HomeMy WebLinkAbout1992-03-03; City Council; 11578; ABOVE GROUND ENCROACHMENT 1750 BASSWOOD AVE AND 3350 VALLEY STREET CARLSBAD CA 92008.
AB##- TITLE: ABOVE GROUND ENCROACHMENT
MTG.3 -3 - 4’ 2- 1750 BASSWOOD AVE. AND 3350 VALLEY STREET
CARLSBAD, CA 92008
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DEPT.J~Z&!@- PR 4.50
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CITY
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RECOMMENDED ACTION:
Adopt Resolution No. 79 - dx approving the above ground encroachment of i
retaining wall along the rear property line at 1750 Basswood Avenue and alo
common property line on the adjacent lot at 3350 Valley Street.
ITEM EXPLANATION:
Ms. June Andersen, owner of a corner lot at 3350 Valley Street and Mr. Robert
owner of the adjacent lot at 1750 Basswood Street, have requested an above 1
encroachment permit to construct a block retaining wall in a 6 foot public utility ea!
which runs along their properties. This is a joint application to satisfy the tern
settlement agreement of a lawsuit between Spring and Andersen.
The wall will be “L“ shaped running along a portion of Mr. Spring’s rear lot line an(
the common property line between Mr. Spring’s and Ms. Andersen’s propertier
portion of the retaining wall on Mr. Spring’s rear property line will have an exposed
of two feet facing Mr. Spring’s property and six feet facing his neighbor’s propert!
northwest. The portion of the retaining wall along the common property line betwc
Spring’s and Ms. Andersen’s properties will have an exposed height of less than t
on Mr. Spring’s side and maximum of six feet on Mrs. Andersen’s side.
At the request of Ms. Andersen’s lawyer, the Planning Director has agreed to consi
lot line dividing the two properties to be the rear lot line of Ms. Andersen’s pr
thereby allowing the retaining wall to reach a maximum height of 6 feet.
Staff has reviewed the request and inspected the site and has determined tl
encroachment will not adversely affect the utility companies’ ability to acce
easement. The utility companies were notified and have no objections
encroachment. As a standard requirement both property owners have
encroachment agreements.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Location Map.
2. Resolution No. 9 d - & k .
3. Encroachment Agreement with attached plat.
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LO CAT1 0 N MAP
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-~ PROJECT
NUMBER
PR 4-50
PRoJECT NAME ABOVE GROUND ENCROACHMENT \ FOR 1750 BASSWOOD AVE. AND 3350 VALLEY ST.
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RECORDING REQUESTED BY 1
AND WHEN RECORDED MAIL TO: )
1 1 1 City Clerk
Carls3a6, CA 92008
City of Cai-ls32.d 1 1200 Czr;sSad Village Drive )
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT
This ENCROACHMENT AGREEMENT ( llAgreementgt) is enterec between the CITY OF CARLSEAD ('tCityl') and June Y. And (tlOwnertt), in accordance with Chapter 11.16 of the cz Municipal Code.
1. The Property. Owner is the owner of that certai property located at 3350 Valley Street, within the C Carlsbad, San Diego County, California, Assessorts Parcel
205-080-36, and more particularly described in Exhibii attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing e; over, under, and across Owner's property for public 1 purposes which easement is described in Exhibit lrBtt attached and incorporated by reference.
3. The Encroachment. City hereby covenants and agrl grants its permission to Owner to allow construction of a re. wall across a public utility easement. A plat showi
location of the encroachment is attached as Exhibit "C" a hereto and incorporated by reference. This Agreement is sub the following terms and conditions:
(A) The encroachment shall be installed and ed 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, Micluding 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
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(C)
REV 6/ AGR!EMENTS/AG-llB.FRH
AGR
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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 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 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 cer with return receipt requested, or by other comparable comn means and addressed as follows:
If to the City: If to the Owner: City of Carlsbad Ms. June Y. Andersen
2075 Las Palmas Drive 3350 Valley Street Carlsbad, CA 92009-4859 Carlsbad, CA 92008
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 ani default by Owner and shall not be deemed a waiver or unnecessary City t 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 1 the propert2, but any failure to do so does not invalida
provision.
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IEMENTS/AG- 11 B. FRM 2 REV 61
SUBSCRIBING-WITNESS ACKNOWLEDGMENT ("WITNESS JURAT")
to be the person whose name is subscribed to the within instrument
thereto, and who swore or affirmed before me that Sk
personally knows \Tu f &UhSw (naml
not appearing before Notary) to be the individual whose name is I
to the within instrument as principal and witnessed that individual sig
and acknowledge signing it freely for the purposes therein contai
nM, 122 NATIONAL NOTARY ASSOCIATION 23012 Venlura Blvd. PO. BOX 4625 'JI1
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8. Caoacitv. 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
Agreement on this 4-17 day of J
ATTEST BY:
G. [-L
hdersen, Owner aJLXL4 RA
ALETHA L. RAUTENKRANZ
City Clerk
APP OVED AS TO FOREI:
3+72. Mayor
VINCENT LR.k F. BIONDO, JR.
City Attorney
(?at&&&weaAw\
CAROLYN WER, Subscribing
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REV 6/ 3 AGRi:EMENTS/AG-I 1B. FRM
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LEGAL DESCRIPTION
Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 3691, filed in the Office of the County
Recorder of San Diego County, August 16, 1957.
EXHIBIT "A" J
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LEGAL DESCRIPTION OF EASEMENT
A 6 foot strip of land along the northwesterly property line of Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 3691, filed in the office of the County Recorder of San Diego County, August 16, 1957.
EX H I B I T I' B I'
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VALLEY STREET 12' puBLlc
---A_- _____-_--_----------
WOOD FENCE
R ETAlN I NG WALL WlTH 3' GUARD RAIL
EXIST. 5' HlGt
RETAINING WAI
100' LONG
SPFIJNG
RETAINING WALL OF PROPERTY PRUPERTY MMEDIATELV ADJ.
fe
FOR 3350 VALLEY ST.
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RECORDING REQUESTED BY 1
AND WHEN RECORDED MAIL TO: 1
)
City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dr )
Carlsbad, CA 92008 )
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT
This ENCROACHMENT AGREEMENT ( "Agreementv1) is entere between the CITY OF CARLSBAD ("City") and Robert A. Sprj Kathy M. Spring, (nOwner*l), in accordance with Chapter 11.16
Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certa.
property located at 1750 Basswood Avenue, within the C Carlsbad, San Diego County, California, Assessor's Parcel
205-080-37, and more particularly described in Exhibi attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing e over, under, and across Owner's property for public purposes which easement is described in Exhibit llBtr attached and incorporated by reference.
3. The Encroachment. City hereby covenants and agr grants its permission to Owner to construct a 6' block re
wall in the public utility easement. A plat showing the 1 of the encroachment is attached as Exhibit WH attached her
incorporated by reference. This Agreement is subject following terms and conditions:
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(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 rpmoval 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
(C)
1 REV 6/ AGR"EMENTS/AG- 1 1 B. FRM
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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 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 ar 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 Robert A. Spring and Kathy M. Spri
2075 Las Palmas Drive 1750 Basswood Avenue Carlsbad, CA 92009-4859 Carlsbad, CA 92008
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 writ1 shall not be a waiver of any other default concerning the : any other provision of the Agreement.
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 invalids. provision. J
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7. Successors and Assisns. This Agreement shall be
AGRIEMENTWAG-11B.FRM 2 REV 6/d
san ale40 STATE OF CALIFORNIA - COUNTY Of
' On sa, 1 q2L before me, ~~;~b 2. cay
J , Notat
personally known to me (or proved to me on the basis of satisfactory evtdence) to be the person(s) whos
dare subscribed to the within instrument and acknowledged
to me that Webe/they executed the same in h&or/their
authorized capacity(ies), and that by h&k/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person@) acted, executed the instrument
(Seal)
SF 9474 8 (Rev A 11 90) (CA)
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8. CaDacitv. Each 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 aa"ld day of Febrdary I 19-
ATTEST BY : A5&4 fr
ROBERT A. SPR G u 4- R_-
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM: La. L
VINCENT F. BIONDO, JR. city Attorney 3. +. 7 2 b Mayor
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REV 6/r 3 AGRGEMENlS/AG-llB.FRM
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LEGAL DESCRl PT ION
Lot 12 of PARADISE ESTATES UNIT NO. 1 in the City of
Carlsbad, County of San Diego, State of California,
according to Map thereof No. 3691, filed in the Office of
the County Recorder of San Diego County, August 16,1957.
/ EXHIBIT "A"
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LEGAL DESCRIPTION OF EASEMENT
The 6' strip of land along the westerly property line of
Lot 12 for the purpose of Public Utility Easement, of
PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 3691, filed in the Office of the County Recorder
of San Diego County, August 16, 1957.
E X H I B I T 'I B " J
PLAT OF PROJECT
___--- _____________-------.
\ \ \
RETAINING WALL WlTH 3' GUARD RAIL
EXIST. 5' HIGH
RETAIN IN G WAL 100' LONG
ANDERSEN
PROPERTY
S?RlNG
PROPERTY
LOT -12
ie
PROJECT NAME ABOVE GROUND ENCROACHMENT PRoJECT NUMBER
~ FOR 1750 ,BASSWOOD AVE. PR 4.50 ' Wll
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RESOLUTION NO. 92-68
A RESOLUTION OF THE CLTY COUNCIL OF CARLSBAD CALIFORNIA
APPROVING AN ABOVE GROUND ENCROACHMENT AT 1750 BASSWOOD
AVENUE and 3350 VALLEY STREET.
WHEREAS, a request has been made to construct and maintain a retaining wz
public utility easement, and
WHEREAS, Ms. June Y. Andersen is the owner of the corner lot at 3350 Valley
(APN 205-080-36) and Mr. Rober A. Spring is the owner of the adjacent lot at 1750 Bas:
Avenue, (APN 205-080-37), and
WHEREAS, the wall will be located along the rear lot line of Mr. Spring’s proper
along the common lot line dividing his property from Ms. Andersen’s property, and
WHEREAS, the portion of the wall along the common lot line is the result
settlement of a lawsuit between Spring and Andersen, and
WHEREAS, the Planning Director has agreed to consider the common lot line
divides the two parcels as the rear lot line of Ms. Andersen’s corner lot in order to allc
agreed upon 6 foot wall to be constructed between the two properties, and
WHEREAS, the City Engineer has determined the encroachment will not affect thl
companies’ ability to access the easement, and
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WHEREAS, the owners of the properties requesting the encroachment have ex1
Encroachment Agreements wherein they covenant and agree with the City of Carlsl
follows:
(A) The encroachment shall be installed and maintained in a safe
and sanitary condition at the sole cost, risk, and responsibility
of the owners and their successors in interest.
The Owners shall agree at all times to indemnify and hold the
City free and harmless from any and ail claims, demands,
losses, damages, or expenses resulting from the construction,
(B)
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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 Owners 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 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 C
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Agreements authorizing June Andersen and
Spring to construct a retaining wall within the public utility easement, which are on file
City Clerk and are incorporated by reference, are approved.
Ill
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3. That the Mayor and City Clerk are authorized to sign the Encroa
Agreements and the City Clerk is authorized to cause the original agreements 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 3rd day of March, 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton an1
NOES: None
ABSENT: None
ATTEST:
QQaL
ALnHA L. RAugiKgN-
(SEAL)