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Home My WebLink About1991-07-09; City Council; 11225; APPROVING AN APPLICATION FOR AN ENCROACHMENT PERMIT FOR A FENCE AT 2323 ABEDUL STREET| PR 4.36 - VINCENTENCROACHMENT PERMIT FOR A FENCE AT 2623 ABEDUL STREET PR 4.36 - VINCENT Adopt Resolution N encroachment for a ITEM EXPLANATION: On December 12, 1990 John Vincent and Linda Vincent applied for an encroa permit to allow an existing fence to remain in the public right-of-way. The fence is a low concrete block wall with block pilasters 42 inches in heigt panels between the pilasters is to be open wrought iron fencing. The utility companies were notified of the application for an encroachment perm companies utilize this area of the public right of way, Daniels Cablevision and Pac Daniels Cablevision expressed no concern over the encroachment. Pacific Bell expressed concern over the applicant being held responsible for an; incurred by the company because of the encroachment. The applicants were not1 Pacific Bell of their responsibility in a letter to them. Our standard encroac agreement provides for the removal of the encroachment at the applicants sole e: if so ordered by the City. The agreement also provides that the owner assumes sc and risk for the encroachment. Staff believes that Pacific Bells’ concern is fully add by the agreement. The applicant has executed said agreement. Staff has reviewed the request and has concluded that the encroachment dc damage the public health, safety and welfare and that the encroachment is cor with the General Plan, Growth Control Policies, Zone 6 Pian requirements i applicable ordinances. Therefore, staff recommends approval of the application encroachment permit. FISCAL IMPACT: 1. Application .. z 2. Location Map. 0 F 0 3. Encroachment Agreement a i 0 Resolution No. z 3 0 0 I BETWEEN UZAbERO 1 AND I ?t?R5/4 ST U L , h/Y J ,122i L7? //%Y/J$& L- && / ,74:4*,m OWNER APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) MAILING ADDRESS 262.13 CITY AND ST&5baa ZIth Li2D09 TELEPHONE CITY AND STATE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATI N IS T TO THE BEST OF MY KNOW EDGE :=/ * ;A // LiW ,,/ !a SIGNATURE DATE 30hn +~inda Vjhd AbL~ 5+ MAILING ADDRESS SWCI ZIP TEL L- +36 4051 I CERTIFY THAT I AM THE OWNER'S INFORMATION IS TRUE AND CORRECT THE BEST OF MY KNOWLEDGE. E AND CORRECT SENTATIVE AND THAT ALL THE ABOVE FOR CITY USE ONLY TOTAL FEE REQURIED~~ DATE FEE PA ID^^ Tn9 DEClZ 1998 21TY Of CARLSBA DATE ST AMP-* mi?- I\ - ALUA - - HLP-?YD+! - - - d I I mmr-- , P w 1 1 City Clerk’s Office 1 City of Carlsbad 1 1200 Elm Avenue 1 Carisbad, CA 92008 1 e RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY In accordance with the provisions of Section 11.16.150 of the I Municipal Code, the undersigned, the owner of 2623 Abedul Street in the City of Carlsbad, County of San Diego, State of Califori consideration of the grant of permission by the City of Carlsbad to ins1 maintain an encroachment structure as described and shown on the plat a1 for the use and benefit of owner’s property, over, and across public righ in Abedul Street covenants and agrees with the City of Carlsbad, as follows: 1) The above described structure shall be installed and mainti a safe condition at the sole cost, risk and responsibility of Owner and si in interest, who shall hold the City harmless with respect to Cit f acil i ti es. 2) Whatever rights and obligations were acquired by the Ci respect to the public right of way shall remain and continue in full fc effect and shall in no way be affected by the City’s grant of permis construct and maintain the encroachment structure. This agreement is made for the direct benefit of Owner’s lar described and the covenants and conditions herein contained shall run wi land shall be binding on the assigns and successors of Owner. Owner agrees to remove structure upon or (Assessor’s Parcel No. 215-290-12) 3) 4) ATTEST : BY I I&AA v W Aletha L. Rautenkranz, City Clerk CITY OF CARLSBAD BY City Attorney AGREEMENTS/AG-ll.FRM 0 0 - P - f i JERAL ACKNOWLEDGMENT State of C~,L/F&R r//~ On this the d 7 day of JddF 199/, before r-r 1 ss. Countyof &d P/EG& Efd/EQ.L\/ &A'& FORTA.C)C/< - the undersigned Notary Public, personally appeared laNd &. r//niC€d 7.- @ personally known to me S proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Lsubscribed to t within instrument, and acknowledged that /E executed 1. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 0 w RESOLUTION NO. 91-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA APPROVING AN APPLICATION FOR AN ABOVE GROUN ENCROACHMENT AT 2623 ABEDUL STREET WHEREAS, Mr. John G. Vincent has submitted a request to allow a remain within the public right-of-way along his property frontage at 2623 Abedi and WHEREAS, the City Engineer has determined the encroachment will not i affect the City’s ability to use the easement, and WHEREAS, the applicant has executed an Encroachment Agreement wt covenants and agrees with the City of Carlsbad as follows: 1. The structure shall be installed and maintained in a safe conditil sole cost, risk and responsibility of owners and successors in interest, who shall City harmless with respect to City owned facilities. 2. Whatever rights and obligations were acquired by the City with r( the public right of way shall remain and continue in full force and effect and SI way be affected by the City’s grant of permission to construct and mail encroachment structure. 3. This agreement is made for the direct benefit of owner’s Ian described and the covenants and conditions herein contained shall run with said shall be binding on the assigns and successors of owners. 4. NOW, THEREFORE, be it resolved by the City Council of the City of ( Owner agrees to remove structure upon order from the City. i 20 21 22 23 24 25 26 27 28 California, as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill Ill - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 e w 2. That the Mayor and City Clerk are authorized to sign the Encroz Agreement and the City Clerk is authorized to cause the original agreemer recorded in the office of the County Recorder of San Diego County, State of C; PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl Council held on the 9th day of July , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard Stanton NOES: None ABSENT: None ATTEST: llQct?L 2. Q*+ ALETHA L. RAUTENKRANZ, City Clerk (SEAL)