HomeMy WebLinkAbout1991-12-17; City Council; 11482; ABOVE GROUND ENCROACHMENT| 2735 CAZADERO DRIVE CARLSBAD, CA 92009| PR 4.51I
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RECOMMENDED ACTION:
Adopt Resolution No. 9 I - YO& approving the above ground encroachment to
a retaining wall along a portion of each side of the driveway and to use colored stai
concrete paving in the driveway approach at 2735 Cazadero Drive.
ITEM EXPLANATION:
Mr. and Mrs. William Miholich have requested an above ground encroachment per
construct a retaining wall along each side of their driveway ending at two 18" sc
columns with globe lights on top. The maximum height of the columns will be 42
the retaining wall will diminish as it goes up the driveway for a distance of approxin
20'. In addition they are proposing to use colored stamped concrete in their drib
Staff has reviewed the request and determined that the encroachment will not advc
affect the public's ability to use the street easement and it will, in fact enhanc
appearance of the property. The utility companies were notified and they ha!
objections to the encroachment. As a standard requirement, the applicant has sign
Encroachment Agreement stating that they will remove or relocate at their own exF
any portion of the encroachment upon notice from the City Engineer.
FISCAL IMPACT
2. Resolution NO. 9i .-. b'OD ea 3. Encroachment Agreement with attached plat. ldlt 8 E & 4
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RESOLUTION NO. 91-402
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 2735 CAZADERO STREET
WHEREAS, a request has been made to install and maintain two 42' retaining
and to use colored stamped concrete in the driveway approach in the public right of wa
WHEREAS, the retaining walls and driveway will be 8 part of property described t
Diego County Tax Assessor as parcel number 21 5-400-1 0, and
WHEREAS, the retaining walls and driveway will be installed and maintained alc
north property line at 2735 Cazadero Street, and
WHEREAS, the City Engineer has determined that the encroachment will not ad
affect the public's ability to use the easement, and
WHEREAS, the owners of the property have executed an Encroachment Agrc
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.
(6)
(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,
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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 by the City with
respect to the right-of-way and 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.
(D)
NOW, THEREFORE, be it resolved by the City Council of the City of Carl
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Mayor and City Clerk are authorized to sign the Encroact-
Agreement and the City Clerk is authorized to cause the original agreement to be rec
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 C
held on the 17 th day of December 1 991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None
ATTEST:
a&
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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RECORDING REQUESTED BY 1
AND WHEN RECORDED MAIL TO: 1 City Clerk 1
City of Carlsbad ) 1200 Carlsbad Village Dr. )
Carlsbad, CA 92008 1
1
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
This ENCROACHMENT AGREEMENT ("Agreement") is entered
between the CITY OF CARLSBAD (llCityll) and William F. Miholic: Candice K. Miholich, (110wTler81), in accordance with Chapter 11 the Carlsbad Municipal Code.
1. The ProDertv. Owner is the owner of that certair
property located at 2735 Cazadero Drive, within the Ci Carlsbad, San Diego County, California, Assessorts Parcel 1
215-400-10, and more particularly described in Exhibit attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing ea!
over, under, and across Owner's property for street easement easement is described in Exhibit 'lB" attached heretc
incorporated by reference.
3. The Encroachment. City hereby covenants and agrel
grants its permission to Owner to build a retaining wall a
portion of each side of the driveway and to use colored s
concrete in the driveway approach. A plat showing the locat the encroachment is attached as Exhibit OC1l 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 (C)
1 AGREEMENTWAG- 1 IA. FRM
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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
by the City with respect to the right-of-way and 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.
(D)
4. Entire Aureement. This Agreement constitutes the
agreement between the parties with respect to the subject
hereof and supersedes and replaces all other agreements, o written, between the parties with respect to the subject ma
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 cex with return receipt requested, or by other comparable corn
means and addressed as follows:
If to the City: City of Carlsbad ' William F. and Candice K. Miholicl
2075 Las Palmas Drive
Carlsbad, CA 92009-4859 Carlsbad, CA 92009
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 Assians. 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 d
the property, but any failure to do so does not invalida
provision.
///
///
If to the Owner:
2735 Cazadero Drive
.A
2 AGREEMENTWAG-11A.FRH
P- 1
On this the 22 day of NovembLp
Gabriela Zarty--------------
. ____ t
County ofSan&go
the undersigned Notary Public, personally appeared
illiam F. Miholich and Candice K. Miholic
9 personally known to
i 1 proved to me on the satisfactory evidence
to be the person(s) whos
within instrument, and a
GABRELA ZARTY
subscrlbed to the
GENERAL ACKNOWLEDGMENT FORM MBC MISC 504 (2183)
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8. CaDacity. Each party represents that the pers
executing this Agreement on behalf of such party have the autf to execute this Agreement and by such signature(s) thereby
such party.
IN WITNESS WHEREOF, this parties hereto have executec Agreement on this 22 day of lJdL1tY'l fid-?? I 19-
dJ!/ FLJ~AJ~----- dQrt#&$*aur--4rr&--
ATTEST BY :
1
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William F. Miholich, Own ALETHA L. RAUTENKRANZ City Clerk
Alr Candice-K. Mihoiich, OWE
AP ROVED A,- FORM?
INCENT-F. %IONCdO , JR. Mayor
b/-AJ&/m/J!)
City Attorney
3 AGREEMENTWAG-IIA.FRM
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LEGAL DESCRIPTION
Lot 733 of LA COSTA MEADOWS, UNIT NO. 4, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 7367 filed in the Office of
the County Recorder of San Diego County, July 19,1972.
' EXHIBIT ''A"
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fl LEGAL DESCRIPTION
The 10' strip of land for street easement purposes along the north property line of Lot 733 of LA COSTA MEADOWS, UNIT NO. 4, in the City of 'Carlsbad, County of San Diego, State of California, according to Map thereof No. 7367 filed in the Office of the County Recorder of San Diego County,
July 19,1972.
EX H I B I T I' B "
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CAZEDERO DRIVE
PROPOSED
STAMPED CONCRETE
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