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Home My WebLink About1992-10-06; City Council; 11909; ABOVE GROUND ENCROACHMENT| 3906 SKYLINE ROAD| PR 4.591 3906 SKYLINE ROAD Adopt Resolution No. 9 2 -2.l9 of a 24 inch high block wall located at 3906 Skyline Road. approving an above ground encroachment consi ITEM EXPLANATION: Mr. Keith Wieland has requested an above ground encroachment permit to allo existing 24 inch high block wall to remain in a portion of the public street and easement. Staff has reviewed the request and inspected the site and has determine( the encroachment into the easement will not adverseUy affect the public’s ability tc the easement. All public utilities have been notified of the encroachment and ha\ FISCAL IMPACT: 1. Location Map. 2. 3. Resolution No. 9 2 - 2 9 9 Encroachment Agreement with attached plat. 2 0 F 0 a 6 8 z 3 DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 0 RESOLUTION NO. 92-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 3906 SKYLINE ROAD WHEREAS, Mr. Keith Wieland has submitted a request to allow an existing 24 in block wall to remain within a public street and utility easement along his property fror 3906 Skyline Road; and WHEREAS, the City Engineer has determined the encroachment will not adverse the public’s ability to use the easement; NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad Ca as follows: 1. 2. That the above recitations are true and correct. That the Encroachment Agreement dated October 13, 1992 authori; Wieland to maintain the existing 24 inch high block wall within the public street ar easement adjacent to 3906 Skyline Road which is on file with the City Clerk incorporated by reference, is approved. Ill 1 Ill L 20 21 22 23 24 25 26 27 28 Ill Ill Ill * Ill b Ill k. I , ., Ill -. Ill - Ill , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I.7 18 19 I 20 21 22 23 24 25 26 27 28 0 w 3. That the Mayor and City Clerk are authorized to sign the Encroachment AG and the City Clerk is authorized to cause the original agreement to be recorded in the the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad CiQ held on the 6th day Of OCTOBER , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT: None *I. ... CLAUDk A. LbVld, Mayor ATTEST: 4.d ALETHA L. RAWENKRANZ, City Clerk (SEAL) 1 * \ a. 1 .I - le 0 w RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 ) City Clerk 1 City of Carlsbad 1 Carlsbad, CA 92008 ) 1200 Carlsbad Village Drive ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY This ENCROACHMENT AGREEMENT ( "Agreementr1) is entered between the CITY OF CARLSBAD ("City11) and Keith Wieland, ("Owr in accordance with Chapter 11.16 of the Carlsbad Municipal ( 1. The Propertv. Owner is the owner of that certair property located at 3906 Skyline Road, within the City of Car: San Diego County, California, Assessorls Parcel Number 207-01 and more particularly described in Exhibit IrA1', attached here incorporated herein by reference. 2. The Easement. City currently owns an existing ea: over, under, and across Owner's property for public stref utility purposes. 3. The Encroachment. City hereby covenants and agrec grants its permission to Owner to maintain a 24" high masonry wall in the street easement. A plat showing the location ( encroachment is attached as Exhibit llC1l attached heret incorporated by reference. This Agreement is subject t 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 frdm 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 a 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 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 mai1,;first class, postage pre-paid, registered or ce with return receipt requested, or by other comparable corn means and ad,dressed as follows: If to the City: If to the Owner: City of Carlsbad Keith Wieland 2075 Las Palmas Drive 3906 Skyline Road 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 writi shall not be a waiver of any other default concerning the E any other provision of the Agreement. 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 agr incorporate this agreement by reference in any subsequent de the property, but any failure to do so does not invalidat provision. /// /// /// /// /// /// /// AGREEMENTS/AG-11A.FRM 2 I e W 8. Capacity. Each party represents that the persi executing this Agreement on behalf of such party have the authi to execute this Agreement and by such signature(s) thereby such party. IN WITNESS WHEREOF, this parties hereto have executed Agreement on this 13th day of October I 19- ATTEST BY: L?-&zL @. Q& ALETHA L. RAUTENKRANZ City Clerk ED AS TO FORM: RONALD R. BALL /o.7.~&, City Attorney Mayor August 31, 1992 /I STATE OF L On %d&L/ 3/, fr7i.L 1 , before me, the undersigned, ublic in and for said State, personally appeared personally known to me @r o me on the-ha.si++.g-~~+. cm '-dmce) to be the Person($) whose name($il> is/- subsccibed to the within instrument and acknowledged to me that he/* fh&~ executed the same. COUNTY OF Ofl@flgL ) ss. 7Gi?%xdnd i WITNESS my hand and officical seal. Signature ll -n 0 w EXHIBIT "A" LOT 11 OF CARLSBAD HIGHLANDS FILED IN THE OFFICE OF THE SAl COUNTY RECORDER APRIL 18, 1956 EXCEPTING THEREFRO. NORTHEASTERLY 135 FEET THEREOF, SAID NORTHEASTERLY 135 FEE'I MEASURED ALONG THE NORTHERLY AND SOUTHERLY LINE OF SAID LO'I AGREEMENTS/AG-11A.FRM 4 f, . ALDER STREET - EXISTING RESIDENCE I I I 9 September 17, 1992 Mr. Keith Wieland 3906 Skyline Road Carlsbad, CA 92008 RE: Encroachment Agreement for 3906 Skyline Road The Carlsbad City Council, at its meeting of October 6, 1992 adopted Resolution No. 92-299, approving an above grounc encroachment at 3906 Skyline Road. Enclosed is a fully executed copy of the encroachment agreement ant a copy of Resolution No. 92-299 for your files. d*J& Assistant City Clerk CMC KRK: ijp 'Enclosures I 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-281