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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.