HomeMy WebLinkAbout1987-06-09; City Council; 9039; Above ground encroachment - Centre Dev.\B#AL
ATG. 06/09/87
IEPT. ENG
RECOMMENDED ACTION:
ABOVE-GROUND ENCROACHMENT
PERMIT - PALOMAR AIRPORT ROAD
TITLE:
(CENTRE DEVELOPMENT) CITY ~~~322-
Adopt Resolution No. 9 /O f approving the above-ground
encroachment for Centre Development and authorize the
City Manager to sign the Encroachment Permit.
ITEM EXPLANATION
Centre Development has requested an above ground
encroachment permit for a retaining wall and planter
boxes along Palomar Airport Road west of Camino Vida
Roble. The purpose of the wall is to allow for the
widening of Palomar Airport Roadwithouthavingto relocate
an existing SDG&E transmission tower. The developer
claims relocation of the tower would be too costly and
would delay opening of Palomar Airport Road along this
project for another year.
Staff has worked with the developer in preparing a suitable alternative to relocation of the tower. The retaining wall and planter box proposal was brought before the
Planning Commission and received their support by a six
to one margin. The developer has agreed to permanently
maintain the planter boxes and landscaping. In addition,
the developer has agreed to re-landscape and maintain
the median landscaping adjacent to their project as a
condition of Commission's acceptance of their proposal.
FISCAL IMPACT
None.
EXHIBITS
.. 1.
2.
3.
4.
Location Map.
Letter requesting encroachment permit dated May 14,
1987.
Resolution No. 9 /Or approving the above-ground
encroachment for Centre Development and authorize the
City Manager to sign the Encroachment Permit.
Encroachment Permit.
PROJtCT NAY* I ENCROACHMENT
c
1960 Carnino Vida Roble
Cnrlsbnd, CA 92008
(619) 931-0245
May 14, 1987
City of Carlsbad 2075 Las Palmas Drive
Carlsbad, CA 92009
Attn: Mr. Bob Wojcik
Re : Carlsbad Airport Centre
Above Ground Encroachment Permit
Gentlemen:
In accordance with your procedures, we hereby request the issuance
of an above ground encroachment permit for our retaining wall and
planter walls along Palomar Airport Road near the SDG&E transmission
tower.
We have attached our plan view drawing prepared by The McIntire
Group dated April 29, 1987. We have also attached our check for the
$50.00 processing fee.
Please advise if we can be included on the agenda for the May 22,
1987, City Council meeting. Should you have any questions, please contact the undersigned.
Very truly yours,
CENTRE DEVELOPMENT
Frank A. fiagner
P r o je c t Ma nage r
A
Project FAW:st Encl. Of
Centre cc: file
Development F . Gr iswold
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RESOLUTION NO. 9108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING THE ABOVE-GROUND ENCROACHMENT FOR CENTRE
DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO SIGN THE
ENCROACHMENT PERMIT.
WHEREAS, Centre Development has submitted a request for an above-ground
Encroachment Permit for the purpose of installing a wall and planter boxes
within the Palomar Airport Road right-of-way; and
WHEREAS, the City Engineer has determined the encroachment will not
adversely affect the movement of pedestrian or vehicular traffic along
Palomar Airport Road;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Encroachment Permit, dated June 2, 1987, authorizing
Centre Development to install and maintain a wall and planter boxes in the
Palomar Airport Road right-of-way, which is on file with the City Clerk and
is incorporated by this reference, is approved.
3. That the City Manager is authorized to sign the Encroachment Permit
on behalf of the City and the City Clerk is authorized to cause the original
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Encroachment Permit to be recorded in the Office of the County Recorder of
San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the gth day of June , 1987 by the following
vote, to wit:
AYES:
NOES: NXI~
Council Members Lewis, Kulchin, Mamaux, Pettine, Larson
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
7
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO 1 1 CITY CLERK 1 CITY OF CARLSBAD 1
1200 Elm Avenue 1 Carlsbad, CA 92008 1
Space above this line for Recorder's use.
Documentary transfer tax: $ No
Fee
ud- Signature of declarant determining tax-firm name
CITY OF CARLSBAD
Parcel No. 212-092-14/15
ENCROACHMENT PERMIT
FOR USE WITH PERMANENT STRUCTURES
BUILT OVER EASEmNTS
IN ACCORDANCE with the provisions of Section 11.04.070 of
the City of Carlsbad Municipal Code, the undersigned, the owner
of Carlsbad Tract No., 81-46, Unit No. 1, CARLSBAD AIRPORT
CENTRE, 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 a permanent encroachment
structure described as a concrete retaining wall and planter
boxes for the use and benefit of owner's property, over, and
across an easement in Palomar Airport Road adjacent to Lots 1 and
10 of Carlsbad Tract 81-46, Unit No. 1, 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 easement shall remain and continue in
full 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 and above described and the covenants herein contained
shall run with said land and shall be binding on the assigns and
successors of Owner.
MADE
this
PLAT SHOWING LOCATION:
SEE EXHIBIT A, ATTACHED HERETO AND BY THIS REFERENCE
A PART HEREOF.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
day of fur3e , 1987.
CARLSBAD AIRPORT CENTRE CITY OF CARLSBAD, a Municipal
by COMMUNITY RESOURCES CORP. its General Partner California.
Corporation of the State of
P
BY Martin Orenyak, Community BY Dean Greenberg, Presi&nt COMMUNITY RESOURCES CORP. Development Director
'S ." Frknk Griswold," AJuK Secretary
COMMUNITY RESOURCES CORP.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 1 ss
On the day of , 19 , before me the
undersigned, a Notary Public in and for said-State personally appeared MARTIN ORENYAK, known to me to be the Director of Community Development of the City of Carlsbad, California, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad; California,
WITNESS my hand and
executed the same.
official seal.
Notary Public
APPROVED AS TO FORM:
Vincent F. Biondo, Jr. City Attorney
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 1 ss
On June 2, 1987 before me, the unczrsigned, a Notary Public in and for said State, personally appeared DEAN GREENBERG personally known to me to be the person who executed the within
instrument as President, and S. FRANK GRISWOLD personally known to me to be the person who executed the within instrument as the Secretary of the corporation that executed the within instrument
on behalf of CARLSBAD AIRPORT CENTRE the partnership that executed the within instrument, and acknowledged tome that such corporation executed the same as such partner and that such partnership executed the same. ?
WITNESS my hand and official s
Notary Public
/ GEORGETIE KENNEDY
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. Nou.3. 1989
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