HomeMy WebLinkAbout1989-10-10; City Council; 10299; Above ground encroachment - 400 Highland DRABOVE GROUND FENCE ENCROACHMENT
4400 Highland Drive
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RECOMMENDED ACTION:
Adopt Resolution No. 89-35? Encroachment for a Fence at 4400 Highland Drive. approving the Above Ground
ITEM EXPLANATION:
Mr. Watts has requested an Encroachment Permit to allow construction of a fence along the front of his property at 4400 Highland Drive. Mr. Watts has been required to dedicate five feet of frontage and execute a Future Improvements Agreement as conditions of approval for a building permit to add a 457 square feet addition to his residence.
Staff reviewed the request for encroachment and determined that
the fence will not unreasonably interfere with the current use of Highland Drive or present a traffic safety hazard to vehicular traffic.
Mr. Watts has signed the standard encroachment agreement. The
agreement requires that he remove the encroachment at his expense if so ordered by the City Engineer. For these reasons
Engineering staff is recommending approval of the Above Ground Encroachment request.
FISCAL IMPACT:
None
EXHIBITS :
1. Location map
2. Letter requesting encroachment
3. Resolution No. a-35? granting the Above Ground Encroachment for a Fence at 4400 Highland Drive and authorize the Mayor to Execute the Encroachment Agreement.
4. Encroachment Permit and Plat Map
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RESOLUTION NO. 89-359
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND FENCE ENCROACHMENT
FOR 4400 HIGHLAND DRIVE.
WHEREAS, Mr. Brian J. Watts has submitted a request to allow an abovi
ground fence encroachment within the High1 and Drive right-of-way; and
WHEREAS, the City Engineer has determined that the encroachment would no.
interfere with the use of Highland Drive;
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 Request for Encroachment Permit for Mr. Brian J. Watts tl
erect and maintain a fence in the Highland Drive right-of-way, is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit,
Council held on the 10th day of October , 1989 by the following vote, tl
wit:
ATTEST:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
- (SEAL)
June 28, 1989
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To: ENGINEERING DEPT. /CITY COUNCIL
City of Carlsbad 4400 Highland Drive Carlsbad, CA 92008
The City of Carlsbad engineering depthas asked me to dedicate footage
from the front of my lot as required by City ordinance for the purpose of
creating a 60 ft. right of way for future road improvement.
I know frrm personal attendance at meetings, that the council is aware
of &unique nature and the feelings of the residents of the very south end
of Highland Drive, where the rush hour traffic sametimes reaches as high as
4 cars per hour. All of us, including the City engineering dept. are aware
that the possibility of a need for a four lane highway in this area is
extremely unlikely.
Like all responsible citizens, I am very willing to dedicate this land
for the good of the city.
is so unlikely I request permission for the future construction of a fence
and gates across the front of my property, 20 ft. from the legal center of
the road.
the road.
However, because the need for this 60 ft. highway
This muld eliminate 10 ft. of of unsightly waste land alongside
I estimate I may be ready for this project in about one year.
Additional justification for this request is that about half of the
residences at this end of Highland have either walls, fences, or trees, etc.
within 12 ft. of the white line (not necessarily the legal road center). In fact, the house opposite mine has a wall with railings on top that is 19 feet from the center of the road, and a brick pillar for a mail box which is
10 feet from the legal road center.
In closing, it is ironic that the system could require a $50.00 fee for an encroachment request to erect a fence on property which the city wants me to give to them.
Sincerely,
'Brian J. W Y!+
CITY OF CARLSBAD
DEVELOP, PROC. SERV. DIV.
RECORDING REQUESTED BY 1
City Clerk 1
City of Carlsbad 1
1200 Elm Avenue 1
AND WHEN RECORDED MAIL TO: )
Carlsbad, CA 92008 \
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 a portion of Block E, Map 2152, Bellevista Subdivision 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 as Exhibit "B". For complete legal description see attached Exhibit "A".
for the use and benefit of owner's property, over, and across public right of
way in Highland Drive covenants and agrees with the City of Carlsbad, as follows:
(Assessor's Parcel No. 206-192-13 )
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.
3) 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 and shall be binding on the assigns and successors of Owner.
4) Owner agrees to remove structure upon order from the City Engineer when the right-of-way is needed for public use.
5) Prior to installation of the fence owner shall obtain approval of the City Engineer for a detailed fence location plan.
ATTEST: BY
Aletha L. Rautenkranz, City Clerk
i \,i
Muriel J. Watts
CITY OF CARLSBAD APPROVED AS TO FORM:
BY Claude A. Lewis, Mayor Vincent F. Biondo, Jr.
City Attorney
Lots 10 and 11, Block "E" BELLA VISTA7 in the City of Carlsbad, County of San Diego
State of California, according to Map thereof No. 2152, filed in the Office of the
County Recorder of San Diego County, March 7, 1929.
EXCEPTING therefrom all that portion of Lot 11, Block "E" BELLA VISTA, according to
Map thereof No. 2152, lying Southerly of a line which bears South 73O21' West parallel with
the Southerly boundary line of said Lot 11 from a point in the Easterly voundary line of
said Lot 11 which is North 13'39' West, 76.25 feet from the Southeasterly corner of said
Lot 11.
ALSO EXCEPTING therefrom the Northwesterly 114.30.feet of Lot 10.
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