HomeMy WebLinkAbout1990-10-02; City Council; 10845; ABOVE GROUND ENCROACHMENT ALONG THE NORTHERLY SIDE OF CADENCIA STREET FROM PIRAGUA STREET SOUTHEASTERLY OF PERDIZ STREET PR 4.33*.
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AB#L$-&k?2 TITLE: DEPT
MTG.L~-~-~Q NORTHERLY SIDE OF CADENCIA STREET FROM PIRAGUA 'ITY
DEPT. FNC - STREET SOUTHEASTERLY OF PERDIZ STREET PR 4.33 CITY
RECOMMENDED ACTION: 7fl-357'
ABOVE GROUND ENCROACHMENT ALONG THE
Adopt Resolution No. approving an above ground encroachment consi
6 foot high chain link fence between the northerly curb line and the northerly rig
line of Cadencia Street from approximately 100 feet northeasterly of the cer
Piragua Street to approximately 21 4 feet southeasterly of the centerline of Per(
ITEM EXPLANATION:
Ruth Besecker of Fieldstone/La Costa Associates Ltd. has requested permissior
and maintain the above fence. The reason for the fence is to discourage trespa
Box Canyon.
The applicant stated that residents have approached Fieldstone to have sucl
installed. The only safe and effective location for the fence would be along thl
long and mostly precipitous slope. This top of slope lies mostly within the pub1
way, a few feet beyond the curb line. The location of the fence at this top of s
enhance the public safety.
The Police and Fire Departments have given their approval of the fence. Pub1
were notified. No utilities have expressed objections to the proposal. The i
proposal includes pedestrian gateways at appropriate locations, for emergenc
The owners of the property fronting the encroachment, Fieldstone and Brooki
Company, have executed Encroachment Agreements.
Staff has reviewed the request and has concluded that the proposed encroacl
not damage the public health, safety and welfare and that the encroachment is c
with the General Plan, Growth Control Polices, Zone 6 Plan requirement
applicable ordinances. Therefore, staff recommends the approval of the
encroachment.
FISCAL IMPACT:
NONE.
EXHIBITS:
1. Application
2. Location Map.
3. Two Encroachment Agreements
4. Resolution No. @-35,7
ENGINEERING DEPARTMENT ABOVE GROUND ENCROACHMENT PERMIT APPLICATION
PERMIT NO. PROJECT NAME BOX Canyon Fence
LOCATION OF PROJECT: ON THE SIDE DE OF[ cadencia street
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Piragua 1 AND I Cadencia Street Park
(NAME OF STREET) (NAME OF STREET)
ASSESSOR PARCEL NO(S) 223-190-01, 223-050-49, 223-050-51
B
R
TOTAL FEE REQURIED~] W IUb s 7930
DATE FEE PAIDTI
RECEIPT NO. 71
RECEIVED BY: I
Page: 6
I u COST. .I.. P
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BOX CANYON FENCE - CADENCIA STREET
October 5, 1990
Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112
Enclosed for recordation are the following described documents:
Encroachment Agreement for Use with Structures Built over Public Right of Way Brookfield Land Company, Inc.
Encroachment Agreement for Use with Structures Built over Public Right of Way Fieldstone/La Costa Associates Ltd.
APN 223-190-01
APN 223-050-49;223-050-51
Also enclosed are instructions on how the City is to be billed for tl recordation fees incurred.
Thank you for your assistance in this matter. Ahk/&
LINDA K. COTA Secretary
Enclosures
I
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-28(
.. RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 1
City Clerk's Office 1 City of Carlsbad 1
1200 Elm Avenue 1
Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WZ
In accordance with the provisions of Section 11.04.090
Carlsbad Municipal Code, the undersigned, the owner of LC Tract 7779 in the City of Carlsbad, County of San Diego, Si
California, in consideration of the grant of permission City of Carlsbad to install and maintain an encroachment st] as described and shown on the plat attached:
for the use and benefit of owner's property, over, and public right of way in Cadencia Street covenants and agrec the City of Carlsbad, as follows:
1) The above described structure shall be install maintained in a safe condition at the sole cost, ri
responsibility of Owner and successor in interest, who sha the City harmless with respect to City owned facilities.
2) Whatever rights and obligations were acquired
City with respect to the public right of way shall rem? continue in full force and effect and shall in no way be a by the City's grant of permission to construct and maintz encroachment structure. This agreement is made for the direct benefit of (
land above described and the covenants and conditions
contained shall run with said land shall be binding on the l and successors of Owner.
4) Owner agrees to remove structure upon order fi
BROOKFI LD LAND COMP,
(Assessor's Parcel No.223-190-01)
3)
'iYDaniy4h-e L Pt
Aletha L. Rautenkranz, Citf Clerk Ronald'T. immer, Vice I
CITY OF CARLSBAD
4&g Cla e A. Lewis
APPROVED AS TO FORM:
1 /
AGREEMENTS/AG-11.FR.M
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STATE OF CALIFORNIA )
1 COUNTY OF ORANGE 1
On September 5, 1990 , before me, the undersigned, a Nota
Public in and for said State, personally appeared Ronald Zimmer and Daniel T. Gray , personally known to me (
proved to me on the basis of satisfactory evidence) to be t persons who executed the within instrument as Vice President a Controller and Vice President, Finance, on behalf of BROOKFIE
LAND COMPANY INC., the corporation therein named, a acknowledged to me that such corporation executed the with
instrument pursuant to its by-laws or a resolution of its boa
of directors.
WITNESS my hand and official seal.
Signature
I
k '4 -'
- a = 2 STATE OF
0 1
1 1 1
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e I. RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: )
City Clerk's Office
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT WITHIN PUBLIC RIGHT OF W?
In accordance with the provisions of Section 11.04.090 c Carlsbad Municipal Code, the undersigned, the owner of porti north quarter of Section 31-12-3W; and Portion of nort
quarter of northeast quarter and portion of northeast quart northwest quarter of Section 31-12-3W in the City of Carl
County of San Diego, State of California, in consideration c
grant of permission by the City of Carlsbad to instal maintain an encroachment structure as described and shown c plat attached: (Assessor's Parcel No. 223-050-49; 223-05r for the use and benefit of owner's property, over, and l public right of way in Cadencia Street covenants and agree:
the City of Carlsbad, as follows:
1) The above described structure shall be install€ maintained in a safe condition at the sole cost, ris
responsibility of Owner and successor in interest, who shal
the City harmless with respect to City owned facilities.
2) Whatever rights and obligations were acquired I: City with respect to the public right of way shall rema: continue in full force and effect and shall in no way be af
by the City's grant of permission to construct and mainta
encroachment structure. This agreement is made for the direct benefit of 0
land above described and the covenants and conditions contained shall run with said land shall be binding on the a
and successors of Owner.
4) Owner agrees to remove structure upon order fr
city. FIELDSTONE/LA COSTA ASSOCIATES SIMI'
d Partner! m-
3)
I CALIFORNIA
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90-357 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT ALONG THE NORTHERLY LINE OF
CADENICA STREET GENERALLY BElWEEN PIRAGUA STREET
AND BEYOND PERDIZ STREET
WHEREAS, a request has been made to install and maintain a fence in the PI
of-way, and
WHEREAS, the fence will be fronting property described by San Diego C
Assessor’s Parcel Numbers 223-1 90-01, 223-050-49 and 223-05-51, and
WHEREAS, the fence is to be installed and maintained northwesterly, nor
northeasterly of the adjacent curb line of Cadencia Street from 100 feet mo
northeasterly of the centerline of Piragua Street to 21 4 feet more or less southeas
centerline of Perdiz Street, and
WHEREAS, the City Engineer has determined the encroachment will not adve
the public’s ability to use the easement; and
WHEREAS, the owners fronting the encroachment have executed Enc
Agreements wherein they covenant and agree with the City of Carlsbad as follow:
That above described structure shall be installed and maintained
condition at the sole cost, risk and responsibility of Owners and successors in in1
shall hold the City harmless with respect to City owned facilities.
1.
1
2. 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 enc
structure.
3. These agreements are made for the direct benefit of Owner’s I
described and the coyenants and conditions herein continued shall run with sai
shall be binding on the assigns and successors of Owners.
4. Owners agree to remove structure upon order from the City.
NOW, THEREFORE, be it resolved by the City Council of the City 0’
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California, as follows:
1.
2.
That the above recitations are true and correct.
That the Mayor and City Clerk are authorized to sign the Encro
Agreements and the City Clerk is authorized to cause the original agreements to be I
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
held on the 2nd day of Octobeq 1990 by the following vote, to wit:
AYES: Council members Lewis, Kulchin, Larson, Mamaux
NOES: None
ABSENT: Non
Pet t ine
AlTEST:
F?&/ ~ Q+
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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