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Home My WebLink About1994-04-26; City Council; 12675; ABOVE GROUND ENCROACHMENT PERMIT| 5310 EL ARBOL DRIVE| PR 4.682 z 0 F 0 a i 8 z 3 landscaping, two (2) small redwood decks and a paved walkway on City (Cannon Lake) adjacent to the rear yard of 5310 El Arbol Drive. 3. Encroachment Agreement with attachments. NOT TO SCALE I FOR 5310 EL ARBOL DR. DRAW BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 0 e RESOLUTION NO. 94 - 11 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ABOVE GROUND ENCROACHMENT FOR 531 0 EL ARBOL DRIVE, PR 4.68 WHEREAS, Mr. and Mrs. Ralph Pierce have submitted a request to allow landscaping, two (2) small redwood decks, and a paved walkway to remain on City (Cannon Lake) adjacent to the rear yard of 5310 El Arbol Drive. WHEREAS, the City Engineer has determined the encroachment will not advers the public’s ability to use the property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ( California, as follows: 1. That the above recitations are true and correct. 2. That the Encroachment Agreement dated 3 / 6 / 94 authorizing Mr. and h Pierce to maintain the existing landscaping, two (2) small redwood decks, and pavec to remain on City property (Cannon Lake) adjacent to the rear yard of 531 0 El Arbol Di is on file with the City Clerk and is incorporated by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroachment I and the City Clerk is authorized to cause the original agreement to be recorded in tt I 39 20 21 22 23 24 25 26 27 28 1 the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 26th day of April , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, and Finnila NOES: None ABSENT: Council Member Nygaard i AlTEST: (SEAL) 0 0 RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 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 PROPERTY PR 4.68 This ENCROACHMENT AGREEMENT (lfAgreementlf) is entered int between the CITY OF CARLSBAD (I1Citylt) and Ralph E. Pierce an Sharon L. Pierce, (ItOwner1l), in accordance with Chapter 11.16 o the Carlsbad Municipal Code. Owner is the owner of that certain rea property located at 5310 El Arbol Drive, within the City o Carlsbad, San Diego County, California, Assessorts Parcel Numbe 210-160-24, and more particularly described in Exhibit rrA1f attached hereto and incorporated herein by reference. 2. The Public Property. City currently owns land used fo drainage purposes (Cannon Lake) described as a 6.87 acre parcel, portion of lot H Rancho Aqua Hedionda. 3. The Encroachment. City hereby covenants and agrees an grants its permission to Owner to allow existing landscaping paved walkway and two small redwood decks. A plat showing th location of the encroachment is attached as Exhibit ItBtt attache hereto and incorporated by reference. This Agreement is subject t the following terms and conditions: 1. The Property. (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 lOS5, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. REV 6/41 AGREEMENTS/AG-11B.FRM 1 EXHIBIT 3 0 a (C) 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. (D) The City's rights with respect to the ownership of the property 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) This enroachment permit does not authorize nore approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. 4. Entire Asreement. This Agreement constitutes the entirt agreement between the parties with respect to the subject matte] hereof and supersedes and replaces all other agreements, oral 01 written, between the parties with respect to the subject matter. 5. Any notice which is required or may be give pursuant to this Agreement shall be sent in writing by Unite States mail, first class, postage pre-paid, registered or certifie with return receipt requested, or by other comparable commercia means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Mr. and Mrs. RalDh Pierce 2075 Las Palmas Drive 5310 El Arbol Drive Carlsbad, CA 92009-4859 Carlsbad, California 92008 which addresses may be changed from time to time by providin notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act c omission by Owner shall not constitute a waiver of any othc default by Owner and shall not be deemed a waiver or rendc unnecessary City's consent for approval to any subsequent act 1 Owner. Any waiver by City of any default must be in writing ar shall not be a waiver of any other default concerning the same c any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be bindi and inure to the benefit of the parties hereto and their respecti. legal representatives, successors, and assigns. Owner agrees incorporate this agreement by reference in any subsequent deeds ' the property, but any failure to do so does not invalidate th provision. /// /// Notices. ' AGREEMENTS/AG-llB.FRH 2 REV 6/1 I I I ss b I A 11: 01. CAI IbOKNIA ( OUN IY 01. On - >)&.'& - 4 +L!cf??- bcfore me, the underslgned a Norary Public in and for said Stare, pcisoridIIy 'ippcartd A/$ QAL./=. ,P/*P~LY/<~ - -___ %.54AhWf-L2L&LC/"--- > - - ______ - - ___ ______ __ __ __-- __ -, known IO me e a Exhibit IrA1v PR 4.68 5310 El Arbol Lot 227 of Terramar Unit No. 7, in the City of Carlsbad, County San Diego, State of California, according to Map thereof No. 634 filed in the Office of the County Recorder of Sari Diego Count April 29, 1969. ZYVY ('VwYvg a - 60.03 EL &&bo/ DR;UZ.