The URL can be used to link to this page

Home My WebLink About1991-08-20; City Council; 11290; ABOVE GROUND ENCROACHMENT FOR 3471 DONNA DRIVE PR 4.44!z 3 .. z 0 5 a 2 0 I 3 0 0 {-- AB#- TITLE ABOVE GROUND ENCROACHMENT FOR DEPT. CITY A DEPT. ENG. CITY N RECOMMENDED ACTION: CITWF CARLSBAD - AGENDWILL ~ a G 3471 DONNA DRIVE PR 4.44 MTG. 8-20-71 Adopt Resolution No. 9/ - d 5 9 approving the above ground encroachment fo foot block retaining wall at 3471 Donna Drive as shown in Exhibit 3J And Ru?hor; ffit M~pr fb aewk %a ,K~~CF@U&M~.++ F+~NCMC-~-~ Mr. and Mrs. Dan Johnson have requested an above ground encroachment pel construct a six foot high block retaining wall within a 12 foot public utility easemen wall would extend 63’ in length along the west property line and then turn five fee easterly direction out of the easement. There is an existing brow ditch running do center of the easement, the center line of which forms the west property bounda The purpose of the retaining wall is to level the ground to provide additional ba area. The adjacent property owner has constructed a retaining wall along h property line for the same purpose. The Johnson’s wall would essentially extension of the adjacent wall. Drainage would flow south towards Janis Way an into the drainage ditch. Staff has reviewed the request and inspected the site and has determined tk encroachment into the easement will not adversely affect the maintenance easement. The utility companies have been notified and they have no objections encroachment. As a standard requirement of an above ground encroachment rc the applicant has signed an encroachment agreement which states that the retainii and all associated fill will be removed by the applicant at their expense at tht request. Prior to the construction of the proposed retaining wall, the application must acqui a grading permit and a building permit. ITEM EXPLANATION: FISCAL IMPACT: NONE. EXH I BITS : 1. Location Map 2. Resolution No. 9 I-257 3. Encroachment Agreement with attached plat I ABOVE (;ROUND ENCROAcHblENT PROJECT NAME FQR 3471 DONNA DRIVE PROJECT NUMBER PW 4.44 - - 5- 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 a 0 RESOLUTION NO. 91-259 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT ALONG THE WEST PROPERTY LINE AT 3471 DONNA DRIVE. WHEREAS, a request has been made to install and maintain a retaining w public utility easement, and WHEREAS, the wall is to be constructed on property described as Lot 53 No. 4051 filed in the office of the County Recorder of San Diego County. WHEREAS, the wall is to be constructed within a public utility ea: approximately one foot east of existing brow ditch, and WHEREAS, the City Engineer has determined the encroachment will not ad affect the City’s ability to maintain the easement, and WHEREAS, the property owners proposing the encroachment have exes Encroachment Agreement wherein they covenant and agree with the City of Carls follows: 1. That above described structure shall be installed and maintained in condition at the sole cost, risk and responsibility of owners and successors in ir who shall hold the City harmless with respect to City owned facilities. 2. Whatever rights and obligations were acquired by the City with res the public right of way shall remain and continue in full force and effect and sha way be affected by the City’s grant of permission to construct and maintz encroachment structure. 3. This agreement is made for the direct benefit of owner’s land described and the covenants and conditions herein contained shall run with said la shall be binding on the assigns and successors of owners. 4. Owner agrees to remove structure upon order from the City. NOW, THEREFORE, be it resolved by the City Council of the City of Ca California, as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 e e 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 Cali1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 20thday of August , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton Nygaard NOES: None ABSENT: None ATEST: lLLtke- 2- R,+ ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I 0 e RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: ) 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT ( llAgreementll) is entered in1 between the CITY OF CARLSBAD (I1City1I) and Lynn M. Johnson ai Daniel H. Johnson (I1Owners1*), in accordance with Chapter 11.16 ( the Carlsbad Municipal Code. 1. The Property. Owners is the owner of that certain rei property located at 3471 Donna Drive, within the City of Carlsbac San Diego County, California, Assessor's Parcel Number 205-152-1: and more particularly described in Exhibit I1AI1, attached hereto ai incorporated herein by reference. 2. The Easement. City currently owns an existing easeme] over, under, and across Owners's property for public utili1 easement which easement is described in Exhibit I1Bt1 attached here1 and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees ai grants its permission to Owners to construct a six foot retaini wall within the public utility easement. A plat showing t location of the encroachment is attached as Exhibit llC1l attach hereto and incorporated by reference. the following terms and conditions: This Agreement is subject (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owners shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. The Owners must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after (C) AGREEMENTS/AG-11A.FRM 1 REV 6/4 a 0 + receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. Entire Asreement. This Agreement constitutes the entii agreement between the parties with respect to the subject matte hereof and supersedes and replaces all other agreements, oral c written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be givc pursuant to this Agreement shall be sent in writing by Unit4 States mail, first class, postage pre-paid, registered or certific with return receipt requested, or by other comparable commerci, means and addressed as follows: If to the City: If to the Owners: City of Carlsbad Mr. and Mrs Daniel €-I. Johnson 2075 Las Palmas Drive 3471 Donna Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may be changed from time to time by providi notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act omission by Owners shall not constitute a waiver of any 0th default by Owners and shall not be deemed a waiver or rend unnecessary City's consent for approval to any subsequent act Owners. Any waiver by City of any default must be in writing a shall not be a waiver of any other default concerning the same any other provision of the Agreement. 7. Successors and Assiqns. This Agreement shall be bindj and inure to the benefit of the parties hereto and their respectj legal representatives, successors, and assigns. Owners agrees incorporate this agreement by reference in any subsequent deeds the property, but any failure to do so does not invalidate t€ provision. /// /// AGREEMENTS/AG-11A.FRM 2 REV 6 0 e 8. Capacity. Each party represents that the person( executing this Agreement on behalf of such party have the authori to execute this Agreement and by such signature(s) thereby bi such party. Agreement on this /,f* day of ATTEST ' IN WITNESS WHEREOF this part ereto have executed th City Clerk On this the /$* day of d-auz 19z, t the undersigned Notary Public, personally appeared i c"x/ L4. JOlfAJSUd &Nil &w/EL I/- JU/ ,lZJ personally known to me O- &i si aet e tywidmm- to be the person(s) whose name(s) 1 GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd W i 3 REV 61 AGREEHENTS/AG-11A.FRM e e < LEGAL DESCRIPTION Lot 53 of CARLSBAD GARDENS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4051, filed in the Office of the County Recorder of said San Diego County, January 8,1959. EXHIBIT "A" m m 4 LEGAL DESCRIPTION That portion of a 12 foot wide public utility easement, the centerline of which follows the westerly boundary of Lot 53 of CARLSBAD GARDENS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4051, filed in the Office of the County Recorder of said San Diego County, January 8, 1959. E X H I B I T 11 B" \ \\