The URL can be used to link to this page

Home My WebLink About1994-04-26; City Council; 12677; ABOVE GROUND ENCROACHMENT PERMIT| 5290 EL ARBOL DRIVE| PR 4.70.Ir ABOVE GROUND ENCROACHMENT PERMIT Adopt Resolution No. qLf- 115 approving an Above Ground Encroachment Per landscaping, an eight inch (8) retaining wall, and a stairway on City property (C Lake) adjacent to the rear yard of 5290 El Arbol Drive. ITEM EXPLANATION: Mr. and Mrs. Michael have requested an Above Ground Encroachment Permit tc existing landscaping, an eight inch (8") retaining wall, and a stairway to remain ( property, adjacent to the rear yard. Staff reviewed the request, inspected the si determined that the encroachment onto the City property will not adversely aff public's ability to use the property. The City property is the site of Cannon Lake. All utility companies have been notified of the encroachment and have expres: The applicant has executed the standard Encroachment Agreement. By execut Encroachment Agreement, the property owner agrees to hold the City harmless frc damages resulting from the encroachment and to remove the encroachment i expense upon notice from the City. This agreement also binds all future owners to these requirements and notifies then 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 construct encroachments prior to obtaining a permit, a penalty fee of 100% was paid in ad( the standard application fee. L4 9 4. Location map. 0 t% 2. Resolution No. 9'4- ji5 approving an Above Ground Encroachment PC landscaping, an eight inch (8") retaining wall, and a stairway on City property (1 Lake) adjacent to the rear yard of 5290 El Arbol Drive. 3. Encroachment Agreement with attachments. z 0 F= 0 a A H 8 3 NOT TO S( FOR 5290 EL ARBOL DR. 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 a 0 RESOLUTION NO. 94-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ABOVE GROUND ENCROACHMENT FOR 5290 EL ARBOL DRIVE, PR 4.70 WHEREAS, Mr. and Mrs. Howard Michael have submitted a request to allov landscaping, an eight inch (8) retaining wall, and a stairway to remain on City property Lake) adjacent to the rear yard of 5290 El Arbol Drive. WHEREAS, the City Engineer has determined the encroachment will not adver: 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 / 11 / 9 4 authorizing Mr Howard Michael to maintain the existing landscaping, an eight inch (8") retaining v stairway to remain on City property (Cannon Lake) adjacent to the rear yard of 52s Drive, which is on file with the City Clerk and is incorporated by reference, is approv 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 tl 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: NOES: None ABSENT: Council Member Nygaard Council Members Lewis, Stanton, Kulchin, and Finnila (SEAL) kg&& NZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk 0 e 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 4.70 This ENCROACHMENT AGREEMENT (llAgreementl') is entered int between the CITY OF CARLSBAI) ("City") and Howard C. Michael an Martha Ann Michael, (ltOwnert1), in accordance with Chapter 11.16 o the Carlsbad Municipal Code. Owner is the owner of that certain rea property located at 5290 El Arbol Drive,' within the City c Carlsbad, San Diego County, California, Assessor's Parcel Numb€ 210-160-22, and more particularly described in Exhibit rtA1' attached hereto and incorporated herein by reference. 2. The Public Property. City currently owns land used fc 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 ai grants its permission to Owner to allow existing landscapii staircase and 8" wood retaining wall into City property. A pl: showing the location of the encroachment is attached as Exhib: 'IBa attached hereto and incorporated by reference. This Agreemei is subject to 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 loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. REV 6/< AGREEMENTWAG-1IB.FRH 1 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. (E) This encroachment permit does not authorize nor approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. 4. Entire Aqreement. This Agreement constitutes the entj agreement between the parties with respect to the subject mati hereof and supersedes and replaces all other agreements, oral written, between the parties with respect to the subject matte: 5. Notices. Any notice which is required or may be gi7 pursuant to this Agreement shall be sent in writing by Unii States mail, first class, postage pre-paid, registered or certif. with return receipt requested, or by other comparable commerc means and addressed as follows: If to the City: If to the Owner: City of Carlsbad Mr. and Mrs. Howard Michael 2075 Las Palmas Drive 5290 El Arbol Drive Carlsbad, CA 92009-4859 Carlsbad, California 92008 which addresses may be changed from time to time by provid 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 rer unnecessary City's consent for approval to any subsequent act Owner. shall not be a waiver of any other default concerning the samt any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be binc and inure to the benefit of the parties hereto and their respect legal representatives, successors, and assigns. Owner agrees incorporate this agreement by reference in any subsequent deed: the property, but any failure to do so does not invalidate t provision. /// /// Any waiver by City of any default must be in writing AGREEMENTWAG- 116. FRH 2 REV e 0 8. Capacity. Each party represents that the Person( 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 heret have executed t Agreement on this )/* day of mk?rc! P k I 19 BLf =A?-= cx ,L 8p 4- i BY: ttOWNERtt ATTEST HOWARD C. MICHAEL AND MARTHA ANN MICHAEL h&&d ENKRANZ v HOWARD c. MICHAEL APPROVED AS TO FORM: 1 YY@& MARTHA ANN &9* MICHAEL BLpq ONALD R. BALL City Attorney y*37msq' Mayor 1 STATE OF CALIFORNIA lss COUNTY OF San Diego I I $1 a E On March 11 9 1994 before me, Linda Sullivan, Notary Public ' 'u Personally appeared Howard c. Michael and Martha Ann Michael F B 1% I 2 L m p 0 IK PerSonally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) is/are subscribed to the withln instrument and acknowledged to me that heisheithey executed the same in hislherithelr authorized capacity(res), and that by hrsiheritheir signature(s) on the instrument the person@) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han Signature I2 =-. IS area for official notarial seal) -__ AGREE#ENTS/AG-I 1B.FRM 3 REV 6 e e Exhibit llAtl PR 4.70 5290 El Arbol Lot 225 of Terramar Unit No. 7, in the City of Carlsbad, County San Diego, State of California, according to Map thereof No. 63, filed in the Office of the County Recorder of Sari Diego Coun April 29, 1969, "0 a EL ARBOL DRIVE __-__-__--_------ I I __--- I I I I RESIDENCE 3 -I I LARGE MATURE CANNON LAKE