HomeMy WebLinkAbout1990-06-19; City Council; 10672; ABOVE GROUND ENCROACHMENT| 4228 HIGHLAND DRIVE| PR 4.29AB# ib! b -7s TITLE
MITG.Ai9-90 ABOVE GROUND ENCROACHMENT
4228 HIGHLAND DFWE
DEPT.ENC. PR 4.29
I DEPT.
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RESOLUTION NO. 9 O - 18 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 4228 HIGHLAND DRIVE.
WHEREAS, Mr. Chuck Trayer has submitted a request to allow construct
maintenance of a proposed 48 inches high retaining wall that joins an existing rl
wall on both sides of this location, within the public right of way easement locatc
the frontage at 4228 Highland Drive; and
WHEREAS, the City Engineer has determined the encroachment will not a
public's ability to use this easement;
NOW, THEREFORE, be it resolved by the City Council of the City of C
California as follows:
1.
2.
That the above recitations are true and correct.
That this Encroachment Permit, authorizing the owner of 4228 H
Drive to maintain the proposed 48 inch retaining wall, which is on file with the Ci
and is incorporated by reference, is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the CarlsI
Council held on the 19th day of June , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES: None
ABSENT: None
AlTEST:
KeW*rG<E$&Z*
(SEAL)
W
o.
+
, personally known to me or
Proved to me on the basis of satisfactory evidence to be
subscribed tothe the personz whose name S
within instrument and acknowledged that theye,,-
-4
<
cuted the same.
WITNESS my hand and official seal.
Signature Ydwr i
’
. ~~t*~~~~*~*~~~~~~+~$**~**~*~~*~~~~~***~*
ANGELA P. TERRY g
a * i ,* OF171CIAI. SEAL
NOTARY PUBLIC. CALIFORNIA z
NOTARY R9rlD FILED IN 0 s.i\r.] D!EGI) COI:NTY * b
(This area for official notarial seal)
- RECORD1 I@ REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) 1
City Clerk 1
City of Carlsbad 1
1200 Carlsbad Village Drive )
Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF I4
In accordance with the provisions of Section 11.04.090 of the Carlsbad Muni
the undersigned, the owner of Lot 4; Map 2152
in the City of Carlsbad, County of San Diego, State of California, in consideration c
of permission by the City of Carlsbad to install and maintain an encroachment s
described and shown on the plat attached:
Located at 4228 Highland Drive, (Assessor’s Parcel No. 206-160-06)
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:
1) The above described structure shall be installed and maintained
condition at the sole cost, risk and responsibility of Owner and successor in interesl
hold the City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with res
public right of way shall remain and continue in full force and effect and shall in
affected by the City’s grant of permission to construct and maintain the encroachmen
This agreement is made for the direct benefit of Owner’s land abovc
and the covenants and conditions herein contained shall run with said land shall be
the assigns and successors of Owner.
2)
3)
4) Owner agrees to remove structure upon order from the City.
I ATTEST BY
I
0
Aletha L. Rautenkr
CITY OF CARLSBAD . ‘/‘
I DEPUTY ’ KAREN CITY J. HIRLATA A7lORNEY BY r &[‘/{ i- /,/ ,/ [’( d,
Vincent F. Biondo, Jr.
City Attorney
Claude A. Lewis, Mayor
AGREEMENTWAG-1 1.FRM
-?LAT OF PROJEICT t
I
I I
AREA 0
5' ENCROACI
Existing Retaining
EXIST.
RIGHT OF
EXIST. 30'
RIGHT OF WAY PROPOSED FENCE
HIGHLAND DR
ROGERSFENCEENCROACHMENT