HomeMy WebLinkAbout1991-01-22; City Council; 10997; ABOVE GROUND ENCROACHMENT| 3450 JAMES DRIVE CARLSBAD, CA 92008| PR 4.34*
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CITaOF CARLSBAD - AGEN BILL '/-++--*-'
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AB# J4: 49 -7 TITLE: ABOVE GROUND ENCROACHMENT DEPV
CITY A
DEPT. ENG. CITY N
RECOMMENDED ACTION:
Adopt Resolution No. *I I -J7 approving the above ground encroachment of the e>
rows of flat brickwork along the sidewalk and an existing brick mailbox at 3450 t
Drive.
3450 JAMES DRIVE
CARLSBAD, CA 92008 - PR 4.34 MTG. 1-22-91
ITEM EXPLANATION:
Mr. Steven P. Cade has requested an above ground encroachment permit to
existing rows of flat brickwork along the back of the sidewalk and bordering the si
his driveway at 3450 James Drive. He is also requesting this permit to allow an e.
brick mailbox located in the front yard at the back of the sidewalk. Staff has reviem
request and inspected the site and has determined that the encroachment ir
easement will not adversely affect the public's ability to use the easement. Thc
existing utilities including street light and cable conduits in the easement unc
brickwork. The utility companies were notified and they have no objections
encroachment provided that the applicant understands that neither the City nor thc
companies will be responsible for the repair or replacement of any part
encroachment if they need to do any work in the area.
FISCAL IMPACT:
NONE
EXHIBITS:
f2 I -a3 1. Location Map.
2. Resolution No. I
3. Encroachment Agreement with attached plat
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RESOLUTION NO. 91-27
A RESOLUTION OF THE CIlY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT FOR 3450 JAMES DRIVE.
WHEREAS, Mr. Steven P. Cade has made a request to maintain flat rows o
work and a brick mail box in the public right of way, and
WHEREAS, the brickwork and mailbox are located at property described t:
Diego County Tax Assessor’s Parcel Number 205-1 30-70, and
WHEREAS, the brickwork is to be maintained along the sidewalk at the n
end of the driveway for a length of 27’ and southeasterly 4 1/2’ along the sides
driveway, and the mailbox is to be maintained at the southwest end of the drivew:
WHEREAS, the City Engineer has determined the encroachment will not ad
affect the public’s ability to use the easement; and
WHEREAS, the owners fronting the encroachment have executl
Encroachment Agreement wherein they covenant and agree with the City of Carls
follows:
1. That above described structure shall be installed and maintained it
condition at the sole cost, risk and responsibility of Owner and successors in i
who shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with re:
the public right of way shall remain and continue in full force and effect and sh:
way be affected by the City’s grant of permission to construct and maint
encroachment structure.
This agreement is made for the direct benefit of Owner’s land
described and the covenants and conditions herein contained shall run with said I:
shall be binding on the assigns and successors of Owners.
3.
4.
NOW, THEREFORE, be it resolved by the City Council of the City of C
Owner agrees to remove structure upon order from the City.
California, as follows:
1. That the above recitations are true and correct.
Ill
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2. That the Mayor and City Clerk are authorized to sign an Encroac
Agreement and the City Clerk is authorized to cause the original agreement
recorded in the office of the County Recorder of San Diego County, State of Cali
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbg
Council held on the 22 day of January 199d by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stantc
Nygaard
NOES: None
ABSENT: None
AlTEST:
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1 AND WHEN RECORDED MAIL TO: 1 1
City Clerk's Office 1
City of Carlsbad 1
1200 Carlsbad Village Drive 1
Carlsbad, CA 92008 1
e RECORDING REQUESTED BY
1
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WA!
In accordance with the provisions of Section 11.04.090
Carlsbad Municipal Code, the undersigned, the owner of the pr
at 3450 James Drive in the City of Carlsbad, County of San State of California, in consideration of the grant of permiss
the City of Carlsbad to install and maintain an encroa
structure as described and shown on the plat attached:
Located at 3450 James Drive, (Assessor's Parcel No. APN 205-1 for the use and benefit of owner's property, over, and
public right of way in James Drive covenants and agrees wi 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.
Whatever rights and obligations were acquired by tl
with respect to the public right of way shall remain and cc in full force and effect and shall in no way be affected
City's grant of permission to construct and maintai
encroachment structure.
This agreement is made for the direct benefit of C
land above described and the covenants and conditions
contained shall run with said land shall be binding on the 2
and successors of Owner.
4) Owner agrees to remove structure upon order fr
City.
2)
3)
ATTEST : BY u
Steven P. Cade (ow
kranz, City Clerk istant City Clerk
CITY OF CARLSBAD
AP ROVED AS TO FORM:
f '1
Vhcent F'. Biondo, Jr. ii/
i ?I /[I/ ,+ , ,T, *, J 1, ./7/YJ,, /, BY // I
City Attorney
AGREEMENTS/AG-11.FRM
44
On this the & day of ?cjA!4B E/- 19_YL, ’ StateofASnrn;Q
}ss. 3QLhLk * t I/ Countyof
the undersigned Notary Public, personally appeared
s -IF, I1 tu) P. c/; cle
mersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that - he
WITNESS my hand and official seal
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subscrib
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Title or Type of Document - __ . - - - . ___ -
I: MUST BE ATTACHED Number of Pages Date of Document
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CADE ENCROACHMENT
3450 JAMES DRIVE