on
Iehaif of 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:
Councillrnen Frazee, Lewis, Skotnicki, Packard and COuncilwomar Cas1 er. AYES: .
NOES : None. ,.
ABSENT: 'None.
iTTEST :
beputy City Clerk
I ._ I.
,,-; %I," I I." ,.LY"Ld I L." Y.
AtiU WHEN F(EC0RDED MAIL TO:
C' City Engineer
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
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 ce-%, \ % 3Q-72-
in the City of Carlsbad, County of San Diego, State of California, in con- sideration of the grant of permission by the City of Carlsbad to install and
maintain an encroachment structure as described and shown on the plat attached:
for the use and benefit of owner's property, over, and across public right
(Assessor's Parcel No. LOS- 0m-e
of way in E La.
covenants and agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installe'd and maintained in
a safe condition at the sole cost, risk and respons.ibility of Owner and
successor in interest, who shall hold the City harmless with respect to
Ci.ty owned facilities.
Whatever rights and obligations were acquired 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 effected by the City's grant of permission
tc. canstrEct and zairtain the encrcschment strLlctnre. 3) This agreement is made for rhe 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.
4) 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 relocation, the City may cause such removal or
2)
relocation to be done and the cost thereof shall
. ATTEST-:
Nora4K. Gardiner, DeDutv City C1 erk -
Vincent Ff Biondol/"Jt-. - City Attorney
s 1 n./5-'30-75
BY
BY
be a lien upon said land.
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C lirY AF CARLSBAD .,X6icI;Z;--
Robert C. Frazce, Mayor
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i SKETCH DRAWN BY OWNER.
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EXHIBIT A &- s i
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