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HomeMy WebLinkAbout1992-06-02; City Council; 11705; ABOVE GROUND ENCROACHMENT FOR 932 1/2 HOME AVENUE| PR 4.57i - ea 0 4 9 fk CG z 0 F 0 a i 8 z 3 Y OF CARLSBAD - AGV ' A BILL 4; T ABOVE GROUND ENCROACHMENT FOR DEP' AB # I!; 7 0 5 CITY MTG. &?--'i3 DEPT. ENG CITY RECOMMENDED ACTION: Adopt Resolution No. q2-r~Q approving an above ground encroachment for an e patio area with landscaping in the street easement at 932-1/2 Home Avenue ITEM EXPLANATION: Mr. George Windrum has requested an above ground Encroachment Permit to a existing patio and landscaped area which extends 15 feet (15') into the Hope street easement off his side yard. This portion of Hope Avenue is not impro is used only as a driveway to an apartment complex in back of the Wi property. Staff has reviewed the request and inspected the site and has det that the encroachment will not adversely affect the public's ability to I easement. The utility companies were notified and have no objection encroachment. As a standard requirement, the applicant has signed an Encro Agreement. FISCAL IMPACT: NONE. v TITLE: 932-1/2 HOME AVENUE PR 4.57 EXHIBITS: 1. Location map. 2. Resol uti on No. 92-/q6 approving an above ground encroachment existing patio area with landscaping in the street easement at 932-1 Avenue. Encroachment Agreement with attached pl at. 3. PROJECT NAME ABOVE GROUND ENCROACHMENT FOR 932 1/2 HOME AVE. PRoJECT PR 4.57 NUMBER -.. 0 0 RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 1 City Clerk 1 City of Carlsbad 1 Carlsbad, CA 92008 1 1200 Carlsbad Village Drive ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAl This ENCROACHMENT AGREEMENT ( "Agreement'*) is enterec between the CITY OF CARLSBAD (wgCity'*) and George Windrum an Windrum, ("Owner'*), in accordance with Chapter 11.16 c Carlsbad Municipal Code. 1. The ProDertv. Owner is the owner of that certai property located at 932% Home Avenue, within the City of Car San Diego County, California, Assessor's Parcel Number 20 1200, and more particularly described in Exhibit **A*', at hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing ea over, under, and across Owner's property for street purposes easement is described in Exhibit **B" attached heret incorporated by reference. 3. The Encroachment. City hereby covenants and agrc grants its permission to Owner to maintain patio arc landscaping adjacent to side yard in the public right of w plat showing the location of the encroachment is attac Exhibit t*C'l attached hereto and incorporated by reference. Agreement is subject to 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. The Owner musf 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 AGREEMENTWAG-1 1A.FRM 0 0 4 (D) 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. 4. Entire Aareement. This Agreement constitutesthe I agreement between the parties with respect to the subject 1 hereof and supersedes and replaces all other agreements, 0: 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 corn means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Mr. & Mrs George Windrum 2075 Las Palmas Drive 42 3 0 Clearview Dr'ive 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 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 1 and inure to the benefit of the parties hereto and their res] legal representatives, successors, and assigns. Owner agi incorporate this agreement by reference in any subsequent d the property, but any failure to do so does not invalidal provision. /// /// /// /// /// /// /// /// /// /// /// /// /// AGREEWENWAG- 11A.FRM 2 0 0 - 8. Capacity. Each party represents that the Pe executing this Agreement on behalf of such Party have the au to execute this Agreement and by such signature(s) there’ such party. Agreement on this ‘f ATTEST IN WITNESS WHEREO , this parti ereto have execute 7& day of , l! BY: ALETHA Ll-QcbLd&% L. RAUTEN-Z city Clerk George Windrum, Owner /& J!Eh Rita Windrum, Owner ED AS ‘TO FORM: Acting City Attorney -_ . -_ - --- _-__ -- -__ County of Sc,,3 ,ec, A the u n d e Is i g n ed N 0 tar)’ P u b I i c, pe rso rial I y a p p La red OFFfCfAL SEAL ROSE M. SPERRY 0 Personally known to me @6roved to me on the basis of satisfactory evidence to bethe Perso@whose namm ccp within instrument, and acknowledged that +-L,,~ 3 AGREEMENTS/AG-l IA-FRM 0 0 EXHIBIT "A" LEGAL DESCRIPTION OF LOT All of Lot 10 of SCHELL AND SITES ADDITION TO CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2145, filed in the office of the County Recorder of San Diego County, February 20, 1929. Excepting therefrom the southwesterly 56 feet thereof. .\ 0 0 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT A 50' easement for street purposes adjacent to the north- east property line of Lot 10 of SCHELL AND SITES ADDITION TO CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2145, filed in the office of the County Recorder of San Diego County, February 20, 1929. -6 ACCESS TO * !. c1 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 92-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ABOVE GROUND ENCROACHMENT FOR 932-1/2 HOME AVENUE WHEREAS, a request has been made to maintain an existing patio ai landscaping within a fifty foot (50’) street easement known as Home Avei WHEREAS, the patio area is located along the easterly side lot property located at 932-1/2 Home Avenue; and WHEREAS, the patio area and landscaping extend fifteen feet (15’) street easement along the entire fifty-six feet (56’) of the easterly line; and WHEREAS, the City Engineer has determined that the encroachment adversely affect the public’s ability to use the easement; and WHEREAS, the owners of the property requesting the encroachml executed an Encroachment Agreement wherein they covenant and agree with of Carlsbad as follows: 1. That above described structure shall be installed and main a safe condition at the sole cost, risk and responsibility of Ow successors in interest, who shall hold the City harmless with respecl owned facilities. 2. Whatever rights and obligations were acquired by the C respect to the public right-of-way shall remain and continue in full effect and shall in no way be affected by the City’s grant of perm construct and maintain the encroachment structure. 3. These agreements are made for the direct benefit of Own above described and the covenants and conditions herein continued shal‘ said land and shall be binding on the assigns and successors of Owner Owners agree to remove structure upon order from the Citg I. 4. /I/ 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, be it resolved by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Encroachment Permit, dated May 5, 1992, authorizinl Mrs. George Windrum to maintain the existing patio area and landscapir street easement, which is on file with the City Clerk and is incorpc reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Enci Agreement and the City Clerk is authorized to cause the original agreem recorded in the office of the County Recorder of San Diego County, California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl! Council held on the 2nd day of June , 1992 by the follow to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyga NOES: None ABSENT: None (SEAL) 4.