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HomeMy WebLinkAbout1977-09-06; City Council; 5176; Encroachment permit - Socorro LN-- . \ -. . 7- @ CITY' OF CARLSBAD AGENDA BILL GO. 5/76 Initial: Dept . Hd .fl2 DATE : September 6, 1977 C. Atty. Vr-4 -- -- DEPARTMENT : - Engineering C. Mgr, 3 - L Subject: ENCROACHMENT PERMIT - SOCORRO LANE APSPLICANT: PONDEROSA HOMES Statement of the Matter The applicant has received building permits for CT 73-29 Unit No. 1 (Carrillo Estates) and proposes to utilize Lots 26 to 33 for their. model home complex. The landscape design includes. a temporary placement of soil over Socorro Lane cul-de-sac which needs an encroqchment permit. For fire and emergency requirements, the applicant proposes to install additional water pipe (dry) all the way to the cul-de-sac and a removable City Engineer. I 10 foot wide gate in the proposed fence to the satisfaction of the ,d C. --. .. . . . EXHIBITS : -... . '- . ._ . 1. Letter requesting encroachment permit 2. Plan of model home complex (wall exhibit) 4. Encroachment 3. Resolution No. "RE C 0 MM E N D AT 1 0 N : 1. Having no conceptual or technical objections to the plan the a staff recommends that the Council adopt Resolution No. approving the encroachment subject to the conditions of the encroachment agreement. 2. Adopt a motion authorizing the Mayor to execute said agreement. Council action 9-6-77 Resolution #5189 was adopted, approving agreement between City and owner of Lots 26 to 33 of Map 8506 for Encroachment in Socorro 'Lane. 1 July 18, 1977 City of Carlsbad 200 Elm Carlsbad, Ca. 92008 Engineering Depm;-tment Attention: Tim Flanagan Re: Model "ne Caplac, Carrillo Estates, County Tract 73-29 DearMr. Flanagan: We are requesting an encma-t pennit on Soccorro Lane cul-de-sac in conjunction with our del hopue catplex. and install a dirt mound, concrete walk, fence and grass. We plan to delete the paving Enclosed is our check for fifty dollars ($50.00) to cover the prooessing fee, a capy of the engineer's estimate, and the landscape plan. We will need the permit for approximately eighteen mth. SinCeEly, - HOMES Project Manager 7 RECEIVED' JULl 8 1977 CITY OF CARLSBAD Engineering Department 2 . 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1E 1E 1% 2c 21 22 22 24 25 26 27 2e -'* . . RESOLUTION NO. 5189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF, LOTS 26 TO 33 OF MAP 8506 FOR ENCROACHMENT IN SOCORRO LANE AND AUTH0,RIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad: California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the owner of Lots 26 to 33 of Map No. 8506 for encroachment in Socorro Lane, a copy of which is attached hereto marked Exhibit A and i zed City City ncorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- and directed to execute said agreement for and on behalf of thc of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Council of the City of Carlsbad, California, held on the 6th day of September , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Sk0tnick.i and NOES : None Councilwoman Casler ABSENT: None ATTEST: \ ROBERT C. FRAZEE, May '0 '. (SEAL) ,--- ,' P.ETdRDI.NG REQUESTED BY - . ANC WHEN RECORDED MAIL J: City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, California 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 Lots 26 to 33 of Map 8506 filed .in the Office of the County Recorder, February 28, 1977 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 plat attached for the use and benefit of owner's property, over and across public right-of-way in Soccorro Lane 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 ful: force and effect and shall in.no way be affected by the City's grant of permission to construct and maintain the encroachment structure. 3) 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. 10 foot gate in the proposed fence for courtyard access from Soccorro Lane, adequate interior clearance for emergency access, and a dry waterline pipe designed to meet the fire flow requirements. 5) A bond, based on 100% of the engineer's estimate for the removal of the encroachment material, shall be posted prior to construction. No construction or placement of combustible materials on the proposed lots fronting on Soccorro Lane 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. 4) The plan shall include a 6) 7) This agreement shall remain in full force and effect foraperiod of 18 months from the date of signature. the permittee at least 30 days prior to the expiration of the permit. It may be extended by City Council upon written request by c . .. .- 8) This agreement is revocable by the City on thirty (30) days written notice by the City Engineer. 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 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 Should the owner or his successors fail to remove or relocate the I work to be done. Kai ser-Aetna, a Cal iforna General Partnership i i i i CITY OF CARLSBAD t I 1 , . ROB T C. FRAZEE, Mayor / BY City Attorney a- - .. . - 2- c3 N oo"22' 19'' E. 2 I 120.00' I I 4EE RICK ENGINEERING COMPANY ~2o FRIARS ROAD SAM DIEGO.CALIFORNIA. 92110 i M 00'22' WE. 259 -- 9HEE-T I 7 1.00' UTILITY AND ?ANTIN& .