HomeMy WebLinkAbout1990-08-07; City Council; 10748; ABOVE GROUND ENCROACHMENT| 2540 CHESTNUT AVENUE CARLSBAD, CA 92009| PR 4.30I
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ABOVE GROUND ENCROACHMENT
Adopt Resolution No.Y/-JL 9’ approving the above ground encroachment per
an existing 42 inch high block wall at 2540 Chestnut Avenue.
lTEM EXPLANATION:
Mr. Keith Whitehead has requested an above ground encroachment permit tc
an existing 42 inch high block wall to remain in the Chestnut Avenue public I
way fronting his property. Staff has reviewed the request and inspected the s
has determined that the encroachment into the easement will not adversely aff
Public’s ability to use the easement. There are no existing utilities located
portion of the easement. The utility companies were notified, and they h
objections to this encroachment. As a standard requirement of an above
encroachment request, the applicant has signed an Encroachment Agreemen
FISCAL IMPACT:
1. Location Map.
2.
3. Resolution No. f#~gS T .
Letter requesting encroachment permit dated March 12, 1990.
a 4. Encroachment Agreement and plat map. 8 Qz
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SANTA ANA SAN DIEGO CARLSBAD RANCHO SUN VALLEY
556-8300 278-8480 438-2292 676-0252 875-0393
OXNARD RIVERS~DE SAN JOSE PHOENIX MESA
LANCASTER 945-6726
TUCSON
988-0909 783-3580 998-1606 269.2308 926-2447 622.3942
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RESOLUTION NO. 90-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2540 CHESTNUT AVENUE.
WHEREAS, Mr. Keith Whitehead has submitted a request to allow an e:
inch high block wall to remain within the public right of way along his propeq
at 2540 Chestnut Avenue; and
WHEREAS, the City Engineer has determined the encroachment will not
affect the public's ability to use the easement; and
WHEREAS, Mr. Keith Whitehead has executed an Encroachment Agreeme1
he 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 intc
shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with
the public right of way shall remain and continue in full force and effect and 5
way be affected by the City's grant of permission to construct and ma:
encroachment structure.
3. This agreement is made for the direct benefit of Owner's land above
and the covenants and conditions herein contained shall run with said land ar
binding on the assigns and successors of Owner.
4.
NOW, THEREFORE, be it resolved by the City Council of the City of
Owner agrees to remove structure upon order from the City.
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Permit, dated J~Y 9,1990 authorizing Mr. '
to maintain the existing 42 inch high block wall within the public right of wa
to 2540 Chestnut Avenue, which is on file with the City Clerk and is incoq
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reference, is approved.
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 7th day of August, 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin and Mamaux
NOES: None
ABSENT: C
ATTEST:
(SEAL)
w 0 RECORDING REQUESTED BY 1
1
City Engineer )
City of Carisbad 1
2075 Las Palmas Drive )
Carlsbad, CA 92008 )
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 ( the undersigned, the owner of 3x40 GhRr/Ln~k /QUC.
in the City of Carlsbad, County of San Diego, State of California, in consideration of the
of permission by the City of Carlsbad to install and maintain an encroachment structu
described and shown on the plat attached:
for the use and benefit of owner’s property, over, and across public right of way in Che
Avenue covenants and agrees with the City of Carlsbad, as follows:
(Assessor’s Farce1 No. 167-270-34)
1) The above described structure shall be installed and maintained in a
condition at the sole cost, risk and responsibility of Owner and successor in interest, who
hold the City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with respect tc
public right of way shall remain and continue in full force and effect and shall in no w:
affected by the City’s grant of permission to construct and maintain the encroachment struc
This agreement is made for the direct benefit of Owner’s land above desc
and the covenants and conditions herein contained shall run with said land and shall be bir
on the assigns and successors of Owner.
2)
3)
4) Owner agrees to remove structure upon order from the City.
-
_a -2..-;- - AWEST BY -!- A
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STATE OF CALIFORNIA
COUNTYOF SO-~
before me, the under-
I- L 3 u g
(-0me) or (proved to me on the basis of satisfactory
evidence) to be the person--whose name5 G-
subscribed to the within instrument and acknowledged that ~
,d ~~~executedthesame
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SIGNATURE AAF&A---L- WFUXRAL
WV 197 171R71,,
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