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HomeMy WebLinkAbout1979-06-05; City Council; 5863; LICENSE OF ACCESS AND RIGHT OF WAY ACROSS CITY PROPERTY |BASSWOOD AVENUE|I > Initial: C. Attya c) CITY OF CARLSBAD V * *I AGENDA BILL NO. DATE : JUNE 5, 1979 CITY M7lNAGER 5 rfO ,3 s Dept . Hd. - -+ C, Mgx, ’1 LICENSE OF ACCESS AND RIGHT OF WAY ACROSS CITY PROPERTY DEPARTMENT; Subject : (BASSWOOD AVENUE) S,taternent of the Matter The City of Carlsbad owns a 60 ft. by 200 ft. lot in the 1600 block of Basswood Avenue. By Conditional Use Permit, Mr. Maldonado is using this lot for ingress and egress to his nursery which is otherwise landlocked ground. As a condition of the C.U.P., Mr. Maldonado is to surface 20 fe of the lot to keep dust from blowing into neighboring homes. 1’ Maldanado has agreed to do this. In order for him to proceed, it is necessary to grant him an license over the Westerly 20 f Exhibit License for Access and Right of i7ay. Planning Commission Resolution No. 1144 approving CUP Recommendation Council authorize Mayor and City Clerk to sign license for acce and right of way across City property. Council Action: 6-5-79 Council approved the staff recommendation and authorized the Ma and City Clerk to sign license for access and right of way acro Ci ty property. U I /cd .- I. &!%I, * ,““i ‘l; I‘ F- pd‘ L P -----_ 03,. 3 -c*-’ -__ ~ _.I _x --*---__ ;* w 1: v h L 0. d!Lw uf d &d h&i. /&-Q- i d n d- de: 4-L &o dw -f Lvdrjl-- =pM L FRQM TO DEPARTMENT I MAYOR via CITY "AGZR I I [ CWL~CU, via CITY MANAGER Il!?ITIAL - I I I I I I I I CITY mmm ASSISrnW CITY LtlANAGER CITY ATIDFNEY CITY CLERK T€?msmm BUILDING We -4 1- ; -* 2.. 7; -- 1% mQ 1 Fi ,i 3 KePyrn Tq .. ,* >- i -:is.., .; .: '. I .\ < x-- ., *, 2 J I SPACE ABOVE FOR RECORD1 LICENSE FOR ACCESS AND RIGHT OF WAY AND ACROSS CITY PROPERTY /2 day of TU AJE t-4 This license is made as of the 192, between City of Carlsbad, a municipal corporation organized under the laws of the State (hereinafter called "City") and David Maldonado and Olivia Maldonado, husband and wife as joint tenants (hereinafter called "Licensee"). RECITALS: WHEREAS, Licensee wishes to comply with Condition 9 of City of Carlsbad CUP-107, imposed on March 25, 1975; and WHEREAS, Licensee has a terminable authorization pursuant to CUP-107 to use for construction and operation of a greenhouse property som,etimes referred to as Assessor's Parcel No.205-060-10; WHEREAS, This license will facilitate Licensee in complying with said condition; and WHEREAS,, this license is not necessary to prevent Assessor's Parcel No. 205-060-10 from being or becoming landlocked, but is granted merely as a convenience to Licensee; NOW, THEREFORE, the parties hereto, for valuable consideratio receipt of which is hereby acknowledged, and in consideration of the covenants and agreements hereinafter set forth, covenant and agree as follows: - -;a Ljq -1 t. 1. City licenses and permits Licensee to pass for access purposes through, over and across City property located in the City of Carlsbad, County of San Diego, State of California as described more fully in Exhibit A attached hereto and made a part hereof. 2. Licensee shall, at Licensee's own cost and expense, construct and at all times maintain to the satisfaction of the City Engineer a road for such access purposes. All work and materia employed in the construction and maintenance of said road shall be subject to the approval of the City Engineer. not meeting the approval of the City Engineer shall be immediately removed by Licensee. Work or materials 3. Licensee covenants at all times to indemnify and save harm- less City and shall- pay in full all loss, damage or expense that Cit may sustain, incur or become liable for, resulting in any manner frc the construction, maintenance, use, state of repair of said road or from the grant or exercise of this license, including any such loss, damage or expense arising out of (a) loss of or damage to property or (b) injury to or death of persons. 4. Licensee shall not exercise this license so as to create a nusiance to the neighbors. 5. This license may be terminated by City upon thirty day's notice in writing to be served upon Licensee, stating the day of thc month that such termination will take place; and upon the expiratior of the time specified in such notice, this license and all rights and privileges of Licensee shall absolutely cease. This license -2- ro w .r I*;<) 1 shall terminate in any event u on the happening of any of the following conditons: P a. The death of the Licensee; b. The transfer by Licensee by any means whatsoever of Assessor's Parcel No. 205-060-10 or Assessor's Parcel NU, 205-060-11; c. Licensee ceases to use Assessor's Parcel No. 205-060-10 for the purposes specified in CUP-107; d. Licensee's authorization to use property pursuant to CUP-107 ceases; e. The transfer by Licensee of any of the rights and privileges granted by this license; f. The transfer by City of the property described herein. 6. Notice shall be deemed given upon mailing by first class mail, properly addressed by Licensee, at the following address: City of Carlsbad, 1200 Elm Avenue, Carlsbad, CA 92008 - IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year above written. CITY OF CARLSBAD, a municipal c( of BY BY ATTEST : City Clerk LICENSEE , S TO FORM: ') BY ry&2 h+ OlrGia Mal onado t -3- -(e -m 6 1I.% COY?-* :x+(/,@ \- *- (* '_;-<.'?E3 :=I,; ,. mlBIT '7~19 \ ;I. PARC rL 1 : ALL that portion of Tract 123 of Carlsbad Lands, in t'?e Counzy of San ' State of California, according to ?lap thereof ':Q. 1661, filed in tlie c the County Kecorder of Szn Diego County, :larch 1, 1915, described as 1 Beginning at the point of intersection of the EasterLy boundary line c Strert with zhe Sortherly line of Basswood Avenue, as said Itighlanc! Sr said Basswood Avenue are shown on X2p of 'Jim Lands, Xo- 1681, fiied i Recorder's Office of San Diego County, Decenber 9, 2915; running theoc 50"05'20" East aLong the Sortherfy boundary line of Sasswood Avecue 8 of 367.22 feet to the TRUE POIST OF BEGIXIXG; L~.sRc~ Xo=.th 31"13'20" G,Lscailce of 167.93 feet to a poir,t on the Xortinesterly 1i:ie of lznc! d in deed to Thomas 3. Lewis, et ui;, recorded. January 25, L92T in Book I 483 of Deeds; thence South 5@"05'70" Kesr along said :<oithwesterly lin Lewis' land, 95.LO feet to a point on the Southeasterly prolongation o easterly line of land described in deed to XathiEda J. 'Ciederhold, rec 11, 1930 in Sook 1754, page I14 of Deeds; thence Xorth 3L033'00" '..:est Southeasterly prolongation of said Sortheasterlp line along said :\:out11 line and its Vorthwesterly prolongation, 117-85 feet to an intersectio, the Southeasterly line of land described in deed to Frediirick A. 1.31Lte dated Decentbet '., 192L and rzccrdtd in Book 1121, ysge -36 or^ uezbs; ci along said Southeasterly liae of !;iiite's Land, Sorirh 55'27'QO" East a c of 191.55 feet to t!ie Korthwesterly corner of lax? described in deed tc F. [Jiederhold, recorded April 11, 1929 in Book 1601, page 433 of Deels; along the Southwesterly line of said JilLiarn F. lIicderho1d lands, Souch East, (Deed South 3L012'20" EdSt) a dLStanCe of 569.11, feet to t!le Kart line of Basswood Avel-rue; thence South 50"05'20" West along said :;ortb,er oE Basswood Avenue, a distance of 80.00 feet to the TX'E POIST OF BEGI? PARCEL 2: An easement for the purpose of installing and maintaining a water pipe Over that portion of Tract 123 of CarlsSad Lands, in the L'ount;j oE Sa:: the County kecorder OE San Diego County, Xarch 1, 1915, described as fo 2eginning at a point on tke center line of riighlarrd Street distant tiler :;orth ?i'35'0Q" i;est, 264.99 feet from a concrete noauaect marking the : section of the ceritcr liaes of saic! ;!isbLard Street an? Cass:sso:! ~::2sc si~r.;n or1 :.:ap of 1:qum Lands SO. LhSL, file2 Lr: ~kk~ 23i::i:y ~~ci?rde~'s off- Decenber 9, 19L5, said point being the nost SoatherLy corner 05 1a;l.d de: /* z1 deed to ~2rl LC. Eernert, et u-.:, recorded 3,:Dri.l IS, ~9~9 in ~ooh 3173, 3 0 of OEficisL Records; t!;gnce ?:ort'n 5OCf>5'20'' East along the Sou:!leasi line of said !;ennett's land, a distance of 277.00 feet, -ore or less, tc L -- State of CaLi€ornfa, zczorting tc ?lap :heresf ?YO. ir? LD'J~, filed in the of 8 (?J a ntersecriort riitii the Southezsterty prolongation DE tile ';ortiieasterl:; lj o o OF land described in deed to >!zthilr!a J. L'iederliold, recarzed ':arch ?I, it7 gook 1754, pa2e 114 of Deeds; thence South 34'33'C0" East alo~g szid easterly prolonyation a distance of 3.00 feet-; t:icnce Soci~h 50"05'20" ::e -- *?ZD discnnce of 277.00 feet, more or less, to the center line af :!i<hlznd st <-z&-i!+ t!ierice Norti1 31c'33'00" :.!est alonl: said center Line, 3.Gii feet to the ?oi ,7-5756$? Of ?leginning;. 8 # I ;y-** s' L, v- 1 i.,r *- "ACE NO.------- . qr;~i 1373 RF.cORDPJ RLL'ilEST tF '. I' ]I[ 1 19 p !,!!'?I! OFFICI I ,,.,il?DS RE CU a0 E R SAH OlEGO COUNTY, CALIF. I ., . ; O'ULj *J 1 2 3 4 5 6' 7 8 9 10 2.1 12 13 14 15 16 17 18 3.9 20 21 22 23 24 25 26 27 28 29 30 31 32 -5- w I i PLANNING COMMISSION RESOLUTION No. 1144 RESOLUTION OF THE PLANNING COfIMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE CONDITIONAL USE PERFIIT TO ALLON CONSTRUCTION OF A GREENHOUSE USING SHEET PLASTIC 014 PROPERTY LOCATED AT 1590 DAVID AND OLIVIA MALDONADO I BASS'JOOD DRIVE. CASE ?IO. CUP-IO7 , APPLICANT: I WHEREAS, a verified application for a certain property, to wit: A portion of Tract 123 of Carlsbad Lands in the County of San Diego, State of Catifornia, according to Map 166, filed with the San Diego County Recorder on March 1 a 7915; has been filed with the City of Carlsbad and referred to the Planning C ' and, WHEREAS, said verified application constitutes a request as provic Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place in said notice on March 25, 1975; and WHEREAS, the applicant has complied with the Public Facility Polii City of Carlsbad and has provided the necessary information which insu Public Facilities will be available and current wfth need; and . WHEREAS, the subject mplication has complied with the requiremen The ap City of Carlsbad "Environmental Protection Ordinance of 1972". filed an Environmental Impact Assessment for grading and construction greenhouses, The project was declared to have a non-significant effec environment because it does not appreciably alter the landforms and a1 only agricultural use; and WHEREAS, at said public hearing, upon hearing and considering th and arguments, if any, of aJ1 persons who desired to be heard, sa{d C considered all factors relating to the Conditional Use Permit and fog following facts and reasons to exist: 1. The requested use is necessary or desirable for the develop the community, is essentially in harmony with the various e and objectives of the general plan, and is not detrimental existing u5es or to uses specifically permitted in the zone the proposed use is to be located because: a) The General Plan indicates that agriculture is a desii interim use for land within the City's core. ' .. ,- m' - i' 5 6 7 a 9 PO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3. All of the yards, setbacks, walls, fences, landscaping, and ( features necessary to adjust the requested use to existinq 01 permitted future uses in the neighborhood will be provide2 ai tained in that: a) The site will be separated from surrounding lots by exii embankments. b) The site will be surrounded by a view obscuring fence. The street system serving the proposed use is adequate to prr handle all traffic generated by the proposed use because tra generation from the use will be small. NOW,'THEREFORE, BE IT RESOLVED by the Planning Commission of the I 4. Carlsbad as follows: 1 A) 5) That the above recitations are true and correct. That a Conditional Use Permit is approved to allow construct greenhouse using sheet plastic on property located at 1590 B and is subject to the following conditions: 1) The approval is granted for the land described in the a cation and any attachments thereto, and as shown on the plan submitted and filed in the Planning Department lab Exhibit A, dated 2/20/75. The location of all building signs, roadways, parking areas, landscaping, and other or features shall be located substantially as shown on plan labeled Exhibit A, except or unless indicated othe herein . Unless the construction of the structure or facility is not later than one year after the date the approval is matically become null and void. All requirements of any law, ordinance or regulation of State of California, City of Carlsbad, and any other gc mental entity shall be complied with. The applicant shall install a view obscuring wall or he all sides abutting lots with residences in a manner acc to the Planning Director. The applicant shall keep the plastic greenhouse coverir repair at all times. The use shall be subject to peric review by City staff to ensure that this condition is t The applicant shall limit building coverage to that pel 2) and is diligently pursued thereafter, this approval wil 3) 4) 5) 6) I' /j 30 31 32 the appl icable zone. NO night liqhting shall be permitted for the purpose 0' flowers . 7) - 2- .,..* -> mq i i w (i 1 2 3 8) 9) The property shall be graded so as to drain to the swth Basswood . Any access road from Basswood be surfaced with a suitabl material to cut down dust. 4l 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 10) This permit shall be reviewed on a five-year increment 5 in March, 1980, to determine the following: a) The greenhouse is still compatible with surroundin! b) The structure has been maintained in good and safe c) The driveways have been maintained in a dust-free r PASSED, APPROVED AND ADOPTED at a regular meeting of the City of I Planning Commission held on March 25, 1975 by the following vote, to w ComWi ssi oners Domi nguez , Fi kes 7 Jose, I ' Heureux 7 Wrench AYES : NOES: None ABSENT: Commissioner Watson ABSTAIN: None /" ,c / ?{. : -v!d'/*' ' ' &,/y><, GaryJr enc h , C hai rman ATTEST: 23 24 25 26 27 28 29 30 31 32 -3-