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HomeMy WebLinkAbout1991-01-22; City Council; 10997; ABOVE GROUND ENCROACHMENT| 3450 JAMES DRIVE CARLSBAD, CA 92008| PR 4.34* a a )-I a g % I d m \ hl hl 1 d .. z 0 F: 0 U i 0 z 3 0 0 CITaOF CARLSBAD - AGEN BILL '/-++--*-' 'I 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 .- x 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 0 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 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 0 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: Q 9 a i 0 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 s subscrib exe i c; .. Title or Type of Document - __ . - - - . ___ - I: MUST BE ATTACHED Number of Pages Date of Document -- PP n--. - -.”---- 019 -- -2- \ \ \ \ \ \ CADE ENCROACHMENT 3450 JAMES DRIVE