HomeMy WebLinkAbout1991-05-28; City Council; 11169; ABOVE GROUND ENCROACHMENT FOR FENCE ACROSS SEWER EASEMENT AT 2225 SARA WAY| PR 4.39BAD - AGEN BILL i--/ L-/
2225 SARA WAY - PR 4.39 MTG. 5-78-91
RECOMMENDED ACTION:
Adopt Resolution No. 9 I - 158
sewer easement at 2225 Sara Way.
approving the above ground encroachment a
ITEM EXPLANATION:
Ms. Connie Sillen has requested an above ground encroachment permit tc
construction of a 5’ fence across 13’ of a 15’ wide sewer easement.
Staff has reviewed the request and inspected the site and has determined t
encroachment into the easement will not adversely affect the City’s ability to acc
easement. The Utilities and Maintenance Department was notified and they t
objections to this encroachment. As a standard requirement of an above
encroachment request the applicant has signed an Encroachment Agreement.
1. Location Map.
Resolution No. q I - / 5 8
Encroachment Agreement with attached plat. 3.
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FGFi 22225 SARA WAY
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RESOLUTION NO. 9 1 - 15 8
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT ACROSS ASEWER EASEMENT AT2225
SARA WAY.
WHEREAS, a request has been made to install and maintain a fence ac
sewer easement, and
WHEREAS, the fence will be installed and maintained along the north prop1
extending 13’ into the sewer easement, and
WHEREAS, the City Engineer has determined the encroachment will not ac
affect the City’s ability to access the easement, and
I
WHEREAS, the property owner proposing the encroachment has exec
Encroachment Agreement wherein she covenants and agrees with the City of C
as follows: -
1. That above described structure shall be installed and maintained i
condition at the sole cost, risk and responsibility of owners and successors in
who shall hold the City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with ret
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 main
encroachment structure.
2.
3. This agreement is made for the direct benefit of owner’s lanc
described and the covenants and conditions herein contained shall run with said I
shall be binding on the assigns and successors of owners.
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.
2.
That the above recitations are true and correct.
That the Mayor and City Clerk are authorized to sign an Encro,
Agreement and the City Clerk is authorized to cause the original agreemei
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recorded in the office of the County Recorder of San Diego County, State of Cal
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
Council held on the 4th day of June , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Nyg;
NOES: None
ABSENT: Council Me
ATTEST:
(SEAL)
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RECORDING 1 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 W
In accordance with the provisions of Section 11.04.091
Carlsbad Municipal Code, the undersigned, the owner of 22
in the City of Carlsbad, County of San Diego, State of Cali in consideration of the grant of permission by the City of (
to install and maintain an encroachment structure as descr:
shown on the plat attached: (Assessor's Parcel No. 167-540-2!
Located at 2225 Sara Way for the use and benefit of property, over, and across public right of way in a sewer E covenants and agrees with the City of Carlsbad, as follows
1) The above described structure shall be instal maintained in a safe condition at the sole cost, r: responsibility of Owner and successor in interest, who sh2
the City harmless with respect to City owned facilities. Whatever rights and obligations were acquired by 1
with respect to the public right of way shall remain and c
in full force and effect and shall in no way be affected
City's grant of permission to construct and mainta
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
and successors of Owner. 4) Owner agrees to remove cture upon or r f
2)
3)
BY L-0, ,JA
CITY OF CARLSBAD
ii
BY
(Notorial acknowledgedment of execution by Owner must be att
AGREEMENTS/AG-11.FRM
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INERAL ACKNOWLEDGMENT
the undersigned Notary Public, personally appeared
ca_.g/tl dfE s/LGId
I 0 personally known to me
'\ 9- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
subscribe
c& exe d
ATTENTION NOTARY: Although the information requested below is Opn
A
HIS CERTIFICATE Title or Type of Document i
\ PROPOSED 72' SARA WA' \ CEDAR FENCE
EASEMENT
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ABOVE GROUND ENCROACHMENT
FOR FENCEAT 2225 SARA WAY