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HomeMy WebLinkAbout1983-09-06; City Council; 7491; Request for Encroachment Permit for Fence at Encina Water Pollution Control FacilitiesciA>F CARLSBAD — AGENOTrBILL AR* ^^/ MTG. 9/6/83 DEPT ENG TITLE: DFDIIF^T FCIP FwrpoAri-iMFNT PFRMTT111 *••" Ktl^Utol rUt\ tlN^KUHUnrlClil rtKrlll FOR FENCE AT ENCINA WATER POLLUTION CONTROL FACILITY DPPT HD. X~ CITY ATTY V^-*/*\ *"5^£CITY MGRAL^—1W-. 0ocea.a. o§ o oo RECOMMENDED ACTION: Approve the requested enrcroachment permit and waive the $50 fee ITEM EXPLANATION: Richard Graff, General Manager of the Encina Water Pollution Control Facility, has asked to be allowed to place a fence immediately adjacent to the sidewalk along Avenida Encinas in front of the operations building. This layout allows the irrigation and landscaping to be inside this fence reducing possibility of damage by the public and will make maintenance much easier. The Director of Utilities has recommended no objection from an engineering point of must obtain a right-of-way permit and any damage that might occur. approval and there is view. The applicant hold the City harmless for In view of the quasi governmental status of the applicant, waiver of the $50 fee is recommended FISCAL IMPACT: None EXHIBITS: 1. Letter from Richard Graff 2. Encroachment Agreement 3. Location Map ENCINA WATER POLLUTION CONTROL FACILITIES July 26, 1983 RECEIVED JUL281983 6200 Avenida Encinas P.O. Box 1005 Carlsbad. CA 92008 Telephones (619)438-3941 (619)438-3954 REF: 1-88-8/59.12 City of Carlsbad Engineering Department 1200 Elm Avenue Carlsbad, California 92008 Attention: Roy Kackley City Engineer Subject: Encina WPCF, Contract 10/11 Location of West Side Fence CITY OF CARLSBAD ENGINEERING DEPARTMENT The Brinderson Corporation is nearing completion on construction associated with Contract 10/11. Landscaping and fencing are two of the items left to be done. We have recently critically reviewed the fence location along the west side adjacent to Avenida Encinas. The project plans show the fence set five feet east of the sidewalk. This layout makes for a very inconvenient arrangement since an irrigation line and landscaping are located west of the fence. Please refer to enclosed plans. The Owner respectfully requests permission to place the fence immediately adjacent to the sidewalk. This layout allows the irrigation line and landscaping to be inside our fence. The irrigation line would not be subject to damage by the public nor be required to spray through the fence. Maintenance of the landscaping would be much easier without working both sides of the fence. If we do not hear otherwise from you by August 9, 1983, we will place the fence next to the sidewalk. If there are questions please let us know. Very truly yours, CBO:RWG/eab Enclosure cc: Roger Greer Tom Murdock EXHIBIT 1 SERVING THE VISTA SANITATION DISTRICT. CITY OF CARLSBAD, BUENA SANITATION DISTRICT. SAN MARCOS COUNTY WATER DISTRICT LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITATION DISTRICT S 400 00 MAJCH LIHE SEE 0 CA'MDSCAPE A ECU 1TECT BROWN AND CALDWELL CONSULTING ENGINEERS EU9ENE • PASADENA • SEATTLE TUCSON • WALNUT CREEK ENCINA JOINT POWERS VISTA SANITATION DISTRICT (LEAD AGENCY) SUBMITTED APPROVED APPROVED REQUESTEDREC'GRD AMD' WHEN RECORDS MAIL TO: City Clerk • City of Carlsbad 1200 Elm Avenue Carlsbad,- CA 92008 ENCROACHMENT AGREEMENT .FOR USE WITH STRUCTURES LIT OVER PUBLIC RIGHT OF WAY In acco'rdance with the provisions of Section 11.0^.090 of the Carlsbad Municipal Code, the undersigned, the owner of the Encina Water Pollution Control Facility 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 attache (Assessor's Parcel No . _J>1 1 ~_0.10 - 0_? 5.., for the use and benefit of owner's property, over, and across public right of way in AYENIDA EMCIHAS ' » .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 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 sa-id land and shall be binding on the assigns and successors of Owner. run with 4) Owner agrees to remove structure upon order from the City. ENCINA WATER POLLUTION CONTROL FACILITY ATTEST: Alclha L. Rautonkranz, City Clerk APPROVED AS TO' FORM: V i nceni:~F . [Ti ondo, C i Ly At torney Richard W. G General Managcr/x CITY OF CARLSBAD . •Mary \\J Casl or, bCEAIMSIDE BUENA VISTA , LAGOON:: ; \r^(! V-J\S VI: i :>i CITY OF CARLSBAD AGUA HEDIONDA LAGOON 'I PACiFiC OCEAN c-oHl5- LOCATION MAP EXHIBIT 3