HomeMy WebLinkAbout1989-03-07; City Council; 9889; Above ground encroachment - 7648 Nueva CastillaI
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ABOVE GROUND FENCE ENCROACHMENT 7648 NUEVA CASTILLA )EPT.FNr, CARLSBAD. CA 92009
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RECOMMENDED ACTION:
Adopt Resol uti on No. b? -6 5 approving the above ground fence encroachment for 7648 Nueva Castilla and authorize the Mayor and City Clerk to Execute the Encroachment Agreement.
ITEM EXPLANATION:
Mr. and Mrs. Karlicek have requested an Above Ground Encroachment Permit to allow their previously constructed fence in the pub1 ic right-of-way to remain. Staff has reviewed the request and inspected the site and determined that the placement of the fence does not present a sight restriction to motorists approaching the intersection on Nueva Castilla. As a standard requirement of an Above Ground Encroachment request, the appl icant has signed an Encroachment Agreement.
FISCAL IMPACT:
NONE
EXH I BITS :
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Location Map.
Letter requesting Encroachment Permit dated August 30, 1988.
Resolution No. 89 -bfs approving the Above Ground Encroachment for
7648 Nueva Castilla and authorizing the Mayor and City Clerk to sign the Encroachment Agreement.
Encroachment Agreement.
LOCATION MAP
EXHIBIT PROJECT NAME: 7648 NUEVA CASTILLA
ABOVE GROUND FENCE ENCROACHMENT I
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August 30, 1988
TO: Carlsbad City Council
FROM: Bill and Lisa Karlicek
7648 Nueva Castilla
Carlsbad, CA 92009
436-8497
Subject: Riqht of Use Application for Side Fence
The following are some of the reasons why I lccated my side fence
close to the sidewalk bordering Levante Street.
reasons to the actual need and utility of the fence, and not discuss
the approval I had obtained from the City before constructing the
fence.
I will limit my
1. I placed the f& at the sidewalk line to eliminate an area for local dogs to !‘do their duty’!.
my people walk their dogs along Levante and these people would never have their dogs go on somebodies front yard, but thought nothing of letting their animals wander all over my side yard to go. The smell and flies were a terrible nuisance and I can never recall anyone using a scooper to clean-up after their animal.
If I had placed the fence in five feet from the sidewalk, the
problem of people and the doggy-do would not have been eliminated.
Since the fence has been up, I have not found one instance of dog
waste on the sidewalk along the fence.
2. I placed the fence along the sidewalk to also eliminate the
easement stripe (wasteland?) comnly found between sidewalks and
peoples’ fences. Most such stripes currently along Levante (and most other streets in La Costa) are covered with weeds, garbage
and doggy-do and are an eyesore to the community. I eliminated
the potential for an eyesore by placing the fence at the sidewalk.
3. The fence was placed so as not to interfer with traffic, or be a
The distraction or hazard in the area.
view at all time and no view of the corner is obscured. Traffic Depart7nent has surveyed the area and finds the location of the fence acceptable fram a traffic standpoint.
The stop sign is in clear
4. I placed the fence along the sidewalk to eliminate any over-growth problems along the sidewalk.
and am amazed at the number of time I must step into the street or bend low to avoid over-grown trees and foliage.
hazard to individuals and a tremendous, potential liability for the city. I have eliminated any over-growth problem for myself and the City.
I like to walk in the neighborhod,
This is a real
By having a six foot fence on my side yard along the sidewalk,
The fence is aesthetically pleasing and well constructed, a fact
related to me by 15 to 20 people who have stopped by to comment on
how much they like it. I built it with premium grade redwood and
sealed it so it would be an enhancement to the community.
that the City has a right to access the area on the other side of
the fence and accept that the fence might be at risk at some future
date.
I realize
That is covered in the Right of Use disclaimer.
I request that the City grant our Right of Use permit because the
fence is needed and required at that side location to:
- eliminate the nuisance and health hazards for me and my family
- eliminate another potential eyesore strip of land between fence
- eliminate the danger and liability risk to myself and the City
caused by animals using that strip as a toilet.
and sidewalk.
caused by over-grown foliage.
Thank you for your the and consideration.
Bill'and Lisa Karlicek
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RESOLUTION NO. 89-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND FENCE ENCROACHMENT FOR 7648 NUEVA CASTILLA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE ENCROACHMENT AGREEMENT.
WHEREAS, Mr. and Mrs. William Karlicek have submitted a request to allow
an above ground fence encroachment to remain within the Levante Street right-of-
way; and
WHEREAS, the City Engineer has determined the encroachment will not
adversely affect the movement of pedestrian or vehicular traffic along Levante
Street;
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 August 30, 1988 authorizing Mr.
and Mrs. Karlicek to install and maintain a six foot wood fence in the Levante
Street right-of-way, which is on file with the City Clerk and is incorporated by
t hi s reference, i s approved.
3. That the Mayor and City Clerk are authorized to sign to Encroachment
Agreement and the City Clerk is authorized to cause the original agreement to be
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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 7th day of March , 1988 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
016 1 ALETHA L. RAUTENKRANZ, City Cbrk - (SEAL)
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RECORDING REQUESTED BY I
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City Engineer 1 City of Carlsbzd 1
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AND WHEN RECORDED MAIL TO: )
1200 Elm Avenue
Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of 7648 Nueva Castilla 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 an encroachment structure as described and shown on the plat attached:
for the use and benefit of owner’s property, over, and across public right of way in Levante Street covenants and agrees with the City of Carlsbad, as follows:
(Assessor’s Parcel No. 216-18-10
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 affected by the City’s grant of permission to
construct and maintain the encroachment structure. This agreement is made for the direct benefit of Owner’s land above described and the covenants and conditions herein contained shall run with said land shall be binding on the assigns and successors of Owner. Owner agrees to remove structure upon order from the City.
3)
4)
ATTEST:
Aletha L. Rautenkranz, City Clerk
CITY OF CARLSBAD
BY
Claude A. Lewis, Mayor
City Attorney
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