HomeMy WebLinkAbout1991-03-19; City Council; 11067; ABOVE GROUND ENCROACHMENT| 2815 WILSON STREET CARLSBAD, CA 92009| PR 4.31*v
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EXHIBITS:
1. Location Map.
2.
3. Resolution No. 9 \ -%v .
4.
Letter requesting encroachment permit dated April 10, 1990
Encroachment Agreement and plat map.
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RESOLUTION NO. 9 1 - 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2815 WILSON STREET
WHEREAS, Mr. Roger L. Flaming has submitted a request to allow a I
retaining wall to remain within the public right of way along his property frontage
Wilson Street and
WHEREAS, the City Engineer has determined the encroachment will not a
affect the public's ability to use the easement; and
WHEREAS, Mr. Roger L. Flaming has executed an Encroachment A;
wherein 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 inte
shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with 3
the public right of way shall remain and continue in full force and effect and s
way be affected by the City's grant of permission to construct and mai
encroachment structure.
3. This agreement is made for the direct benefit of Owner's land abovc
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 o
Owner agrees to remove structure upon order from the City.
California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor and City Clerk are authorized to sign the Encroa
Agreement and the City Clerk is authorized to cause the original agreement to be rl
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl:
Council held on the 19th day of March , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
NOES: None
ABSENT: None
ATTEST:
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ALETHA L. RAUTENKRANZ, City Cldrk
(SEAL)
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&ECEIVED
bPR ' 0 '732
LLOYD HUBBS, City Engineer
CITY OF CARLSBAD
2075 Lss Fslmas Dr
Carlsbad, CA 92009-4859
RE: Request for Encroachment Permit, 28 15 Wilson St- Rodger flaming (Owner)
Mr Huhbs:
I, Rodger Flaming respectfully request an "Encroachment Permit" to permit B z 5
concrete block retaining wall constucted 2 feet onto the proposed Wilson St
'Right-of-Way". The high point of the well is at 179.2 elevation on the westere
of the proposed Wilson St Right-of-way, the Center Line of Wilson St is estimat
178.5 elevation. finished grade of B concrete slab and the cobresponding base of
wall is at 174.6 elevation, z 4 feet below the Center line of Wilson St..
I do not believe the location of the wall will conflict with any future improveme
Wilson St. nor will the wall have an impact on present or future traffic safety.
present garage structure is served by a "side" entrance/ radial dnveW8y which i
"heeding" onto as opposed to "backing" onto Wilson Street.
If you should have any questions regarding this request, please cont8ct Mr. Don B
MAR 15,199
f" 2:; ZARLSBAD
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(6 1'3) 434- 1056.
Respecf ul1 y, %.c--
Rodger 28 15 Wilson L. Flerming, St. Owner b s"w
C8rlSb8d, CA 92008
Exhibit: Site Plan with Cross-section A-A
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RECORDING REQUES 9 ‘D BY 1 @
AND WHEN RECORDED MAIL TO: )
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City iXeri\’s Office )
City of Carlsbad 1
1200 Elm Avenue 1
Carlsbad, CA 9200S 1
11
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 Cock
the undersigned, the owner of 2815 Wilson Street, Carlsbad, California in the City of Carlsbac
County of San Diego, State of California, in consideration of the grant of permission by the Cit
of Carlsbad to install and maintain an encroachment structure as described and shown on th
plat attachcd:
for the use and benefit of owner’s property, over, and across public right of way in Wilson Stret:
covenants and agrees with the City of Carlsbad, as follows:
(Assessor’s Parcel No. 156-142-13)
1) The above described structure shall be installed and maintained in a saf
condition at the sole cost, risk and responsibility of Owner and successor in interest, who sha
hold the City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with respect to th
public right of way shall remain and continue in full force and effect and shall in no way b
affcctcd by thc City’s grant of pcrmission to construct and maintain the encroachrncnt structurc
This agreement is made for the direct benefit of Owncr’s land above dcscribc
and the covenants and conditions herein contained shall run with said land and shall be bindin
on the assigns and successors of Owncr.
Owner agrees to remove structure upon order from the City.
2)
3)
4)
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BY pc Jc ebc P/i7,37’1 /K; TJ ATTF,ST:
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APPROVED AS TO FORM:
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Vincent F. Biondo, Jr. 1
City Attorney
AGREEMENTSIAG- 1 1 .FRM
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, in the year
before me, the undersigned, a Notary Public in and for said State, personally
, personally kno
(or proved to me on the basis of satisfactory evidence) to be the person- whosf
subscribed to the within instrument, and acknowledged to me th; /S
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