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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 3 a rn I- I X W - - \ I I I I I I I ! 1 i i I j I I 7 17 'I I i I .I I I I .I I I I 4 .! i ' j .I I I ~ v m c F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /I/ /I/ I// /I/ I// /I/ //I /I/ //I 4 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 I +- .. . .. . . . .. f. 8' - 14 I I I I I I I * .' I.. . I' . .. . I I 'I