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Home My WebLink About1992-07-28; City Council; 11807; ABOVE GROUND ENCROACHMENT| 2715 CARLSBAD BOULEVARD CARLSBAD, CA 92008| PR 4.58h’ I^ G !2 2 E CL z 0 F 0 < i 8 z 3 ( CIWOF CARLSBAD - AGENIP) BILL /p AB # I/, 807 TITLE: ABOVE GROUND ENCROACHMENT DEPT. CITY 1 MTG. DEPT. ENG CITY I RECOMMENDED ACTION: ~ 271 5 CARLSBAD BOULEVARD CARLSBAD, CA 92008 (PR 4.58) 7 I28 I92 Adopt Resolution No. 9 2 - 2 3 6 existing storage shed. approving the above ground encroachment ITEM EXPLANATION: The owner of the property located at 2715 Carlsbad Boulevard, the parish o Michael’s by the Sea Episcopal Church has submitted a request for an above encroachment along the southerly right-of-way of Beech Avenue. The request is I continued encroachment of an existing storage shed within an unused portion of 1 right-of-way. City staff have reviewed the request and believe the existing encroac does not adversely affect the public use of the easement. The utility companies were notified and they have no objections to this encroac As a standard requirement of an above ground encroachment request, the applic signed an encroachment agreement. FISCAL IMPACT: NONE EXHIBITS: 1. Location Map 2. 3. Plat Map 4. Encroachment Agreement Resolution No. 9 2 - 2 3L I DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT CARLSBAD BLVD. AT 2715 CARLSB DRAW BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 825 26 27 28 0 0 RESOLUTION NO. 92-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 271 5 CARLSBAD BOULEVARD WHEREAS, the parish of St. Michael's-by-Sea Episcopal Church has been requii obtained an encroachment permit for the storage shed located within the Beech Avenue l easement adjacent to their proposed construction. WHEREAS, the City Engineer has determined the encroachment will not adv affect the public's ability to use the easement; NOW, THEREFORE, be it resolved by the City Council of the City of Cai California as follows: 1. 2. That the above recitations are true and correct. That the Encroachment Permit, dated July 6, 1992 authorizing the parist Michael's-by-the-Sea to maintain the existing storage shed within the public street eas described as Beech Avenue, which is on file with the City Clerk and is incorporz reference, is approved. Ill Ill Ill Ill Ill 111 111 //I III Ill Ill 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 3. That the Mayor and City Clerk are authorized to sign an Encroach Agreement and the City Clerk is authorized to cause the original agreement to be recc in the office of the County recorder of San Diego County, State of (" dalifornia. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Co held on the 28thday of JULY, 1992 by the following vote, to wil: AYES: Council Members Lewis, Kulchin, Larson, Star NOES: None ABSENT: Council PA nber Nygaard 0 ATTEST: u F!n- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) August 5, 1992 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 RE: Agreement with St. Michael's By-The-Sea Enclosed for recordation is the following described document: Original Agreement with St. Michael's By-The-Sea for an above ground encroachment at 2715 Carlsbad Boulevard. Our staff has determined that the recordation of this document 2 of benefit to the City; therefore, it is requested that the fees t: waived. Thank you for your assistance in this matter. &%r& CMC Assistant City Cl'erk KRK: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2: 'm 0 t RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: 1 1 City Clerk ) City of Carlsbad 1 Carlsbad, CA 92008 1 1200 Carlsbad Village Drive ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTUREL; BUILT OVER PUBLIC RIGHT OF w] This ENCROACHMENT AGREEMENT ( "Agreement'') is enter( between the CITY OF CmLSBAD (I'CityIl) and the parish Michaels-by-the-Sea Episcopal Church in Carlsbad, a non corporation, ( ''Owner1') , in accordance with Chapter 11.16 Carlsbad Nunicipal Code. property located at 2715 Carlsbad Boulevard, within the Carlsbad, San Diego County, California, Assessor's Parcel 203-143-01, and more particularly described in Exhibj attached hereto and incorporated \ herein by reference. 2. The Easement. City currently Owns an existing E over, under, and across Owner's property for street purposc easement is described as Beech Avenue as dedicated on Map The Encroachment. : City hereby covenants and agi grants its permission to Owner to maintain the existing shed. A plat showing the location of the encroachment is E as Exhibit l1B1l attached hereto and incorporated by referenc Agreement is subject to the following terms and condition: 1. The Property. Owner is the Owner of that certa 3. (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 AGREEMENTS/AG-11A.FkM m e (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 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 mz 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-p!aid, registered Gr cei with return receipt requested, or by other comparable comr means and addressed as follows: If to the City: If to the Owner: City of Carisbad St. Michaels Episcopal Church 2075 Las Palmas Drive 2775 Carlsbad Boulevard Carlsbad, CA 92009-4859 Carlsbad, CA 92008 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 pqovision 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 Assiqns. This Agreement shall be 8. Capacity. Each party represents that the person(s executing this Agreement on behalf of such party have the authorit to execute this Agreement and by such signature(s) thereby bin such party. ATTEST ALETHA L. F City Clerk - L? IUTENKRANZ ,’ ’ APPROVED AS TO FORM: CITY OF CARLSBAD ~-+a-. R.&h’ By :&jjk $,j& RONALD R. BALL 7bs/4r.. . Acting City Attorngy " - Mayor _-. _.-.- __-_._--- ..-.A. . 1 STATE OF CALIF ?i? &A Die o ) “S. L :I COUNTY OF I (.,. . O”-JulY 6, ‘992 , before me, the undersigned, a Notary Public in and for said State, personally appeared **&orqe E.' Kinney,'Jr.** t L personally known to me (or proved to me on I is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. 1 SF-423.4 (REV. A. 7182) (CA) (IN VIDUAL) d AGREEMENTS/AG-1 lA.FRM 3 ZORAMP IAL NOTARY SEAL :t% td. QUIMBY Public - California DIEGO COUNTY . Expires JUL 25,icw 9. : . REV 6/5/9 1 . . a . 4) ,- m EXHIBIT llA" LEGAL DESCRIPTION THE SOUTHEASTERLY 50 FEET OF THE PORTION OF BLOCK 6 IN THE TOWN C CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE e CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFI( OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888, DESCRIBE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 6, BEING TE INTERSECTION OF BEECH AVENUE AND LINCOLN STREET: THENCE RUNNI? SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF BEECH AVENUE I! FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 150 FEET: THENCE ? RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE SOUTHWESTERLY LINE l LINCOLN STREET; THENCE NORTHdESTERLY ALONG THE SOUTHWESTERLY LIJ OF LINCOLN STREET TO THE POINT OF BEGINNING. I i f CARLSBAD BLVD,