HomeMy WebLinkAbout1989-12-05; City Council; 10395; Above ground encroachment - 3425 Topeka SThB# /cnqs
ATG. 12-5-89
1EPT.ENC.
ITEM EXPLANATION:
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TITLE: ABOVE GROUND ENCROACHMENT
3425 TOPEKA STREET
CARLSBAD. CA 92008 (PR 4.23)
Mr. M. Bruce Stubbs has requested an above ground encroachment permit to allow an
existing 42 inch high block wall to remain and to allow the construction of an 18 inch
high block retaining wall within a Public Utility and Tree Planting easement adjacent
to Topeka Street. Staff has reviewed the request and inspected the site and has
determined that the encroachment into the easement will not adversely affect the
Public's ability to use the easement. There are existing utilities located in this portion
of the easement. The utility companies were notified, and they have no objections to
this encroachment. As a standard requirement of an above ground encroachment
request, the applicant has signed an Encroachment Agreement.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Location Map.
2. Letter requesting encroachment permit dated October 15, 1989.
3. Resolution No. 89 - y/ 3 .
4. Plat Map.
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LOCATION MAP
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TE
PROJECT NAME EXHIBIT
ABOVEGROUNDENCROACHMENT 1 FOR 3425 TOPEKA STREET
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M. Bruce Stubbs
3425 Topeka Street
Carlsbad, CA 92008
October 15th, 1989
To Whom It May Concern,
Please accept the following as my formal request for the approval
of a permit to build a small retaining wall in the right of way
directly in front of my home at 3425 Topeka Street.
This wall is needed to correct a currently existing wall that
was not built low enough to establish proper erosion control of
the soil in the right of way between the wall and the sidewalk. I
have letters from San Diego Gas and Electric and Pacific Bell
giving their approval for this proposed construction.
The wall would be approximately 20 feet in length running
parallel to the inside edge of the sidewalk. It would be
approximately 18 inches in height at it’s highest point at the
north end and approximately 12 inches in height at the south end.
I hope that this request can be responded to in a timely manner
so that I may end as soon as possible a very conflicted project
with the contractor who built the first wall incorrectly to begin
with.
If I can answer any questions about this request please contact
me at your earliest convenience at (home) 434-1674 or my work
439-5544.
Sincerely,
M. Bruce Stubbs
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RESOLUTION NO. 89 - 417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 3425 TOPEKA STREET.
WHEREAS, Mr. M. Bruce Stubbs has submitted a request to allow an existing 42
inch high block wall to remain and to allow the construction of an 18 inch high block
retaining wall within a public utility and tree planting easement adjacent to the public
right of way along his property frontage at 3425 Topeka Street; and
WHEREAS, the City Engineer has determined the encroachment will not adversely
affect the public’s ability to use the easement;
NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad,
California, as follows:
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That the above recitations are true and correct.
That the Encroachment Permit, dated November 21, 1989authorizing Mr.
Stubbs to maintain the existing 42 inch high block wall and to install and maintain an
18 inch high block retaining wall within the public utility and tree planting easement
adjacent to Topeka Street, which is on file with the City Clerk and is incorporated by
reference, is approved.
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3. That the Mayor and City Clerk are authorized to sign an Encroachment
Agreement and the City Clerk is authorized to cause the original agreement 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 5th day of December, 1989 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Larson
NOES: None
ABSENT: Council
CLAUDE A. ' LEWS, Mayor
ATTEST:
'-3 C&BLL 4 ea-
ALETHA L. RAUTENKRANZ, City C erk
(SEAL)
~
EXISTING 10' PUBLIC UTILITY
, .... I. . . _. I* . * . r -; . . , ..
TOPEKA STREET
PROJECT NAME
ABOVEGROUNDENCROACHMENT
FOR 3425 TOPEKA STREET A nn I A 4 1'" 4=zJI
*e-
, RECORDING REQUESTED BY 1
1 City of Carlsbad 1 City alerkis QtEfiLce 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1
AND WHEN RECORDED MAIL TO: )
(INDIVIDUAL)
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 3425 Topeka Street
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 (Assessor's Parcel No. 167-432-55 1
way in Topeka Street
covenants and agrees with the City of Carlsbad, as follows:
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.
1)
3)
4)
316.60 ss.
Ji, 19'64 before me. the under-
in and for sald County and State, personally appeared
I
, personally
known Io me (or proved to me on the basis of satisfactory evidence) to be Ihe
subscribed to Ihe wlthln insIrument and acknowledged the1 .% executed the
Mme.
person whose name 15
M. Bruce Stubbs
n..,. a Li nn- . E-1 n
FOR NOTARY SEAL OR STAMP