HomeMy WebLinkAbout1992-03-17; City Council; 11599; ABOVE GROUND ENCROACHMENT 3350 RIDGECREST DRIVE CARLSBAD CA 92008,*
L
B Lu > 0 P= 5
.. z 0 F: 0 a
J J
z 3 0 0
CIYOF CAldLSitlAU - ACitNwBlLL
AB#- TITLE: ABOVE GROUND ENCROACHMENT DEPT
CITY MTG. 03/17/92 3350 RIDGECREST DRIVE,
CARLSBAD, CA 92008 - PR 4.43
DEPT. ENG* CITY
RECOMMENDED ACTION:
Adopt Resolution Number qa -8 4
for an existing retaining wall at 3350 Ridgecrest Drive.
approving the above ground encroac
ITEM EXPLANATION:
A request was made by Mr. and Mrs. Kevin Kelso to maintain an existing retaini
along their rear property line. The wall lies on the west side of a ten foot dl
easement and on the east side of an adjacent eight foot public utility easemen
south end of the wall also lies in an abandoned four foot SDG&E easement and c
a storm drain in another drainage easement. From Ridgecrest Drive the wi
maximum of two feet high. From the east side of the wall the height ranges from 1
at the north end to approximately eight feet at the south end.
The retaining wall was constructed to fill in a gully thereby creating a useable le
and side yard. The property owners have applied for an Administrative Variance 1
them to exceed the six foot height limit in their rear yard. The variance was aF
subject to the approval of this encroachment permit. In addition, they were conc
to provide landscaping to soften the wall’s effect. A safety railing not to exceec
height shall also be required as a condition of this permit.
In accordance with normal processing procedures, the utility companies were notil
there were no objections to the wall. As a standard requirement of an encroa
permit, the property owners have signed an encroachment agreement.
FISCAL IMPACT:
NONE
EXH I B ITS :
1. Location Map.
2.
3.
Resolution No. q 9 - 8 4
Encroachment Agreement with attached plat.
w 0
LOCATION MAP
ABOVE GROUND ENCROACHMENT
FOR 3350 RIDGECREST DRIVE
PROJECT NAME
1'1 rll 11 -
- e
RECORDING REQUESTED BY 1
AND WHEN RECORDED MAIL TO: 1
) City Engineer 1 City of Carlsbad 1
2075 Las Palmas Drive 1
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 (I1Cityt1) and Kevin D. Kelso and Ani
Marie Kelso, (llOwnerll), in accordance with Chapter 11.16 of tl
Carlsbad-Municipal Code.
1. The ProDertv. Owner is the owner of that certain re
property located at 3350 Ridgecrest Drive, within the City
Carlsbad, San Diego County, California, Assessor's Parcel Numb
167-051-11, and more particularly described in Exhibit "A
attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing easeme
over, under, and across Owner's property for drainage whi easement is described in Exhibit ''B1' attached hereto a
incorporated by reference.
3. The Encroachment. City hereby covenants and agrees a
grants its permission to Owner to maintain an existing retaini
wall within the public drainage easements. 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 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.
(C)
1 I AGREEMENTWAG- 116. FRM
w 0
(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.
4. Entire Aareement. This Agreement constitutes the entir
agreement between the parties with respect to the subject matte
hereof and supersedes and replaces all other agreements, oral o
written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be give pursuant to this Agreement shall be sent in writing by Unite
States mail, first class, postage pre-paid, registered or certific with return receipt requested, or by other comparable commerciz
means and addressed as follows:
If to the City: If to the Owner: City of Carlsbad Mr. and Mrs. Kevin Kelso
2075 Las Palmas Drive 3350 Ridgecrest Drive
Carlsbad, CA 92009-4859 Carlsbad, CA 92008
which addresses may be changed from time to time by providii
notice to the other party in the manner described above.
6. Waiver. City's consent to or approval of any act (
omission by Owner shall not constitute a waiver of any othc
default by Owner and shall not be deemed a waiver or rendc unnecessary City's consent for approval to any subsequent act 1
Owner. 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 Assians. This Agreement shall be bindi
and inure to the benefit of the parties hereto and their respecti
legal representatives, successors, and assigns. Owner agrees
incorporate this agreement by reference in any subsequent deeds
the property, but any failure to do so does not invalidate th provision.
///
///
///
///
///
///
///
///
AGREEMENTS/AG-llB. FRCI 2 R
2
P
z
2 Z x' 2 P
Y
3
5
1
x
} ss. (sw)
STATE OF CALIFORNIA
COUNTYOF su
On $' -- 9 TI , before me, the under-
signed Notary Public, personally appeared - k.h& u, - - -
mTm WRC. &WFOI?N)A C) or (proved to me on the basis of
satisfactory evidence) to be the person f. whose
name4A subscribed to the within instrument
and acknowledged that + executed the same.
dvhHomeFedBankFs, -
uv-193 (W)
w 0
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 38 of SEACREST ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 3906, filed in the Office of the County Recorder of San Diego County, June 10, 1958;
together with that portion of Lot 9 of Carlsbad Tract No.
83-20, RISING GLEN, in the City of Carlsbad, County of San Diego, State of California, according to map thereof
No. 11578, filed in the Office of the County Recorder of
San Diego County, July 29, 1986, lying southwesterly of
the location and southeasterly prolongation of that course
in the southwesterly line of said Lot 9, bearing North
34-48-40 West, 100.00 feet.
* w 0 .
EXHIBIT "B"
EASEMENT DESC R I PT I ON
The approximately 19 foot wide strip of land for Public Drainage Easement lying adjacent to the southerly line of Lot 38 of SEACREST ESTATES, UNIT NO. 1, in the
City of Carlsbad, State of California, according to Map thereof No. 3906, filed in the office of the County
Recorder June 10, 1958; originally recorded as adjacent to a portion of the southwesterly line of Lot 9 of Carlsbad Tract No. 83-20, RISING GLEN, in the City of Carlsbad, State of California, according to map thereof No. 11578,
filed in the Office of the County Recorder July 29, 1986.
.,
..
0
PLAT OF PROJECT
PC>- I- Pl c3 rA-rc9
N
CENTERLINE 12'
DRAINAGE EA ...................
4 - d
PROJECT
- PR4.43 PRoJECT NAME ABOVE GROUND ENCROACHMENT NUMBER
FOR 3350 RIDGECREST DRIVE
d.W 0". rPn77 NAMC CAR1 aA.0 ENGINEERING DFPT. 12/16/91
“
‘Le
1
2
3
4
5
6
7
8
9
10
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
w e
RESOLUTION NO. 92-84
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 3350 RIDGECREST DRIVE
WHEREAS, a request has been made to maintain an existing retaining wall wl
public drainage easement and a public utility easement, and
WHEREAS, the retaining wall borders the rear property line of property descrit
San Diego Tax Assessor’s Parcel Number 1 67-051 -1 1 , and
WHEREAS, the retaining wall is to be maintained for a distance of 150 feet alo
rear property line and for a distance of approximately 10 feet along the southerly side
of said property, and
WHEREAS, an Administrative Variance has been granted subject to the approva
encroachment permit allowing the wall to exceed the six foot height limit, and
WHEREAS, a safety railing along the top of the wall shall be required as a co
of this encroachment permit, and
WHEREAS, the City Engineer has determined that the encroachment will not ac
affect the utility companies’ or the City’s ability to access the easements, and - WHEREAS, the owners requesting the encroachment have executed an Encroa
Agreement wherein they covenant and agree with the City of Carlsbad as follows:
A. The encroachment shall be installed and maintained in a si
sanitary condition at the sole cost, risk and responsibility of tht
and its successors in interest.
The Owner shall agree at all times to indemnify and hold the f
and harmless from any and all claims, demands, losses, daml
expenses resulting from the construction, maintenance, use, r
removal of the structure installed hereunder, including ar
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 any part of the encroi
within ten (10) days or such other time as specified in the not
receipt of it from the City Engineer, or the City Engineer ma
such work to be done and the reasonable cost thereof shall c(
a lien upon the property.
B.
C.
I_
1
v
I
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
w 0
D. Whatever rights and obligations were acquired by the City with rt
to the street easement shall remain and continue in full force and
and shall in no way be affected by City’s grant of permiss
construct and maintain the encroachment structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Agreement authorizing the owners to mair
retaining wall within the public utility easement and drainage easements
are on file with the City Clerk and are incorporated by reference, are apy
That the Mayor and City Clerk are authorized to sign the Encroa
Agreement and the City Clerk is authorized to cause the original agr
to be recorded in the office of the County Recorder of San Diego Count
of California.
3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 1
held on the 17th day of MX& , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None .
ABSENT: None
ATTEST:
AL&%%iEN$k$&ty*d (SW