HomeMy WebLinkAbout1977-09-20; City Council; 5186; Encroachment permit - 7771 Pendon CT~-
CITY OF CARLSBAD
AGENDA BILL NO. r/fd Initial:
DATE : September 20, 1977 C. Atty&?@ -
Dept . Hd .yu
-
C. Mgr. 3 - DEPARTMENT : Engineerinq - -
Subject: ENCROACHMENT PERMIT - 7771 PENDON COURT
COUNSTRUCT RETAINING WALL
Statement of the Matter '
Dr. Cherie G. Royce, owner of 7771 Pendon Court, .requests
permission to construct an earth retaining masonry block wall approximately 1.5' high and 77 feet long within the public right- of-way.
There is no conflict with existing or proposed utilities and
public improvements in the public right-of-way.
Staff has reviewed the application and recommends approval of the
block wall encroachment subject to conditions in the encroachment
agreement.
E XH I B ITS :
1. Resolution No. r&83 2. Encroachment Agreement
3. Letter requesting encroachment 4. Location Map
RE C 0 M M E N D AT I 0 N :
Adopt Resolution ~0.5203 approving the encroachmen-t subject to
the conditions of the Encroachment Agreement.
- Counci 1 action
9-20-77 Resolution #5203 was adopted, approving an Agreement between City and owner of Lot 17 of CT 72-24 for encroachment in Pendon
Court.
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???SOLUTION NO. 5203
A RESOLUTION OF THE CITY COUMCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE OWNER OF LOT 17 OF
CT 72-24 FOR ENCROACHMENT 1P.J PENDON COURT AND AUTHOR-
IZING THE MAYOR TO EXECUTE SAID AGREEPENT
The City Council of the City of Carlsbad, California, does
iereby resolve as follows:
1. That that certain agreement between the City of Carlsbac
ind ,Dr. Cherie G. Royce, the owner of Lot 17 of CT 72-24, for en-
zroachment in Pendon Court, a copy of which is attached hereto
marked Exhibit A and incorporated herein by reference, is hereby
ipproved.
2. That the Mayor of the City of Carlsbad is hereby
iuthorized and directed to execute said agreement for and on behalf
>f the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular rneetivq 62 the
:ity Council of the City of Carlsbad, California, hell! on the
20th day of September , 1977 by the following vote, to wit:
AYES : Councilmen Lewis, Packard, Skotnicki and
NOES : None
ABSENT : Councilman Frazee
Councilwoman Casler
ROBERT C. FRAZEE, Mayor2
ITTEST :
(SEAL)
KtLUKU I NG KtYUtb I tU BY
AND WHEN RECORDED MAIL TO:
-2ify Engineer
City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
ENCROACHMENT AGREEMENT
..- 'FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
EXHJBJT "A" In accordance with .the ~rovisions of Section 11.04.090 of the Carlsbad
Municipal Code', the undersigned, the owner of Lot 17 of Carlsbad Tract 72-24 according to Map thereof No. 7895
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 attachec
for the use,and benefit of owner's property, over, and across public right
of way in Pendon Court.
(Assessor's Parcel No. 216-340-17
covenants and agrees with the City of Carlsbad, as follows:
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.
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 construct and maintain the encroachment structure. ier's land above
1) The above described structure shall be installed and maintained in
2)
TO 449 c ;hall run with
(Corporation) @ of Owner.
} ss. STATE OF CALIFORNIA
COUNTY OF San Diego
State, personally appeared Robert C. Frazee
w known to me to be the a w kI1own to me 10 be I known to me to bc the persons who executed the within
Instrument on behalf of the corporation therein named, and 9 acknowledged to me that such corporation executed the within instrnment pursuant to its by-laws or a resolution of its board
on e P t emb e r 2 3 5 1 9 7 7 before me, the undersigned, a Notary Public in and for said
Mayor
C 1 e r k %%&&.&, and -..--bkr_oarPtw-,
&&Mkiy. of the corporation that executed the within Instrument, C i t Y
~ 11-1*11111 1111-11- clluo=- -"i
I OFFICIAL SFAL t I I
I I
SHEILA E. TARVIN
SAN DlEGO COUNTY . ':
bllllllllll nrr c I "WI .. d Y - r_ G'..,
. P Notory Public-Colifornia
Signatur 8 My Commission Expires Nov. 24. 197:
J
hall apply for
. public facili-
to the retaining
ng construction
) days written rs fail to
irty (30) days
removal or
n said land.
/&-
Cherie d. Royce
(Thlr area lor officinl notarial Seal) __-.
, .. CARLSBAD
BY
County of San Diego V'On this 8th day of September,
1977, before me Geqrgia I. Faris a Notary Public in
and for said County, personally appeared Cherie G.
Royce known to me to be the person whose name is sub-
scribed to the within instrument and acknowledged that
she has exec ted the same.
Georgia I. F$zi~
ip
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