HomeMy WebLinkAbout1990-08-28; City Council; 10795; ABOVE GROUND ENCROACHMENT| 3314 PIRAGUA STREET| PR 4.28I.
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CITY l
CITY
ABOVEGROUNDENCROACHMENT
3314 PIRAGUA STREET MTG. 8-38-90
DEPT.- PR 4.28
RECOMMENDED ACTION:
Adopt Resolution No.7/-32/ approving the existing above ground encroac
a 38 inch high decorative wall.
mM EXPLANATION:
Mr. Robert Miller has requested an above ground encroachment permit for t
38" high wall and brickwork within the City right of way. Staff has reT
request and has inspected the site, and has determined that the encroachme
easement will not adversely affect the public's ability to use the easement.
companies were notified and they had no objections to this encroach
standard requirement, the applicant has signed on Encroachment Agreeme
FISCAL, IMPACT:
None
EXHIBITS:
1. Location Map.
2. Resolution No. qd-.&Z./ .
3. Encroachment Agreement with attached plat.
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RESOLUTION NO. 90-321
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 3314 PIRAGUA STREET.
WHEREAS, Mr. Robert C. Miller has submitted a request to allow an ed
inch high wall and brickwork to remain within public right-of-way along his
frontage at 3314 Piragua Street; and
WHEREAS, the City Engineer has determined the encroachment will not a
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 this Encroachment Permit which will authorize Mr. Miller to I
the existing 38 inch wall, is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cads
Council held on the 28th day of August , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Larson and Pettine
None NOES:
ABSENT: Council Members Mam
r
ATTEST:
l2lkGL -1 ALETHAL.RAUT
(SEX)
I-.
RECORDING R 1
j
City Clern’s Office 1
City of Carlsbad 1 1 1
t* AND WHEN RECORDED MAIL TO: )
1200 Elm Avenue *
Carlsbad, CA 92008
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 C
the undersigned, the owner of Lot 421 of Map 7950; CT 72-20, Unit 3
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:
Located at 3314 Piragua Street, (Assessor’s Parcel No.223-250-25)
for the use and benefit of owner’s property, over, and across public right of way in
Piragua Street covenants and agrees with the City of Carlsbad, as follows:
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 OC 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 shall be bindi
the assigns and successors of Owner.
.
2)
3)
4) Owner agrees to remove structure upon order from the City.
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A?TEST BY &,%, it?c
Aletha L. Rautenkranz, City Clerk
AGREEMENTS/AG-ll.FRM
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signed Notary Put@, pers
\ (\.q,&, bcfok me, the undcr-
STATE OF CALlFORNl
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(-e) or (proved to me o the basis of
satisfacto evid nce) to be the person * whose
nam*- su scribed to the within instrument and
acknowledged that Ro executed the same.
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