HomeMy WebLinkAbout1990-06-26; City Council; 10681; ABOVE GROUND ENCROACHMENT| 2105 BASSWOOD AVENUE| PR 4.32*
L3 w
a a,
%r
2
2
a
5
0 5
9l
z 3 0 0
C1T-F CARLSBAD - AGENDWILL c1
DEPT~ AB# /+ ky/ TITLE
CITY A'
DEPT. ENG. PR 4.32 CITY M
RECOMMENDED ACTION:
I
ABOVE GROUND ENCROACHMENT
2105 BASSWOOD AVENUE MTG. 6-26-90
Adopt Resolution No. 9J-/yz approving an above ground encroachmc
existing 16" retaining wall at 2105 Basswood Avenue.
ITEM EXPLANATION:
Mr. Anthony Peraino has requested an above ground encroachment permit to
existing 16" retaining wall within the Public Right-of-way along the si
driveway. The front lawn of the adjacent property slopes down slightly tc
sidewalk and the retaining wall would eliminate slumping onto the driveway.
reviewed the request and inspected the site and has determined that the encr
will not adversely affect the Publics ability to use the easement. Utility c
were notified and they also have no objections to this encroachment. As a
of an above ground encroachment request, the applicant has signed an Encr
Agreement.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Location Map
2. Resolution No. g*/yz
3. Encroachment Agreement with attached plat.
I
ABOVEGROUND ENCROACHMENT
AT 2105 BASSWOOD AV
\
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
X
17
18
19
20
21
22
23
24
25
26
27
28
m 0
RESOLUTION NO. 90-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2105 BASSWOOD AVENUE.
WHEREAS, Mr. Anthony Peraino has submitted a request to allow an ex
inch high block retaining walI to remain along the property line at the side of his
perpendicular to and extending into the public right of way at 2105 Basswood Avr
WHEREAS, the City Engineer has determined the encroachment will not
affect the public’s ability to use the easement;
NOW, THEREFORE, be it resolved by the City Council of the City of
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Permit, dated June 8,1990 authorizing M
to maintain the existing 16 inch high block retaining wall within the public rig
perpendicular to Basswood Avenue which is on file with the City Clerk and is inc
by reference, is approved.
///
///
///
///
///
///
///
///
/I/
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
0
3. That the Mayor and City Clerk are authorized to sign an Encrc
Agreement and the City Clerk is authorized to cause the original agreement to be
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
Council held on the 26thday of June , 1990 by the following vote, to wit:
Council Members Lewis, Kulchin, Pettine, Mamaux ai AYES:
NOES: None
ABSENT: None
ATTEST:
ALETHA L.
(SEAL)
W a
RECORDING REQUESTED BY 1
)
)
City Engineer )
City of Carlsbad )
2075 Las Palmas Drive )
Carlsbad, CA 92008 1
AND WHEN RECORDED MAIL TO:
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 COC
the undersigned, the owner of Lot 7 of Map 3955, Belladonna Heights, Unit No. 1 in the City
Carlsbad, County of San Diego, State of California, in consideration of the grant of permissic
by the City of Carlsbad to install and maintain an encroachment structure as described ai
shown on the plat attached:
1 1 ss STATE OF CALIF RNlA
COUN OF-+&" COG^ 1
,/ 0 e, the undersigned, a Notary Public In and for d benefit C.?<-P, ,/I
said State, personally appeareb .# A'/ 'J-x 0 x/ y /c:#/&D - enants ai
1 On+
- c
zl
- - % m
t a
7 , fe conditic
5
C
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the same.
WITNESS my hand and official seal
FRINCIPAL OfFlCE IN
MN DIEGO COUNTY :
I (This area for off Signature
PRINCIPAL OFF
SPsN DIEGO CO
ATTEST:
9
ANTHONY PERAINO
Aletha L. Rautenkranz, City ClerK
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution by Owner must be attached.)
agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in a safe condii
at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold
City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with respect to
public right of way shall remain and continue in full force and effect and shall in no wa) affected by the City’s grant of permission to construct and maintain the encroachment struct
This agreement is made for the direct benefit of Owner’s land above described the covenants and conditions herein contained shall run with said land shall be bin-
2)
3)
1
Claude A. Lewis, Mayor
City Attorney ,
(Notarial acknowledgement of execution by Owner must be attached.)
RETAINING WALL
BASSWOOD AVE.
ABOVE GROUND ENCROACHMENT
AT 2105 BASSWOOD AVE.