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HomeMy WebLinkAbout1992-10-20; City Council; 11924; ABOVE GROUND ENCROACHMENT FOR 2600 OCEAN STREET CARLSBAD, CA 92008| PR 4.61I d g PT < oe z 0 i= 0 e 5 -I z 3 8 WY OF CARLSBAD - AGWA BILL AB # /( ?6? L/ MTG. 10/20/92 2600 OCEAN STREET CARLSBAD, CA 92008 TITLE: ABOVE GROUND ENCROACHMENT FOR DEPT. CITY 1 DEPT. ENG PR 4.61 CITY n RECOMMENDED ACTION: Adopt Resolution No. 92 -3 (3 9 existing fence and landscaping at 2600 Ocean Street. approving the above ground encroachment c ITEM EXPLANATION: As a condition of approval of the Army and Navy Academy, project (RP 92-04), addit right-of-way along Cypress Avenue was required to be dedicated to the City of Carl for street purposes. This additional easement encompassed the realignment of Cy1 Avenue which contained an existing fence and landscaping. In order to maintain the existing fence and landscaping in its present location, the and Navy Academy was required to have the property owners executed the atta Encroachment Agreement. Since the newly acquired street easement was private property and no utility lines been placed in the easement, no utility companies were notified. Staff has reviewec inspected the site and has determined that the encroachment into the easement WI adversely effect the public’s ability to use the easement. As a standard requirement of an above ground encroachment, the owners are req to remove the encroachment within 10 days of demand by the City Engineer. To it this accommodation only involves the current property owners of the encroachm non-standard clause was added stating that the fence and landscaping if not previ removed must be removed or relocated prior to sale or transference of the unde property rights. This will prevent a new owner from assuming any rights ti encroachment. FISCAL IMPACT: NONE EXHIBITS: 1. Location Map 2. 3. Resolution No. 92 -3 0 4 Encroachment Agreement with attached plat. I I DOUGIAS. BENDER AND ASSOCIATES Consulting Clvll Engineers ENCROACHMENT EXHIBIT FOR 2600 OCEAN ST- MR. RAYMOND EDE RESIDENCE PR 40001 t 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 0 w RESOLUTION NO. 92-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 2600 OCEAN STREET. WHEREAS, the Army & Navy Academy has submitted a request to allow the e fence and landscaping to remain within the recently dedicated Cypress Street ea? adjacent to 2600 Ocean Street; and WHEREAS, the City Engineer has determined the encroachment will not adverse1 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 September 25, 1992 authorii and Mrs. Ede to maintain the existing fence and landscaping adjacent to their properl the Cypress Street easement, which is on file with the City C:erk and is incorpor reference, is approved. 111 Ill Ill Ill Ill Ill Ill Ill 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 e W 3. That the Mayor and City Clerk are authorized to sign the Encroac Agreement and the City Clerk is authorized to cause the original agreement to be re in the offtce 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 20th day of OCTOBER , 1992 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Larson, Stanton, N: AlTEST: ALEiiEN&wj J (SEAL) 0 W 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 ( "Agreementv1) is entere between the CITY OF CARLSBAD ("City") and Raymond C. E Dorothy J.C. Ede, ("Owner"), in accordance with Chapter 1: the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certa: property located at 2600 Ocean Street, within the C Carlsbad, San Diego County, California, Assessor's Parcel 203-141-001, and more particularly described in Exhibi attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing ei over, under, and across Owner's property for street purpose easement is described as Cypress Avenue and shown in Exhib 3. The Encroachment. City hereby covenants and agrc grants its permission to Owner to maintain the existing fei landscaping. A plat showing the location of the encroach] attached as Exhibit tlB1l attached hereto and incorpora reference. This Agreement is subject to the following te: 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 0 m (D) The owner must remove or relocate the existing fenc landscaping prior to the sale or transference o property rights. 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. (E) 4. Entire Aqreement. This Agreement constitutes the t agreement between the parties with respect to the subject I hereof and supersedes and replaces all other agreements, 01 written, between the parties with respect to the subject ma4 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 commc means and addressed as follows: If to the City: City of Carldbad 2075 Las Palmas Drive 2600 Ocean Street 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 Owner. Any waiver by City of any default must be in writi shall not be a waiver of any other default concerning the s any other provision of the Agreement. 7. Successors and Assisns. 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. /// /// /// /// /// ACREEMENTS/AG-11A.FRM 2 If to the Owner: Raymond and Dorothy Ede ' 2 3 4 5 6 7 8 9 e 10 11 12' 13 14 15 16 17 18 e w 8. Capacity. 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 WHEREOF I this parties hereto have execute1 Agreement on this 2s day of .3m I 19 ATTEST BY: 0, a Raydnd C. kde, Owner &w2 ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: i &-&&.A A. (G4 D- Le&. ~ONALD R. BALX City Attorney be the person[s] whose name[s] idare subscribed to this instrument, and acknowledged that he [she/they] executed the same. E : > Witnes 'y hand and official seal: ,933 7, [for notary seal or stamp] 0 rn I Job No. 118.141 September 4, 1992 EXHIBIT "A" Ede's Property Legal Description Those portions of Lots 74 and 97 of Grandville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Map No. 2037, as shown on a map of Record of Survey Map No. 12348 in the Office of the County Recorder of said County. /y?<&q//4Aq Dougl>s W. Bender, R.C.'E. 28946 Expires 3/31/95 PR 4.d' EMCRDA CgM€N 7- Of ff AfC& AND LANDSCAP/NG \ EXIS TlNG 3242 Halloday. Scute 202 Tel.1714) 751-9401 ENCROACHMENT EXHIBIT FOR ZGQQ- OCEAN ST- October 23, 1992 Annette J. Evans San Diego County Recorder Post Office Box 1350 San Diego, CA 92101-2422 Re: Encroachment Agreement with Raymond C. and Dorothy J. C. Ed Enclosed for recordation is the following described document: Original Encroachment Agreement with Raymond C. and Dorothy J. C. Ede for an Above Ground Encroachment at 2600 Ocean Street PR 4.61 Also enclosed are instructions on how the City of Carlsbad is to b billed for the recordation fees incurred. Thank you for your assistance in this matter. /’ &Y&cMc Assistant City Clerk * ALR: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C