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Home My WebLink About1995-08-15; City Council; 13271; ABOVE GROUND ENCROACHMENT FROM PAMPLONA WAY 600 FEET SOUTHERLY ON THE EAST SIDE OF ALMADEN LANE| PR 4.78r* FROM PAMPLONA WAY 600 FEET Adopt Resolution No. 95-4279 approving an above ground encroa consisting of a six-foot high open steel fence to be located three feet behind the the public right of way. ITEM EXPLANATION: The La Costa Village Homeowners Association has requested an above ~ encroachment permit to allow a six-foot high open steel fence to be located thr behind the curb in the public right of way of Almaden Lane. The area where this project is located was developed prior to its annexation to tl of Carlsbad, under County of San Diego standards. The street improvements ( include the construction of a sidewalk because a steep slope was allowed constructed to the edge of the curb. There are no plans to install a sidewalk Staff has reviewed the request and inspected the site and has determined tl encroachment into the street easement will not adversely affect the public's ability the easement. All public utilities have been notified of the encroachment and hz objections. The applicant has executed a standard encroachment agreement. F'ISCAL IMPACT: EXHIBITS: 1. Location Map. 3. Resolution No. 5?F-JdY Encroachment Agreement with attached plat. ;. 1 2 3 4 5 6 7 8 9 LO I' 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 95-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR ALMADEN LANE FROM PAMPLONA WAY SOUTHERLY ON THE EAST SIDE OF ALMADEN LANE, PR 4.78 WHEREAS, the La Costa Village Homeowners Association has submitted a re allow a six-foot high open steel fence to be located within a public street and utility E along Almaden Lane, and WHEREAS, the City Engineer has determined the encroachment will not adven the public's abilrty to use the easement, and WHEREAS, the owners of the encroachment have executed an Encroachment A wherein they covenant and agree with the City of Carlsbad as follows: (A) The encroachment shall be installed and maintained in a safe condition cost, risk, and responsibility of the owner and its successors in intere5 The owner shall agree at all times to indemnity and hold the City harmless from any and all claims, demands, losses, damages, or resulting from the construction, maintenance, use, repair or rem0 structure installed hereunder, including any loss, damage, or expense of (1) loss or damages to property and (2) injury to or death of persoi The owner must remove or relocate any part of the encroachment witt days or such other time as specified in the notice after receipt of it fro Engineer, or the City Engineer may cause such work to be don reasonable cost thereof shall constitute a lien upon the property. Whatever rights and obligations were acquired by the City with res1 easement shall remain and continue in full force and effect and shall in affected by Crty's grant of permission to construct and maintain the enc structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 0' (B) (C) I I (D) I California, as follows: 1. That the above recitations are true and correct. /// 111 /I/ 5 -. . L 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 2. That the Encroachment Agreement authorizing the la Costa Village Homc Association to construct and maintain a six-foot high open steel fence within the pub1 easement along the east side of Almaden Lane from Pamplona Way 600 feet southerl! 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 A{ and the City Clerk 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 Cit 5 held on the 15th day of AUGUST , 1994 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None CLAUDE A. LEWIS, Mayoi 1 I ATTEST: ALETHA L RAU~~NKRANZ, city clerk (SEAL) 2 I e 0 s- .. 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 This ENCROACHMENT AGREEMENT ( @@Agreement9@) is entered ir between the CITY OF CARLSBAD (*@City@@) and La Costa Villa Homeowners Association, a California Nonprofit Corporatic (980wner@9) , in accordance with Chapter 11.16 of the Carlsk Municipal Code. 1. The Owner. Owner is the owner of that certain rc property located at 7210 1/2 Plaza de la Costa, within the City Carlsbad, San Diego County, California, Assessor's Parcel Numk 2. The Easement. City currently owns an existing easemc over, under, and across Ownerrs property for street purposes wh. easement is described in Exhibit 9@B@9 attached hereto i incorporated by reference. 3. The Encroachment. City hereby covenants and agrees 4 grants its permission to Owner to install a steel fence three fc from the face of the curb into the parkway area, within the pub street easement. A plat showing the location of the encroachmc is attached as Exhibit IrA9@ attached hereto and incorporated reference. This Agreement is subject to the following terms q conditions: 215-232-20. (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. AGREEMENTWAG-11B.FRM 1 REV L a , 0 I (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 Aareement. 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 commercf means and addressed as follows: If to the City: If to the Owner: City of Carlsbad La costa Village 2075 Las Palmas Drive Homeowners Association Carlsbad, CA 92009-4859 c/o J. Michael Management Servicc 1930 So. Hill Street, Suite 110 Oceanside, CA 92054 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 reni 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 same any other provision of the Agreement. 7. Successors and Assians. This Agreement shall be bind 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 deeds the property, but any failure to do so does not invalidate t provision. /// /I/ /// AGREEWENWAG- 1 16. FRU 2 REV 0 0 -. 8. Capacitv. Each party represents that the person executing this Agreement on behalf of such party have the author to execute this Agreement and by such signature(s) thereby b such party. IN WITNESS WHEREOF, this parties hereto have executed t' Agreement on this 1- day of fnprm.5b+- , 19% OWNER: WITNESSED BY: LA cOz,/ A &f AGE 1 ~OM~~wNERS >' /I /3 Ai&)/&& I / PRISCILLA WHITING By:: BERT RAFF - P E IDEY Q4&zqz5i&i <( /Ad By: DONALD CORN - SECRETARY ATTEST - (l.&LL A. 6?&z!LA- E. L - ALETHA L. RAUTENKRANZ City Clerk Mayor APPROVED AS TO FORM: RON~LD R. BALL 8,,6,cr, City Attorney 3 REV AGREEMENTS/AG- 11B. FRH e 0 .. State of California County of San Diego On March g, 1995, before me, the undersigned, a notary pub1 for the state, personally appeared Priscilla Whiting personal known to me (or proved to me on the oath of Priscilla Whiting wi is personally known to me) to be the person whose name subscribed to the within instrument, as a witness thereto, whl being by me duly sworn, deposes and says that she was present ai sawGilbert Raff and Donald Corn, the same persons described in ai whose names are subscribed to the within and annexed instrument , parties thereto, execute the same, and that said affiant subscrib1 her name to the within instrument as a witness at the request Gilbert Raff and Donald Corn. WITNESS MY HAND AND OFFICIAL SEAL i e e EXHIBIT 'A' LOT 1 OF LA COSTA VILLAGE, AS SHOWN ON MAP NO. 6621, RECORDED ON APRIL 14, 1970, AS INSTRUMENT/FILE NO. 64617, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. 0 0 .- ., EXHIBIT 'B' THAT PORTION OF ALMADEN LANE ALONG THE WESTERLY PROPERTY BOUNDARY OF LOT 1 OF LA COSTA VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 662 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14, 1970. e 0 7. LAT OF OJECT EX1 ST1 N G RIGHT-OF-WAY , NOT TO SCALE EXIST. SLOPE PROJECT NAME PROJECT NUMBER PR4.78 LA COSTA VILLAGE DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT -. . August 23, 1995 Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147 Enclosed for recordation is the following described document: Encroachment Agreement with La Costa Village Homeowners Association for Almaden Lane from Pamplona Way PR 4.78 Also enclosed are instructions on how the City is to be billed fc the recordation fees incurred. Thank yo; for ~OLT ziss~stz~~~ LAA ,.,k ,i,akter. ALETHA Oedtik.2- L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosures --~_- 1 ZOO Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E I\ 1 II t II 1 : I