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Home My WebLink About1994-04-26; City Council; 12676; ABOVE GROUND ENCROACHMENT PERMIT| 5300 EL ARBOL DRIVE| PR 4.71. q DA BILL-++- ABOVE GROUND ENCROACHMENT PERMIT Adopt Resolution No. ’?q- I/v approving an Above Ground Encroachment Pe landscaping, fill, walkways and small wood retaining structures on City property (< Lake) adjacent to the rear yard of 5300 El Arbol Drive. ITEM EXPLANATION: Mrs. Gladys Wood has requested an Above Ground Encroachment Permit to allow I landscaping, fill, walkways and small wood retaining structures to remain on City pi adjacent to the rear yard. Staff reviewed the request, inspected the site, and detc that the encroachment onto the City property will not adversely affect the public’: to use the property. The City property is the site of Cannon Lake. All publi companies have been notified of the encroachment and have expressed no objei The applicant has executed the standard Encroachment Agreement. By execu Encroachment Agreement, the property owner agrees to hold the City harmless fr damages resulting from the encroachment and to remove the encroachment expense upon notice from the City. This agreement also binds all future owners to these requirements and notifies the1 encroachment and City ownership. FISCAL IMPACT: By executing the Encroachment Agreement the property owner agrees to maintair remove all improvements at owner’s expense. As the owner construd encroachments prior to obtaining a permit, a penalty fee of 100% was paid in ad1 the standard application fee. d w 1. Location map. tL 2. Resolution No. 94- //Y approving an Above Ground Encroachment P landscaping, fill, walkways and small wood retaining structures on City (Cannon Lake) adjacent to the rear yard of 5300 El Arbol Drive. 2 3. Encroachment Agreement with attachments. z 0 c 8 a G J 2 3 NOT TO S R 5300 EL ARBOL DR. I 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 RESOLUTION NO. 94-114 A RESOLUTION OF THE CllY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ABOVE GROUND ENCROACHMENT FOR 5300 EL ARBOL DRIVE, PR 4.71 WHEREAS, Mrs. Gladys Wood has submitted a request to allow existing landsc: walkways and small wood retaining structures to remain on City property (Cannon Lake) to the rear yard of 5300 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 / 10 / 9 4 authorizing Mrs. Glac to maintain the existing landscaping, fill, walkways and small wood retaining structurc property (Cannon Lake) adjacent to the rear yard of 5300 El Arbol Drive, which is on fi City Clerk and is incorporated by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroachment 1 and the City Clerk is authorized to cause the original agreement to be recorded in tt 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 Nyga ATTEST: 4%- 6%t!!Ad%%Z, City Clerk (SEAL) KAREN R. KUNDTZ, sistant City Clerk 0 0 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 PROPERTY PR 4.71 This ENCROACHMENT AGREEMENT ('*Agreementtt) is entered i between the CITY OF CARLSBAD (t'City9t) and Gladys H. Wo (ltOwnerlg), in accordance with Chapter 11.16 of the Carls Municipal Code. Owner is the owner of that certain r property located at 5300 El Arbol Drive, within the City Carlsbad, San Diego County, California, Assessor's Parcel Num 210-160-23, and more particularly described in Exhibit 'I attached hereto and incorporated herein by reference. drainage purposes (Cannon Lake) described as a 6.87 acre parcel portion of lot H Rancho Aqua Hedionda. grants its permission to Owner to allow existing landscapi grading, walkways and wood retaining structures. A plat shok the location of the encroachment is attached as Exhibit attached hereto and incorporated by reference. This Agreement subject to the following terms and conditions: 1. The Property. 2. The Public Property. City currently owns land used 3. The Encroachment. City hereby covenants and agrees (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. 1 REV AGREEMENTWAG-11B.FRM EXHIBIT 3 e 0 (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. This encroachment permit does not authorize nor approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. (E) 4. Entire Asreement. This Agreement constitutes the ent agreement between the parties with respect to the subject mat hereof and supersedes and replaces all other agreements, oral written, between the parties with respect to the subject matte Any notice which is required or may be gi pursuant to this Agreement shall be sent in writing by Uni States mail, first class, postage pre-paid, registered or certif with return receipt requested, or by other comparable cornmerc means and addressed as follows: If to the City: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Carlsbad, California 92008 which addresses may be changed from time to time by provic notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act omission by Owner shall not constitute a waiver of any ot default by Owner and shall not be deemed a waiver or re1 unnecessary City's consent for approval to any subsequent act Owner. Any waiver by City of any default must be in writing shall not be a waiver of any other default concerning the Sam4 any other provision of the Agreement. 7. Successors and Assiqns. This Agreement shall be bin< and inure to the benefit of the parties hereto and their respec1 legal representatives, successors, and assigns. Owner agree: incorporate this agreement by reference in any subsequent deed: the property, but any failure to do so does not invalidate 1 provision. /// /// 5. Notices. If to the Owner: Mrs. Gladys H. Wood 5300 El Arbol Drive 2 REV -- ,. L .en rn., e 0 8. Capacity. Each party represents that the personl executing this Agreement on behalf of such party have the authorj to execute this Agreement and by such signature(s) thereby bj such party. IN WITNESS WHEREOF, this parties hereto have executed tl Agreement on this 10th day of March , 19 94 ATTEST APPROVED AS TO FORM: Mayor RONALD R. BALL City Attorney 1 STATE OF CALIF RNlA . }ss. 7 Q,P* 1 I COUNTY OF d On Aiio/$ before me, 3 8 2 personally appeared 6 Id& H. w 0 F , I$ pscsea;rliyknewktame (or proved to me on the basis of satisfactory evidence) to be the person@) whose name(#) isCa subscribed to the within instrument and acknowledged to me thath/she/tky executed the same in &/herMr authorized capaci-), $ IL i; I= g and that by Ine/her/t(lew signature@ on the instrument the person@) or the entity upon behalf of which the m person@ acted, executed the instrument. IC 1 1 11 - __ --- - _-I- AGREERENTS/AG-IlB.FRM 3 REV 6 e 0 Exhibit IgAlt PR 4.71 5300 El Arbol Lot 226 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 San Diego Count April 29, 1969. -- EL ARBOL DR. - - --- - - -_ I I I SMALL PIECES OF FLAGSTONE FOR CANNON LAKE