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Home My WebLink About1993-02-02; City Council; 12052; ABOVE GROUND ENCROACHMENT| SOUTHWEST CORNER OF TAMARACK AVENUE AND CHATHAM DRIVE, CARLSBAD, CA 92008| PR 4.64. OF CARLSBAD - AGE .? CHATHAM DRIVE, CARLSBAD, CA 92008 (PR 4.64) RECOMMENDED ACTION: Adopt Resolution No. 9f0A 0 approving the above ground encroachment request to r an existing 37" split rail fence in the right of way at the southwest corner of Tamarack and Chatham Drive. ITEM EXPLANATION The Villas of Calavera Hills Homeowners Association has requested an above encroachment permit to allow an existing 37 inch high split rail fence in the right of wa corner of Tamarack Avenue and Chatham Drive. The fence was constructed several yc to keep pedestrians off the 2:l slopes along the sidewalk and to protect the landscap irrigation. The fence serves as a safety precaution, is aesthetically pleasing and d adversely affect the public's ability to use the easement. The utility companies were noti they have no objections to this encroachment. As a standard requirement of an encroi request the applicant has signed an Encroachment Agreement. FISCAL IMPACT 1. Location Map 2. 3. Resolution No. 93 -2 0 Encroachment Agreement with attached plat e g E Is, 3 z 0 F 0 a -I u z 3 0 0 I .. 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 w RESOLUTION NO. 93-20 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT AT THE SOUTHWEST CORNER OF TAMARACK AVENUE AND CHATHAM DRIVE. WHEREAS, The Villas of Calavera Hills Homeowners Association has subm request to allow an existing 37 inch split rail fence in the public right of way; and WHEREAS, the fence is fronting property described by San Diego County Tax A: as Parcel Number 167-480-1 7; and WHEREAS, the City Engineer has determined the encroachment will not adverse1 the public’s ability to use the easement; and WHEREAS, the homeowners association requesting the encroachment have e> an Encroachment Agreement wherein they covenant and agree with the City of Carla follows: 1. 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 f Whatever rights and obligations were acquired by the City with respec public right of way shall remain and continue in full force and effect a 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 Owr 4. Owner agrees to remove structure upon order from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C 2. 3. California, as follows: 1. 2. That the above recitations are true and correct. That the encroachment Agreement, dated January 5, 1993, author owner to maintain an existing 37” split rail fence in the right of way at the southwest 1 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 18! e m Tamarack Avenue and Chatham Drive, which is on file with the City Clerk and is incorpl by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroac Agreement and the City Clerk is authorized to cause the agreement to be recorded office 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 2nd day of FEBRUARY , 1993 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Stanton, Kulchin, Nygaard, F ATTEST: - %&THAQ.AUA TE NZ, City Clerk (SEAL) KAREN R. KUNDTZ, Assistant City Clerk g f% 0 m ) 1 1 1 1 Carlsbad, CA 92008 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WA This ENCROACHMENT AGREEMENT ( lfAgreementll) is entere between the CITY OF CARLSBAD (IICitytl) and The Villas of C; Homeowners Association, ( tlOwnerll) , in accordance with Chapte of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certaj property located at the southwest corner of Tamarack Aver Chatham Drive, within the City of Carlsbad, San Diego ( California, Assessor's Parcel Number 167-480-17, and particularly described in Exhibit 'IA'I, attached here1 incorporated herein by reference. 2. The Easement. City currently owns an existing er over, under, and across Ownerls property for street purpose: easement is described Exhibit llBIl attached beret incorporated by reference. 3. The Encroachment. Ci hereby covenants and grants its permission to Owner to maintain a 37" split rail in the street easement. A plat showing the location 1 encroachment is at rlClt attached here1 incorporated by referenc This Agreement is subject . following terms and co (A) The encr 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 (C) AGREEMENTS/AG-11A.FRM 1 m m constitute a lien upon the property. 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. (D) 4. Entire Aclreement. 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 spect 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 comrr means and addressed as follows: If to the City: If to the Owner: City of Carlsbad 2075 Las Palmas Drive Homeowners Association Carlsbad, CA 92009-4859 c/o Packard & Associates The Villas of Calavera Hills 2451 Impala Drive, Suite "Att ' Carlsbad, CA 9200 which addresses may be changed from tim to time by prc notice to the other party in manner described ab 6. Waiver t to or approval o omission by Own titute a waiver of any default by Owner and shall not be deemed a waiver or unnecessary City's consent for a subsequent Owner. Any waiver by City of a be in writi shall not be a waiver of any ot ncerning the s any other provision of the 7. Successors and Assian t shall be k and inure to the benefit of the parties hereto and their resy: 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 a rn 8. Capacity. Each party represents that the pi executing this Agreement on behalf of such party have the a' to execute this Agreement and by such signature(s) thert such party. IN WITNESS WHEREOF, this parties hereto have execui Agreement on this .5-s* day of I1nr.d I ATTEST BY: u pi&?.. f%&!i! Priscilla A. Whiting, % k KAREN R. KUNDTZ, Assistant City Clerk VED AS TO FORM: RONALD R. BALL City Attorney 2*3*r3 LeL 'i . __L- ._ undersigned, a Notary Public in and g $ the corporation therein named, and acknowledged to me that e3 0 m suchcorporation executed thewithin instrumentpursuanttoits 0.E I bylaws or a resolution of its board of directors. - (This area for official notarial st m I LEGAL DESCRIPTION OF PROPERTY Lot 17 of CARLSBAD TRACT NO. 82-16, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10860, filed in the Office of the County Recorder of San Diego County, February 28, 1984. EXH I B IT "A" m I .I< LEGAL DESCRIPTION OF EASEMENT That portion of Tamarack Avenue and that portion of Chatham Drive along the north and east property boundary of Lot 17 of CARLSBAD TRACT NO. 82-16, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10860, filed in the Office of the County Recorder of San Diego County, February 28, 1984. EXHIBIT IIB" ~------------------------- TAMARACK AVENUE ELECTRIC BOX THE VILLAS OF CALAVERA HILLS PROJECT NAME DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT February 10, 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 The Villas of Calavera Hills for an Above Ground Encroachment at the southwest corner of Tamarack Avenue and Chatham Drive (PR 4.64) Also enclosed are instructions on how the City of Carlsbad is to billed for the recordation fees incurred. Thank you for your assistance in this matter. &y&, Assistant Ci Clerk CMC KRK: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2