HomeMy WebLinkAbout1992-01-21; City Council; 11514; ABOVE GROUND ENCROACHMENT| 5430 CARLSBAD BOULEVARD CARLSBAD, CA 92008| PR 4.46t 1
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CIWF CARLSBAD - AGEN-ILL
AB#+ TITLE: ABOVE GROUND ENCROACHMENT DEPT?~
5430 CARLSBAD BOULEVARD CITY A1
PR 4.46 CITY Mc CARLSBAD, CA 92008 MTG. 01/71/92
DEPT. ENG.
RECOMMENDED ACTION:
Adopt Resolution No, 9 9. - I 5 approving the above ground encroachment for thc
of non-standard exposed aggregate paving between a private driveway and Car
Boulevard in the street easement.
ITEM EXPLANATION:
Mr. Ray Escano has requested an above ground encroachment permit to allow th
of non-standard exposed aggregate paving in his private driveway. Staff has rev
his request and has determined that the use of this type of pavement will not PO:
inherent risk to the public in the right of way.
As a standard requirement of an encroachment request, the applicant has sign
encroachment agreement stating that he will remove, at his own expense, any por
the encroachment upon notification by the City Engineer. The utility companie2
notified and no objections were raised. A representative from Pacific Bell, howev
state that at some time in the future they will need to underground their overheac
and reiterated the fact that the property owner is responsible for any expense in
by Pacific Bell involving the proposed encroachment if driveway cutting or repa
deemed necessary.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Location Map.
2.
3.
Resolution No. 9 2 - [ 9
Encroachment Agreement with attached plat and legal descriptions.
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I MAP
PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT NUMBER PR 4.46 FOR 5430 CARLSBAD BLVD.
DRAWN QY SrnTT FVANS CAR1 SRAn FNGINFFRINC nFPT 8/28/91
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RESOLUTION NO. 92-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 5430 CARLSBAD BOULEVARD.
WHEREAS, a request has been made to install and maintain a nonstandard dr
in the public street easement, and
WHEREAS, the driveway fronts the westerly line of property described as Lot
Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of Cal
according to Map thereof No. 3312, filed in the Office of the County Recorder of San
County, October 14, 1955, and
WHEREAS, the City Engineer has determined that the driveway will present no u
risk to the public in the right of way, 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 SE
sanitary condition at the sole cost, risk and responsibility of the
and its successor in interest.
The Owner shall agree at all times to indemnify and hold the C
and harmless from any and all claims, demands, losses, dama
expenses resulting from the construction, maintenance, use, rc
removal of the structure installed hereunder, including an
damage, or expense arising out of (1) loss or damages to prop€
(2) injury to or death of persons.
The Owner must remove or relocate at owners sole cost any pal
encroachment within ten (10) days or such other time as spec
the notice after receipt of it from the City Engineer, or the City EI
may cause such work to be done and the reasonable cost there
constitute a lien upon the property.
Whatever rights and obligations were acquired by the City with
to the street easement shall remain and continue in full force an
and shall in no way be affected by City’s grant of permis
construct and maintain the encroachment structure.
B.
C.
D.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C:
California, as follows:
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1.
2.
That the above recitations are true and correct.
That the Encroachment Agreement authorizing Ray Escano to constru
maintain the driveway in the street easement, which is on file with the City Clerk
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 21st day of January , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton anc
NOES: None
ABSENT: None
f/( 42 JZ&
CLAUDE A. LEWIS, Mayor
ATTEST:
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RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 1
1200 Carlsbad Village Drive 1
City Clerk 1
City of Carlsbad 1
Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WA
This ENCROACHMENT AGREEMENT ( ttAgreementlt) is entere
between the CITY OF CARLSBAD (ItCitytt) and Ray Escano, (ttOwne accordance with Chapter 11.16 of the Carlsbad Municipal Cot
1. The Property. Owner is the owner of that certa.
property located at 5430 Carlsbad Boulevard, within the (
Carlsbad, San Diego County, California, Assessorts Parcel
210-115-21, and more particularly described in Exhibi attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing el over, under, and across Owner's property for street purpose easement is described in Exhibit IIBtl attached heref incorporated by reference.
3. The Encroachment. City hereby covenants and agr
grants its permission to Owner to use a non standard ( aggregate finish) on the public right of way. A plat show location of the encroachment is attached as Exhibit ItCt1 a hereto and incorporated by reference. This Agreement is sub the 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.
(C) The Owner must remove or relocate at owners
sole cost any part of the encroachment within
ten (10) days or such other time as specified in the notice after receipt of it from the
AGREEMENTWAG- 11A. FRM 1
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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 Aareement. This Agreement constitutes thc agreement between the parties with respect to the subject hereof and supersedes and replaces all other agreements,
written, between the parties with respect to the subject n
5. Notices. Any notice which is required or may I: pursuant to this Agreement shall be sent in writing by States mail, first class, postage pre-paid, registered or cc with return receipt requested, or by other comparable cor means and addressed as follows:
If to the City: City of Carlsbad Ray Escano
2075 Las Palmas Drive 800 Grand Ave., Suite A-1
Carlsbad, CA 92009-4859 Carlsbad, CA 92008
which addresses may be changed from time to time by pi 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 an default by Owner and shall not be deemed a waiver or unnecessary City's consent for approval to any subsequenl Owner. Any waiver by City of any default must be in wrii shall not be a waiver of any other default concerning the any other provision of the Agreement.
7. Successors and Assisns. This Agreement shall be and inure to the benefit of the parties hereto and their re legal representatives, successors, and assigns. Owner ac incorporate this agreement by reference in any subsequent the property, but any failure to do so does not invalid, provision.
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If to the Owner:
2 AGREEMENTWAG-11A. FRM
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8. Capacitv. Each party represents that the per
executing this Agreement on behalf of such party have the aut
to execute this Agreement and by such signature(s) thereb
such party.
IN WITNESS WHEREOF, this parties hereto have execute Agreement on this 2-5 day of PEz.B4B&K , 1s
ATTEST BY:
AfLsiZx &; RAY (Z7d,G ESCAN Owner
ALF~HA ~~~UT&RANZ
City Clerk
&w2QwmmxFlryx~z@mpxs&
Mayor *~X~~~ /* zt.=.
RONALD R. BALL, Acting
City Attorney
(Individual)
STATE OF CALIFORNIA 1 ss.
! s * Gn&S a Notary Public in and for said State,
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before me,-\\
personally appeared RAGI (7s (A4 ~1
, .-
person= whose name-subecribed to the i
Forrn3213(CA 12-82) (Thu area for offfcul noranalseal)
AGREEMENTS/AG-11A.FRM 3
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City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: Encroachment Agreement
Prop. Add. : 5430 Carlsbad Blvd.
APN#: 210-115-21
EXHIBIT B
Easement.
The 18.5' most westerly portion of Lot 121 of Terramar,
Unit No. 4, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 3312, filed
in the Office of the County Recorder of San Diego County,
October 14, 1955.
A.K.A. - 5430 Carlsbad Boulevard
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PLAT OF PROJECT
CARLSBAD BLVD.
EX1 ST. ROLLED CURB
.............. ........... ...........
PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT NUMBER PR 4.46 FOR 5430 CARLSBAD BLVD.
?!AM PV. CCnTT NAN9 PAPI -All CNMNFFRING OFPT. 0/25/91