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Home My WebLink About1992-11-03; City Council; 11940; ABOVE GROUND ENCROACHMENT| 6540 VISPERA PLACE| PR 4.626540 VISPERA PLACE Adopt Resolution No. 92 -362/ approving an above ground encroachment consi of a block wall that varies from 1 ’ to 4’ in height located at 6540 Vispera Place. ITEM EXPLANATION: Mr. David Bellon has requested an above ground encroachment permit to allo\ existing block wall to remain in a portion of a public drainage easement. Stafl reviewed the request and inspected the site and has determined that the encroach into the easement will not adversely affect the City’s ability to maintain the storm dr: the easement. The applicant has executed a standard encroachment agreement. FISCAL IMPACT: a wl Lk: i5 2 4 z 2 a =! 0 z 3 0 0 L DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING OEPI \ ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 P e RESOLUTION NO. 92-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 6540 VISPERA PLACE WHEREAS, David Bellon has submitted a request to allow an existing block \ remain within a public drainage easement along his westerly property line at 6540 V Place; and WHEREAS, the City Engineer has determined that the encroachment will not ad1 affect the City’s ability to maintain the storm drain within the easement. NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad Cal as follows: 1. 2. That the Encroachment Agreement dated October 8, 1992 authoriz Bellon to maintain the existing block wall within the public drainage easement adjacent Vispera Place which is on file with the City Clerk and is incorporated by reference, is ap Ill 111 Ill Ill Ill Ill Ill Ill Ill Ill Ill That the above recitations are true and correct. L" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 19 2o 21 22 23 24 25 26 27 28 @ 0 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 office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb Council held on the 3rd day of NOVEMBER , 1992 by the following vote, to wi AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT: None ATTEST: &&R,(U- /- ALETHA L. RAUTENKRANZ, City Ckrk (SEAL) November 10, 1992 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 Enclosed for recordation is the following described document: Original Encroachment Agreement with David S. and Marsha S. Bellon for Above Ground Encroachment at 6540 Vispera Place PR 4.62 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. && d &L-+ ALETHA L. RAUTENKRANZ, CMC City Clerk Am: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280 I 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGR @ 0 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: 1 1 City Clerk 1 City of Carlsbad 1 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT ( '8Agreement1t) is enterel between the CITY OF CARLSBAD (ltCityt') and David S. Bell Marsha S. Bellon, ('tOwner'g), in accordance with Chapter 11 the Carlsbad Municipal Code. 1. The Propertv. Owxer is the owner of that certai property located at 6540 Vispera Place, within the C. Carlsbad, San Diego County, California, Assessor's Parcel 215-280-51, and more particularly described in Exhibi attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existi easement over, under, and across Owner's property for dl purposes. 3. The Encroachment. City hereby covenants and agrc grants its permission to Owner to maintain a retaining wal: varies from 1' to 4' in height in the drainage easement. showing the location of the encroachment is attached as Exhil attached hereto and incorporated by reference. This Agree1 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 harlTdeSS 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) REV 6/4 1 :EMENTS/AG-lIB.FRM 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 0 (D) Whatever rights and obligations were acquired by the City with respect to the 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, o 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 States mail, first class, postage pre-paid, registered or cer with return receipt requested, or by other comparable comn xceans and addressed as f~ilows: If to the City: If to the Owner: City of Carlsbad David Bellon 2075 Las Palpas Drive 6540 Vispera Place Carlsbad, CA 92009-4859 Carlsbad, CA 92009 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 writ shall not be a waiver of any other default concerning the any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be 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. /// /// /// /// /// /// /// AGRFiMENTS/AG-IlB.FRM 2 REV 6/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 '- I 19 20 21 22 23 24 25 26 27 28 AGR 0 0 8. Capacitv. Each party represents that the p executing this Agreement on behalf of such party have the a to execute this Agreement and by such signature(s) therr such party. IN WITNESS WHEREOF, this parties hereto have execu day of ~L!-.L~~~ '< 72 Agreement on this ATTEST 1 BY : - d&Lm 2 g(.uzAL&- ALETHA L. RAUTENKRANZ City Clerk DaGa S. Bellon, Owner yqd#UA,L&7&57v M rsha Y. bB'ellon, Own€ APPROVED AS TO FORM: Rt /L4 Mayor s-c"A. RONALD R. BALL City Attorney (Proper notarial acknowledge of execution by OWNER attached. ) v 3 REL EMENTS/AG-11B.FRM e 0 EXHIBIT "A' LEGAL DESCRIPTION LOT 137 OF LA COSTA MEADOWS UNIT NO. 1 ACCORDING TO MAP NO. 6800 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER DECEMBER 9, 1970 I 1