HomeMy WebLinkAbout1994-09-06; City Council; 12840; ABOVE GROUND ENCROACHMENT| 4444 ADAMS STREET| PR 4.76MTG, 09-06-94 PR 4.76
RECOMMENDED ACTION:
Adopt Resolution No. 9 v c $q 3 approving an above ground encroa
consisting of a maximum three feet high loffell retaining wall at 4444 Adams Strt
ITEM EXPLANATION:
Jerry J. and Peggy L. Moffatt have requested an above ground encroachment p
allow the construction of a maximum three foot high loffell retaining wall in a PC
the public street and utility easement.
The retaining wall is required for driveway access to the hillside lot and to preserv
steep slopes. A portion of the wall extends beyond the property line and into t
of way for Adams Street.
Staff has reviewed the request and inspected the site and has determined 1
encroachment into the easement will not adversely affect the public’s ability to
easement. All public utilities have been notified of the encroachment and t
FISCAL IMPACT
1. Location Map.
2.
3.
Resolution No. 9 Y -d q3 approving an above ground encroachment co
of a maximum three feet high of fell retaining wall at 4444 Adams Street.
Encroachment Agreement with attached plat. a w
&
z 0 6
i a
z 3 0 0
e 0
LOCATION MAP
NOT TO SC
PROJECT NAME PROJECT E
NUMBER MOFFATT RETAINING WALL PR 4.76
DRAW BY. SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
$
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
l6
l7
I.8
19
20
21
22
23
24
25
26
27
28
TArllDil L 0 0
RESOLUTION NO. 94 - 343
- -- *- -- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING THE ABOVE GROUND
- ENCROACHMENT FOR 4444 ADAMS STREET - PR 4.76
WHEREAS, Jerry J. and Peggy L. Moffatt have submitted a request to COI
maximum three foot high loffell retaining wall within a public street and utility easemc
their property frontage at 4444 Adams Street; and
WHEREAS, the City Engineer has determined the encroachment will not adver:
the public's ability to use the easement.
NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad (
as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Agreement dated - 8 / 10 / 9 4 authorizing Je
Peggy L. Moffatt to construct a maximum three foot high loffell wall within the public !
utility easement adjacent to 4444 Adams Street which is on file with the City CIt
incorporated by reference, is approved.
/I/
//I
I//
/I/
//I
//I
/I/
/'I
111
///
//I
-
-
i
1
2
3
4
5
6
7
a
9
10
11
12
I.3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
2. That the Mayor and City Clerk are authorized to sign the encroachment Agr
and the wlerk is authorized to cause the original agreement to be recorded in the (
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 6th day of SEPTEMBER , 1994 by the following Vote, to Wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA I. RAUTENKRANZ, City Clerk
(SEAL)
-
-
2
0 EXHIBIT #3
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 EASEMENT PR 4.76
This ENCROACHMENT AGREEMENT ( I1Agreementtt) is entered ir
between the CITY OF CARLSBAD (lvCityll) and Jerry J. Moffatt E Peggy L. Moffatt, ("Owner") , in accordance with Chapter 11.16 the Carlsbad Municipal Code.
1. The Owner. Owner is the owner of that certain re
property located at 4444 Adams Street, within the City of Carlsbz San Diego County, California, Assessor's Parcel Number 206-180-:
2. The Easement. City currently owns an existing easeme
over, under, and across Owner's property for public street i
public utility purposes (Adams Street).
3. The Encroachment. City hereby covenants and agrees I grants its perinission to Owner to construct a maximum three fc high loffell retaining wall. A plat showing the location of 1
encroachment is attached as Exhibit ltAll attached hereto I incorporated by reference. This Agreement is subject to 1 following terms and conditions:
(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.
ACREEMENTS/AG-11B.FRM 1 REV 61
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.
Whatever rights and obligations were acquired by the City with respect to the 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 enti
agreement between the parties with respect to the subject matt hereof and supersedes and replaces all other agreements, oral
written, between the parties with respect to the subject matter
5. Notices. Any notice which is required or may be giv pursuant to this Agreement shall be sent in writing by Unit States mail, first class, postage pre-paid, registered or certifi with return receipt requested, or by other comparable commerci
means and addressed as follows:
If to the City: If to the Owner:
City of Carlsbad
2075 Las Palmas Drive 4150 Adams Street
Carlsbad, CA 92009-4859 Carlsbad, CA 92008
Jerry and Peggy Moffatt
which addresses may be changed from time to time by providi 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 ott
default by Owner and shall not be deemed a waiver or rend unnecessary City's consent for approval to any subsequent act
Owner. Any waiver by City of any default must be in writing 2 shall not be a waiver of any other default concerning the same
any other provision of the Agreement.
7. Successors and Assisns. This Agreement shall be bindj and inure to the benefit of the parties hereto and their respectj
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 tk provision.
///
///
///
AGREEMENTS/AG-11B.FRM 2 REV 6/
0 0
8. Capacitv. Each party represents that the person(s executing this Agreement on behalf of such party have the authorit
to execute this Agreement and by such signature(s) thereby bin such party.
IN WITNESS WHEREOF, this parties hereto have executed thi Agreement on this /d+A day of Au w5f , 19'rc/
ATTEST OWNER:
JERRY J. MOFFATT
AND PEGGY L. MOFFATT il.LQBk &? Q!A*? ALETHA L. RAUTENKRANZ
City Clerk
BY: \- A&(>JcJ&&?--~ er -J. Mo fact' /{;/E ~ By: i /- /,,--,r ,,yjh$& APPROVED AS TO FORM:
?/ ; ilr f I Vjl,L ~ L ?,' !LC-/ &, f Peg TL. Moffak 'L / RONALD R. BALL L--
City Attorney
Mayor
REV 6/4 3 AGREEMENTS/AG-11B.FRM
e 0
1 STATE OF CALIFORNIA }ss.
COUNTY OF sar\ QjeGo 1
3 On &uq US+ Io,lqYIC 1 before me, L;ndcc su //,.c/ar7! N o&(y I Lt 6/1
personally appeared &fry J. fl&d+ @d @qgv .L Mi&*
l personally known
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s
subscribed to the within instrument and acknowledged to me that hefdq-e/they executed thc
in his/her/their authorized capacity(ies), and that by btdbeltheir signature(s) on the instrum
person(s) or the entity upon behalf of which the person(s) acted, executed the instrumer
WITNESS my hand and official seal.
,-
r _,' Jd2?%/
Signature /fi ~ 49Uib
(This area for official notarial seal)
Title of Document ,f& r OQC li iIted- 3-q re e fie A-+
Date of Document g-/o-L'/S' No. of Pages 3
Other signatures not acknowledged fi/e$-hs, L. &jdp 17 k rhkiz, /?om/ dP# &I l.
C/abde /I-, L-eLctis
3008
First American Title lnsi
c 0
4
------
tr q@mmMEm me. LDFFEt pm1w4 uMLL
MOFFATT RETAINING WALL