The URL can be used to link to this page

Home My WebLink About1992-08-04; City Council; 11829; ABOVE GROUND ENCROACHMENT| 4086 SUNNYHILL DRIVE CARLSBAD, CA 92008| PR 4.60* 4086 SUNNYHILL DRIVE CARLSBAD, CA 92008 (PR 4.60) Adopt Resolution No. approving the above ground encroachment for the construci a fence within the City right-of-way at 4086 Sunnyhill Drive. ITEM EXPLAN AT10 N : Mr. and Mrs. Bill Hatch have requested an above ground encroachment permit to construction of a 30 inch high split-rail fence with 18 inch square brick columns in the ric way adjacent to their property. The fence will be a minimum of 8 feet from the existing ec pavement and will allow parallel parking off the paved street while eliminating parking furtt- their front lawn. Staff has reviewed the request and inspected the site and has determined that the encroact will not adversely affect the public’s ability to use the easement. There are existing ove utilities in the right-of-way and the applicant is aware that they may be required to remo! fence at some time in the future when the street is improved. The utility companies were nc and they have no objections to this encroachment provided that the brick columns are p a minimum of two feet from the existing underground water and sewer service lines. applicants have signed an Encroachment Agreement as a standard requirement of an i ground encroachment request. FISCAL IMPACT: 1. Location map. a fence within the City right-of-way at 4086 Sunnyhill Drive. Encroachment Agreement, dated July 6, 1992. 3. z 0 F u a 6 8 z 3 SUNNYHILL DRIVE ~~ DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 20 0 0 RESOLUTION NO. 92-248 - - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ABOVE GROUND ENCROACHMENT AT 4086 SUNNYHILL DRIVE, (PR 4.60) WHEREAS, a request has been made to construct and maintain a fence in th right-of-way at 4086 Sunnyhill Drive; and WHEREAS, the fence will be built in the front yard of property described by Sa County Tax Assessor as Parcel Number 207-072-07; and WHEREAS, the City Engineer has determined the encroachment will not adversc the public’s ability to use the easement; and WHEREAS, the owners are aware that the fence may have to be removed or r at some time in the future when the street is improved; and WHEREAS, the owners requesting the encroachment have executed an Encro Agreement wherein they covenant and agree with the City of Carlsbad as follows: 1. That the above described structure shall be installed and maintained condition at the sole cost, risk and responsibility of owners and successors in inter shall hold the City harmless with respect to City owned facilities. 2. Whatever rights and obligations were acquired by the City with respt public right-of-way shall remain and continue in full force and effect and shall in nc affected by the City’s grant of permission to construct and maintain the encrc structure. 3. These agreements are made for the direct benefit of owner’s lar described and the covenants and conditions herein continued shall run with said shall be binding on the assigns and successors of owners. 4. Owners agree to remove structure upon order from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1 I 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 w California, as follows: 1. - - That the above recitations are true and correct. That the Encroachment Agreement, dated July 6, 1992, authorizing the o to construct and maintain a 30 inch high split-rail fence with 18 inch square brick colur the street easement in front of their property at 4086 Sunnyhill Drive, which is on file w City Clerk and is incorporated by reference, is approved. 2. 3. That the Mayor and City Clerk are authorized to sign the Encroacl Agreement and the City Clerk is authorized to cause the original ,agreement to be rec in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting 04 the Carlsbad City C held on the 4thday of August , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Stanton, Nygaard NOES: None ABSENT: Council Member Larson &./L L ({&y UDE A. LEWIS, Mayor AlTEST: ALETHA L. RAUTEN (SEAL) August 11, 1992 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 RE: Enclosed for recordation is the following described document: Agreement for an Above Ground Encroachment at 4086 Sunnyhill Drive Original Agreement with William L. and Marilyn L. Hatch for an above ground encroachment at 4086 Sunnyhill Drive. Our staff has determined that the recordation of this document is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. , CMC Clerk KRK: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28( 0 0 1 RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 1 City Clerk 1 City of Carlsbad 1200 Carlsbad Village Drive ) 1 Carlsbad, CA 92008 EFTOACHMENT AGREEMENT FOR USE WITH STRUC'IURES BUILT OVER PUBLIC RIGHT OF WA This ENCROACHMENT AGREEMENT ( "Agreement1') is entert between the CITY OF CARLSBAD (I'City'l) and William L. Ha Marilyn L. Hatch, (rtOwnerll), in accordance with Chapter 1 the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certa property located at 4086 Sunnyhill Drive, within the ( Carlsbad, San Diego County, California, Assessor's Parcel 207-072-07, 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 street purpose easement is described in Exhibit 'IBrl attached here incorporated by reference. 3. The Encroachment. City hereby covenants and agr grants its permission to Owner to construct a split rail fen square brick columns. A plat showing the location 1 encroachment is attached as Exhibit "C1' attached here incorporated by reference. This Agreement is subject 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 and the reasonable cost thereof shall constitute a lien upon the property. (C) 1 AGREEMENTS/AG-11A.FRM + e 0 (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 Aqreement. This Agreement constitutes the I agreement between the parties with respect to the subject : 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 1 States mail, first class, postage pre-paid, registered or cer with return receipt requested, or by other comparable comm means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Mr. & Mrs. William Hatch 2075 Las Palmas Drive 4086 Sunnyhill Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may be changed from time to time by pro notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any i 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 i Owner. Any waiver by City of any default must be in writii shall not be a waiver of any other default concerning the s any other provision of the Agreement. 4 7. Successors and Assiqns. This Agreement shall be b and inure to the benefit of the parties hereto and their resp legal representatives, successors, and assigns. Owner agrc incorporate this agreement by reference in any subsequent de the property, but any failure to do so does not invalidatc provision. /// /// /// /// /// /// /// AGREEMENTS/AG-11A.FRM 2 0 0 8. Capacitv. 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 WHEREPF, this parties he eto have execute1 Agreement on this - /7 .f- /\ day of .+-, 19 ATTEST BY : bU/lA-\c! "1 J,lr L ) William L. Hatch, Owner d.-Ad&& I;p &?&A ALETHA L. RAUTENKRANZ City Clerk _--I-__II * * * EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that portion of Lot 33, Carlsbad Highlands, in the County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the County Recorder, April 18,1950, lying southerly of the following described line: Beginning at a point on the westerly boundary of said Lot 33, distant thereon 97.63 feet southerly from the northwesterly corner of said Lot; thence along a line radial to the curve constituting the westerly boundary of said Lot. V d * 0 EXHIBIT I'B" LEGAL DESCRIPTION OF EASEMENT - SUNNYHILL DRIVE That portion of a 60 foot street easement lying adjacent to the westerly boundary of all that portion of Lot 33, Carlsbad Highlands, in the County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the County Recorder, April 18, 1950, lying southerly of the following described line: Beginning at a point on the westerly boundary of said Lot 33, distant thereon 97.63 feet southerly from the northwesterly corner of said Lot; thence along a line radial to the curve constituting the westerly boundary of said Lot.