The URL can be used to link to this page

Home My WebLink About1991-10-15; City Council; 11389; ABOVE GROUND ENCROACHMENT| 6800 AVIARA DRIVE CARLSBAD, CA 92008| PR 4.48n 0 E fb $ 2 .. z 0 F 0 4 $ z 3 0 0 C17i)OF CARLSBAD - AGEN-BILL /p- d AB#- TITLE: ABOVE GROUND ENCROACHMENT DEPT. CITY A DEPT. ENC. CITY Iv RECOMMENDED ACTION: 6800 AVIARA DRIVE CARLSBAD, CA 92008 - PR 4.48 MTG. 10-15-91 Adopt Resolution No. 9 / - 2 <'? *!? construction of a guard station at 6800 Aviara Drive. approving the above ground encroachment fi ITEM EXPLANATION: Aviara Land Associates has requested an above ground encroachment permit tc the construction of a guard station within a general utility and access easement entrance to Aviara Drive (private street) from Blackrail Road. Staff has reviewc request and inspected the site and has determined the encroachment into the eas will not adversely affect the public's ability to use the easement. There are e utilities located in this portion of the easement. The utility companies were notifie they have no objections to the encroachment. Where the encroachment poses pc damage to existing utilities, the owner has been conditioned to incorporated prc measures to the satisfaction of the affected utilities. As a standard requiremen above ground encroachment request, the applicant has signed an Encroac Agreement. FISCAL IMPACT: NONE EXHIBITS: 1. Location Map. 2. 3. Resolution No. G, / - :"3q 8 Encroachment Agreement with attached plat. 0 0 1 6% 4 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 91-338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT AT 6800 AVIARA DRIVE. WHEREAS, a request has been made to construct a guard station within a gc utility and access easement at the entrance to Aviara Drive (private street) from Blackrail I and WHEREAS, the general utility and access easement was dedicated to the C Carlsbad per City of Carlsbad Tract 85-35 Aviara Phase I Unit D according to Map there 1241 2 filed in the office of the County Recorder of San Diego County on June 29, 198 per Parcel Map No. 16451 filed in the office of the County Recorder of San Diego COI April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California, an WHEREAS, the City Engineer has determined that the encroachment will not ad1 affect the public’s ability to use the easement, and WHEREAS the owners of the Encroachment have executed an Encroac Agreement wherein they covenant and agree with the City of Carlsbad as follows: (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. The Owner 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. (8) (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after 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. /If f/l 1' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? l8 19 20 21 22 23 24 25 26 27 28 0 m (D) Whatever rights and obligations were acquired by the City with respect to the 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. Prior to installation of the encroachment, the Owner shall process a construction revision to Improvement Plan Drawing NO. 295-1, Sheet 4 of 15 incorporating protective measures to prevent damage to the existing sewer line to the satisfaction of the City Engineer. Prior to installation of the encroachment, the Owner shall provide the City Engineer proof that the Carlsbad Municipal Water District has approved building plans for the construction of the encroachment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car (E) (F) California as follows: 1. 2. That the above recitations are true and correct. That the Encroachment Agreement authorizing Aviara Land Associe construct a guard station within the general utility and access easement, which is on f the City Clerk and is incorporated by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroac Agreement and the City Clerk is authorized to cause the original agreement to be re in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ' held on the 15th day of October, 1991 by the following vote, to wit: AYES: Council Members Lewis, Larson and Stanton NOES: None ABSENT: Council M ATTEST: &L&dQ- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) t ) 1 1 City Clerk's Office 1 City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 RECORDING REQ t STED BY AND WHEN RECORDED MAIL TO: ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEME" This ENCROACHMENT AGREEMENT ( "Agreementtt) is entered between the CITY OF CARLSBAD (gtCityg9) and Aviara Land Assoc Limited Partnership, a Delaware Limited Partnership, (tlOwnerl accordance with Chapter 11.16 of the Carlsbad Municipal Cod( 1. The ProDertv. Owner is the owner of that certair property located at 6800 Aviara Drive, within the City of Car: San Diego County, California, AsSeSSor~S Parcel Number 215-6: and more particularly described in Exhibit t9AE*, attached here. incorporated herein by reference. 2. The Easement. City currently owns an existing ea over, under, and across Ownerls property for general utili. access which easement is described in Exhibit r*Bw8 attached and incorporated by reference. 3. The Encroachment. City hereby covenants and agre grants its permission to Owner to build guard station at en of Aviara Drive (Private street). A plat showing the locat the encroachment is attached as Exhibit *tCtt attached here1 incorporated by reference. This Agreement is subject t following terms and conditions: (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 Owner 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 Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after 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. Whatever rights and obligations were acquired (C) (D) AGREEMENTS/AG-llB. FRH 1 a w by the City with respect to the 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. (E) Prior to installation of the encroachment, the Owner shall process a construction revision to Improvement Plan Drawing NO. 295-1, Sheet 4 of 15 incorporating protective measures to prevent damage to the existing sewer line to the satisfaction of the City Engineer. (F) Prior to installation of the encroachment, the Owner shall provide the City Engineer proof that the Carlsbad Municipal Water District has approved building plans for the construction of the encroachment. 4. Entire Aareement. This Agreement constitutes the agreement between the parties with respect to the subject hereof and supersedes and replaces all other agreements, c written, between the parties with respect to the subject mz 5. Notices. Any notice which is required or may be pursuant to this Agreement shall be sent in writing by States mail, first class, postage pre-paid, registered or cei with return receipt requested, or by other comparable corn means and addressed as follows: If to the City: If to the Owner: City of Carlsbad D.L. Clemens 2075 Las Palmas Drive Aviara Land Associates Carlsbad, CA 92009-4859 2011 Palomar Airport Rd., #206 which addresses may be changed from time to time by prc notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any omission by Owner shall not constitute a waiver of any default by Owner and shall not be deemed a waiver or unnecessary city's consent for approval to any subsequent Owner. Any waiver by City of any default must be in writ shall not be a waiver of any other default concerning the any other provision of the Agreement. 7. Successors and Assiqns. This Agreement shall be and inure to the benefit of the parties hereto and their res legal representatives, successors, and assigns. Owner ag incorporate this agreement by reference in any subsequent c the property, but any failure to do so does not invalida provision. /// /// AGREEMENTS/AG-11B.FRM 2 Carlsbad, CA 92009 0 party represents that the pers executing this Agreement on behalf of such party have the auth to execute this Agreement and by such signature(s) thereby such party. IN WITNESS WHEREOF, this parties hereto have executed Agreement on this 26th day of September , 19- BY: Aviara Land Assoc Limited Partnershi Delaware Limited Partnership Land Company, By: Aviarq Delaya e Corporatior General Partner -----@q BY:-=- )“!,k,4 Name: T) - 1. - -cl-ns Assistant Secreta1 Title: By: Republic Devel Company, A Californ Corporation, Genera Title- Vice President By y2- 6-7 kame: John K. Alstrom Title: Assistant Secret Mayor 3 AGREEMENTS/AG-11B.FRM 0 rn STATE OF CALIFORNIA I COUNTY OF San Diego I I ss. On September 26. 1991 before me, the undersigned, a Notary Public in and fc said State, personally appeared D.L. Clemens, personally known to me 7 3 to be the person who executed the within instrument 4 the Vice President and John K. Alstrom personally known to me-1 a to be the person who executed the within instrument as tl. Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation th executed the within instrument on behalf of Aviara Land Associates Limited Partnershi a Delaware Limited Partnership, the partnership that executed the within instrument, ar acknowledged to me that such corporation executed the same as such partner and that sut partnership executed the same. WITNESS my hand and official seal. hmL a- @~zT!&>/t-e -- NOTARY PUBLIC OFFICIAL SEAL ', (Seal) STATE OF CALIFORNIA I COUNTY OF San Diego I I ss: On SeDtember 26. 1991 before me, the undersigned, a Notary Public in and said State, personally appeared D.L. Clemens, personally known to me - 2 to be the person who executed the within instrumen the Vice President, and John K. Alstrorn, personally known to me 7 Lto be the person who executed the within instrument as Assistant Secretary of Republic Development Company, a California corporation, corporation that executed the within instrument on behalf of Aviara Land Associ: Limited Partnership, a Delaware Limited Partnership, the partnership that executed within instrument, and acknowledged to me that such corporation executed the same such partner and that such partnership executed the same. WITNESS my hand and official seal. lif L (& a- O@hJyi@ NOTARY PUBLIC (Seal) 0 CI EXHIBIT 'A' Parcel 1 of Parcel Map 16451 filed in the office of the County Recorder of $an Diego County on April 15, 1991, in the City of Carlsbad, County of San Diego, State of California. a w EXEXBIT 1tBf' LEGAL DESCRIPTION EXISTING GENERAL ETILITY AND ACCESS EASEMENT TO THE CITY f CARLSBAD DEDICATED PER CITY OF CARLSBAD TRACT 85-35 AVI. PHASE I VNIT "D" ACCORDING TO MAP THEREOF NO. 32432 FILED THE OFFICE OF "Ei COUNTY RECORDER OF SAN DIEGO CObXTY, J 29,1989, TOGETHEX WITH AN EXISTING GENE-L UTILITY AND ACC EASEMENT TO THE CITY OF CARLSBAD DEDICATED PER PARCZL MAI? CUUNTY, APRIL 15, 1943, ALL IN = CITY OF CARLSBAD, COD OF SAN DIEGO, STATE OF CALIFORNIA. 16451 FILED IN THE OFFICE OF TRE COUNTY RECORDER OF SA \ --*-.--- f!$ ~ Esli(crk pr4L CT; - - - 7- -- -- 0 8