HomeMy WebLinkAbout1977-06-07; City Council; 5084; Encroachment permit - 5390 Los Robles DRCJTY OF CARLSBAD
AGENDA BILL NO, ,r dP9
, June 7, 1977 DATE :
.
Initial-
Dept.Hd:m .
DEPARTMENT: Engineering C. Mgr, 5
7
ENCROACHPENT PERPn,IT - 5390 LOS ROBLES DRIVE
CONSTRUCT RETAINING WALL
Statement of the Matter
Mr. Robert Daves, owner of 5390 Los Robles, requests permission to
construct an earth retaining masonry block wall as shown on the
sketches attached to the encroachment agreement. Initial review of Mr. Daves' building plans by the Enqineering Department indicates that the block wall may have to be 6f feet in height rather than 4 feet as requested by the applicant. Additional grading and building details are being provided by the 'apFlicant to clarify this dis-
crepancy. There is no conflict with existing or proposed utilities and public improvements in the public riqht of wav.
.Staff has reviewed the application and recommends agproval of an
approximately 6 foot high block wall encroachment subject to conditions
in the encroachment agreement.
. EXHIBITS :
. .. . .I*:- Resolution No. 8'
2. Encroachment Agreement
3. Preliminary site and grading plan
4. Cross-section of encroachment
5. Letter requesting encroachment
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Adopt Resolution No.T/d rapproving the encroachment subject to the
conditions of the encroachment agreement.
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lW. Tim Flaniean
As per our conversation of May 3, concerning my property
on LOS Robles, I am’applyine for a riEht of encroachmeht
for a retaining wall with a Mzximum height of 48”. Max-
imum encroachment on the city ripht of way to be no Closer
than 6’ to the curb, on the side yard borcering on Cerezo,
as per Erading plan.
completion of our project.
Enclosed with application, pleace find our ckeck for $50.
If you have any questions or information, pleese contact
The €rantin€ of this will allow the
me at: 58:*-4048
Plan Check #77-227 c
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CITY OF CARLSBAD
Inter-Office Correspondence
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Attachments: yes Reply requested: )kZ
REPLY:
Date: Signature:
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' RESOLUTION NO. 5108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF
DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
LOT 140 OF rap 3371 FOR ENCROACHMENT IN CEREZO
The City Council of the City of Carlsbad, California, does
ereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
nd Robert Daves, the owner of Lot 140 of Map 3371 for encroachment
n Cerezo Drive, a copy of which is attached hereto marked Exhibit
and incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby author-
zed and directed to execute said agreement for and on behalf of
he City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
ity Council of the City of Carlsbad, California, held on the
7th day of June , 1977 by the following vote, to wit:
AYES :
NOES : None
Councilmen Frazee, Lewis, Packard, Skotnicki and
Councilwoman Casler
ABSENT: None
TTEST :
:L ROBERT C. FRAZEE, M or
E. FH&, ADAMS, C@ty Clerk
(SEAL)
PZCORD I NG REQUESTED BY
City Engineer
Gity of Car1,sbad
1200 Elm Avenue Carlsbad, CA 92008
AIJD N~EN RECORDED MAI I ---: _I-
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ENCROACHMENT AGRE EME NT 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 140 of Terramar Unit No. 5 according to Map thereof No. 3371
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 instail and
maintain an encroachment structure as described and shown on the plat attached
(Assessor% Parcel No. 210-112-07 1
for the Lise and benefit of owner's property, over, and across public right of way in Cerezo Drive
covenants and agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in
a safe 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. 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
to comtrGct and maintai? the encroachment structure. 3), This agreement is made for the direct benefit of Odner's land above
describdd and the covenants and conditions herein contained shall run with said land and shall be binding on the assigns and successors of Owner.
4) Prior to construction of the encroachment, a plan showing the details of the encroachment, means to handle drainacxe, and proposed cjrading work shall
be approved by the City Engineer and Building Director and valid right-of-way,
grading, and building permits issued. 5) 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 relocation to be done and the cost thereof shall be a lien upon said land.
City Attorney 'W
Robert C. Frazee, M.&% BY
sln/5-30-75