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Home My WebLink About1992-07-07; City Council; 11763; ABOVE GROUND ENCROACHMENT| 2648 MARMOL COURT| PR 4.55** a Q w Q: Q i5 2 2 0 F= 0 Q 6 z 3 0 0 ClTWF CARLSBAD - AGENW BILL AB # /[, 7 6 3 ~ TITLE: ABOVE GROUND ENCROACHMENT DEPl CITY MTG. 7-7-92 DEPT. Eng CITY RECOMMENDED ACTION: 2648 MARMOL COURT PR 4.55 Adopt Resolution No. 9 2-Zo2 approving the above ground encroachment existing electronic gate control apparatus at 2648 Marmol Court. ITEM EXPLANATION: lrena Kreid has requested an above ground encroachment permit to allow an el€ gate controller to remain at its present location in Marmol Court street easemer utilities companies have been notified, and they had no objections to this encroac As a standard requirement of an above ground encroachment request, the owne executed an Encroachment Agreement. FISCAL IMPACT: NONE EXHIBITS: 1. Location Map. 2. 3. 4. Resolution No. 5 2- 202 Encroachment Agreement with attached plat Letter requesting encroachment permit dated January 27, 1992 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 2 - 2 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 2648 MARMOL COURT. WHEREAS, lrena Kreid has submitted a request to allow an existing electronic controller to remain within a public street easement along her property frontage a1 Marmol Court; and WHEREAS, the City Engineer has determined the encroachment will not ad\ affect the public’s ability to use the easement; NOW, THEREFORE, be it resolved by the City Council of the City of Ca California, as follows: 1. 2. That the Encroachment Permit, dated 7/8/92 authorizing ken to maintain the existing electronic gate controller within the public street easement v on file with the City Clerk and is incorporated by reference, is approved. That the above recitations are true and correct. 3 That the Mayor and City Clerk are authorized to sign an Encroa 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 7 th day of July , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton ani NOES: None ABSENT: None ATTEST: -L ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 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 WA This ENCROACHMENT AGREEMENT ( l1Agreernent1l) is entere between the CITY OF CARLSBAD (wlCityll) and K. R. SCHULZ AND ANN M. SCHULZ, ("Owner"), in accordance with Chapter 11.16 Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certa property located at 2648 Marmol Court, Carlsbad, California, within the City of Carlsbad, San Diego County, Cali Assessor's Parcel Number 215-491-05, and more parti1 described in Exhibit 11A1t, attached hereto and incorporated by reference. 2. The Easement. City currently owns an existing e over, under, and across Owner's property for street purpose easement is described in Exhibit rrBtr attached here1 incorporated by reference. 3. The Encroachment. City hereby covenants and agr grants its permission to Owner to maintain the existing ele gate controller. A plat showing the location of the encroachment is attac Exhibit "CT1 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 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 1 (C) AGREEMENTS/AG-1IA.FRM 0 e 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 Asreement. This Agreement constitutes the agreement between the parties with respect to the subject hereof and supersedes and replaces all other agreements, c written, between the parties with respect to the subject m: 5. Notices. Any notice which is required or may bc pursuant to this Agreement shall be sent in writing by States mail, first class, postage pre-paid, registered or ce: with return receipt requested, or by other comparable comi means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Mr. and Mrs. Schulz 2075 Las Palmas Drive 2648 Marmol Court Carlsbad, CA 92009-4859 Carlsbad, CA 92009 which addresses may be changed from time to time by pr 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 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. 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. /// /// /// /// /// AGREEMENTS/AG-11A.FRM 2 7. Successors and Assisns. This Agreement shall be 0 W 8. Capacitv. Each party represents that the pel executing this Agreement on behalf of such party have the aut to execute this Agreement and by such signature(s) therek such party. IN WITNESS WHEREOF, this parties hereto have execut€ Agreement on this day of A%& , l! BY: K.R. AND ANN M. SCI ATTEST L2?.ed&A @az.A ALETHA L. RAUTENWZ City Clerk VED AS TO FORM: Acting City Attorney TATE OF CALIFORNIA OUNTYOF SAN DIEGO } ss. I before me, a Notary Public in and for said state, personally appea On MAY 27, 1992 K. R. SCHULZ 1 and ANN M. SCHULZ******* Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) rsiare SUI he/she/they executed the same in his/her/thelr author! r the entity upon behalf of which the person(s) acted, WITNESS my hand and official s 146399 1 92 25 Notarial Acknowledgcmsol I 3 AGREEMENTS/AG-llA.FRM 0 w EXHIBIT trA'l PROPERTY DESCRIPTION LOT 80 OF LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN COUNTY, MAY 5, 1976 EXHIBIT tlB1t EASEMENT DESCRIPTION THAT PORTION OF LA COSTA ESTATES NORTH, MAP NO. 8302, DEF MARMOL COURT, FILED IN THE CITY OF CARLSBAD OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. i NOT TO SCALE ELECTRONIC GATE 2’ BETWEEN CUR6 & GUTTER a 0 e The Prudential w California Realty PO Box 8146 6046 El Tordo Rancho Santa Fe, CA 92067 (619) 756-5838 January 27, 1992 Hand Delivered City of Carlsbad 2075 Las Palmas Carlsbad, California 92009 RE: Application for Above Ground Encroachment Permit Gentlemen: Enclosed please find the completed application that was prepared in to obtain the above referenced permit. As background information, The Prudential California Realty represen Kreid, a Widow in the sale of her property. During the negotiation sale, the buyer requested that the encroachment be allowed to contin is and the seller is to provide the necessary documentation, etc. Dr. Bruce Jordan (the adjoining property owner) has been trying to g Kreid to pay for the relocation of the gate control box (approximate $2,500 worth of expenses) as he feels it encroaches upon his propert However, through several meetings with Mike Pallamary of Precision L Survey and Mapping and Tim Finnessey of the City, we find that the encroachment is located in the right-of-way. Dr. Jordan has gone as set up meetings with the buyer to get them to agree to the removal. buyer's have made their desires very clear and state that if the dri is moved one inch, this deal will not go forward. However, Dr. Jord continually attempts to get what he wants for his property which is currently under construction. We have been advised to file the enclosed application by Tim Finness respectfully request the enclosed application be approved and the ne will be allowed to have the gate control box in its present location Please call us at (619) 756-5838 if you have any questions or if add information is required. Sincerely, THE PRUDENTIAL CALIFORNIA REALTY Assistant to John R. Lefferdink Enclosures An Independently Owned and Operated Member 01 The Rudential Real Estate Affiliates Inc