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Home My WebLink About1993-01-05; City Council; 12015; ABOVE GROUND ENCROACHMENT 3350 VALLEY STREET CARLSBAD CA 92008Y AB # & & ABOVE GROUND ENCROACHMENT DEPT. ENG CARLSBAD, CA 92008 (PR 4.63) MTG. 1-5 +- 43 3350 VALLEY STREET DEPT. CITY P CITY k d L1s, 9& Bb z5 2 Z 0 F 0 a 6 z 3 0 0 CW OF CARLSDAU - ALitmA BILL'" -44 a/-f RECOMMENDED ACTION: Adopt Resolution No. 53 -/ approving the above ground encroachment reque! maintain an existing wood fence in the right of way around the side and front yards corner lot at 3350 Valley Street. ITEM EXPLANATION: Ms. June Andersen has requested an above ground encroachment permit to allou existing 6 foot high wood fence around her side and front yards. The fence was several years ago and stands 7.5 feet from the face of curb, 2.5 feet outside the pror line. The 20 foot setback requirement is met in the front yard where the fence enclc the rear yard and meets the house. Staff has inspected the site and has determined the encroachment will not adversely affect the public's ability to use the easement. utility companies were notified and they have no objections to this encroachment. standard requirement of an encroachment request the applicant has signed Encroachment Agreement. FISCAL IMPACT None EXHIBITS: -F 1. Location Map 2. Resolution No. 93- f 3. Encroachment Agreement with attached plat DRAW BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT -4 I 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 0 RESOLUTION NO. 9 3 - 1 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 3350 VALLEY STREET. WHEREAS, Ms. June Y. Andersen has submitted a request to allow an existins fence to remain in the public right of way along her property at 3350 Valley Street; ar WHEREAS, the fence is fronting property described by San Diego as Cour Assessor as Parcel Number 205-080-36; and WHEREAS, the City Engineer has determined the encroachment will not adverse the public’s ability to use the easement; and WHEREAS, the owner requesting the encroachment has executed an Encroa Agreement wherein she covenants and agrees with the City of Carlsbad as follows: That the above described structure shall be installed and maintained ii condition at the sole cost, risk and responsibility of Owners and SUCCE interest, who shall hold the City harmless with respect to City owned 1 Whatever rights and obligations were acquired by the City with respe public right of way shall remain and continue in full force and effect E in no way be affected by the City’s grant of permission to constr maintain the encroachment structure. These agreements are made for the direct benefit of Owner’s Ian( described and the covenants and conditions herein contained shall said land and shall be binding on the assigns and successors of Ow 4. Owner agrees to remove structure upon order from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ( 1. 2. 3. California, as follows: 1. 2. That the above recitations are true and correct. That the encroachment Agreement, dated November 24, 1992, autho owner to construct and maintain a 6 foot high wood fence in the street easement I property at 3350 Valley Street, which is on file with the City Clerk and is incorpc . 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 e reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroachment Ag and the City Clerk is authorized to cause the agreement to be recorded in the offic County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit) held on the 5th day of JANUARY , 1993 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Stanton, Kulchin, Nygaard, F ATTEST: I I ALETHA L. RAUTENKRANZ, City Clerk (SEAL) January 8, 1993 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 June Y. Andersen for an Above Ground Encroachment at 3350 Valley Street Also enclosed are instructions on how the City of Carlsbad is tc billed for the recordation fees incurred. Thank you for your assistance in this matter. ALETHA -2- L. RAUTENKRANZ, CMC * City Clerk ALR: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: 0 a 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 ( llAgreementll) is entere between the CITY OF CARLSBAD (lrCityll) and Ms. June Y. Ani (flOwnerll), in accordance with Chapter 11.16 of the C( Municipal Code. 1. The Propertv. Owner i the owner of that certa property located at 3350 Valley Street, within the C Carlsbad, San Diego County, California, Assessorls Parcel 205-080-36, and more particularly described in Exhibi attached hereto and incorporated herein by reference. 2. The Easement. City cu ntly owns an existing e over, under, and across Ownerls property for street and utility purposes which easement is described in Exhil attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agr grants its permission to Owner to maintain an existing fence within the public right of way. A plat showing the 1 of the encroachment is attached as Exhibit llCtl attached he1 incorporated by reference greement is subject following terms and condit (A) The encroachme talled and maintained in a taryl 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) AGREEMENTS/AG-llA.FRM 1 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, written, between the parties with respect to the subject m 5. Notices. Any ich is required or may b pursuant to this9Agreernent shall be sent in writing by States mail, first class, postage pre-paid, registered or ce with return receipt requested, or by other comparable com means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Ms. June Y. Andersen 2075 Las Palmas Drive 3350 Valley Street Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may ime to time by pr notice to the other p 6. Waiver. Cit or approval of any omission by Owner sha Ute a waiver of an default by Owner and s e deemed a waiver or unnecessary City's consen approval to any subsequent Owner. Any waiver by Cit ny default must be in writ shall not be a waiver of any other default concerning the This Agreement shall be and inure to the benefit of the parties hereto and their re: legal representatives, successors, and assigns. Owner ac incorporate this agreement by reference in any subsequent the property, but any failure to do so does not invalid; provision. /// /// /// /// /// /// /// AGREEMENTS/AG-11A.FRM 2 anner described above. 0 0 8. Capacitv. Each party represents that the pers executing this Agreement on behalf of such party have the auth to execute this Agreement and by such signature(s) thereby such party. IN WITNESS WHEREOF, this parties hereto have executed Agreement on this 245 day of /Z/ov.~nb+~ , 19- ATTEST BY: &# 4 L2dL J6ne Y. @ ersen, Owner D AS TO FORM: ____ I __- ~'Ch*'Ch~~r~~~r~~~~r~~~~~~~~'cir.~~~~~~'Ch-~ Acknowledgement e 0 , LEGAL DESCRIPTION OF PARCEL Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the Office of the County Recorder of San Diego County, August 16, 1957. EXHIBIT "A" 0 0 ’. LEGAL DESCRIPTION OF EASEMENT That portion of Basswood Avenue along the northeasterly property line of Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the office of the County Recorder of San Diego County, August 16, 1957. I EX H I B I T ” B ” *. '.