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HomeMy WebLinkAbout8801 GLEESON CT5 ® �0000 /1 APPLICATION FOR ENCROACHMENT PERMIT TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and maintain an encroachment on public property or right -of -way as therein defined. 1. Full name of applicant and complete address including phone number: Kei cf ` / `�f^ �'1 56,41 ei- P?e-5 61 e esah (—t, kLK� lWtl CC� 9'331 6b 3 °e; ll 2. Mature or description of the encroachment for which this application is made:_ c/ n c., 14F �0 S, ul'a4 3. Location of the proposed a croachment; L j!!g -V )('11 e- sag J1 w,rV) 3� 4. Period of time for which the encroachment is to be maintained: re Y, In a h � R h 5 d(0 k Applicant agrees that if this application is granted, applicant shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, whatsoever against them, or any of them, before administrative, quasi - judicial, or judicial tribunals of any kind whatsoever, ansmg out of, connected with, or caused by applicant's placement, erection, use (by applicant or any other person or entity) or maintenance of said encroachment. The applicant further agrees to maintain the aforesaid encroachment during the life of said encroachment or until such time that this permit is revoked. Applicant further agrees that .. vvo-- aaau vin uuou tutuuvu Ulu same rrol roe or right o way where the same is located, and restore said public property or right of way to the nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment. Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long the encroachment remains. Applicant shall furnish the City Risk Manager with a Certificate of Insurance evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements evidencing the insurance required. The type(s) and amount(s) of insurance coverage is: Applicant acknowledges the right of the City Engineer, pursuant to Bakersfield Municipal Code Chapter 12.20 to revoke the permit at any time. Date: `�— � —O � ��i(�/( gE�� Signature of Applicant (Owner or Representative) PERMIT I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PUBLIC PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED). SAID PERMIT SHALL EXPIRE Date No. G:I GROUPDA11Forms\Encroac tunentPerinitApp.wpd 40 B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Pat Flaherty, Risk Manager FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions DATE: April 14, 2003 SUBJECT: Encroachment Permit Application for 8805 Gleeson Court Kendall Stoner Side yard wall extended to back of sidewalk. Please review the insurance certificate with the attached encroachment permit and return to me at your earliest convenience. S: \PERMITS \ENCROACH \INSURANC \8805 Gleeson Ct.doc B A K E R S F I E L L� PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Ryan Starbuck, Civil Engineer III FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions DATE: April 14, 2003 SUBJECT: Encroachment Permit Application for 8805 Gleeson Court Kendall Stoner Side yard wall extended to back of sidewalk. Please review the attached encroachment permit and return to me at your earliest convenience. 'ill 4103 rah S: \PERMITS \ENCROACH \TRAFFIC \8805 Gleeson Ct.doc PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326 -3724 RAUL M. ROJAS, DIRECTOR • CrrY ENGINEER August 19, 2003 Mr. & Mrs. Ellenberger 8801 Gleeson Court Bakersfield, CA 93311 RE: Encroachment Permit 03- 3000019 Dear Mr. & Mrs. Ellenberger: Thank you for bring this matter to our attention. The City of Bakersfield Public Works Department's jurisdiction extends only to the limits of the street right of way, the 8 feet behind the curb. The attached letter was sent to the permit holder, in hopes that this matter can be resolved. Should you have any questions, please feel free to contact Bob Wilson at (805) 326 - 325 -3566. Very truly yours, RAUL M. ROJAS Public Works Director RAUL M. ROJAS Public Works Director cc: encroachment file Reading file S: \PERMITS \Letter \8805 Gleeson Ct.DOC B A K E R S F I E L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326 -3724 RAUL M. ROJAS, DIRECTOR • CrrY ENGINEER August 19, 2003 Mr. & Mrs. Ellenberger 8801 Gleeson Court Bakersfield, CA 93311 RE: Encroachment Permit 03- 3000019 Dear Mr. & Mrs. Ellenberger: Thank you for bring this matter to our attention. The City of Bakersfield Public Works Department's jurisdiction extends only to the limits of the street right of way, the 8 feet behind the curb. The attached letter was sent to the permit holder, in hopes that this matter can be resolved. Should you have any questions, please feel free to contact Bob Wilson at (805) 326 - 325 -3566. Very truly yours, RAUL M. ROJAS Public Works Director RAUL M. ROJAS Public Works Director cc: encroachment file Reading file S: \PERMITS \Letter \8805 Gleeson Ct.DOC PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326 -3724 RAUL M. ROJAS, DIRECTOR • MY ENGINEER August 19, 2003 Mr. Kendall Stoner 8805 Gleeson Court Bakersfield, CA 93311 RE: Encroachment Permit 03- 3000019 Dear Mr. Stoner: It was come to our attention that your wall covered by Encroachment Permit No. 03- 3000019 may have also encroached on the adjacent property. Please provide additional information, within 30 working days, as to the exact location of the wall in relation to the adjacent property line. With this information we will be able to determine the appropriate action. If it is determined that the wall is encroaching. on the adjacent property the following remedies can be taken to resolve the problem: 1. If the adjacent property owner gives his permission in writing, for the wall to remain, an encroachment permit will be issued to the adjacent property owner; or 2. That portion of the wall covered by the encroachment permit shall be removed from the adjacent property. Failure to provide additional information may result in the permit being revoked by the City of Bakersfield. Should you have any questions, please feel free to contact Bob Wilson at (805) 326- 325 -3566. Very truly yours, RAUL M. ROJAS Public Works Director by: to --°°.' IV RAUL M. ROJAS Public Works Director cc: encroachment file Reading file Ellenberger Residence S: \PERMITS \Letter \8805 Gleeson Ct.DOC �f; 0 B A K E R S F I E L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326 -3724 RAUL M. ROJAS, DIRECTOR • MY ENGINEER August 19, 2003 Mr. Kendall Stoner 8805 Gleeson Court Bakersfield, CA 93311 RE: Encroachment Permit 03- 3000019 Dear Mr. Stoner: It was come to our attention that your wall covered by Encroachment Permit No. 03- 3000019 may have also encroached on the adjacent property. Please provide additional information, within 30 working days, as to the exact location of the wall in relation to the adjacent property line. With this information we will be able to determine the appropriate action. If it is determined that the wall is encroaching. on the adjacent property the following remedies can be taken to resolve the problem: 1. If the adjacent property owner gives his permission in writing, for the wall to remain, an encroachment permit will be issued to the adjacent property owner; or 2. That portion of the wall covered by the encroachment permit shall be removed from the adjacent property. Failure to provide additional information may result in the permit being revoked by the City of Bakersfield. Should you have any questions, please feel free to contact Bob Wilson at (805) 326- 325 -3566. Very truly yours, RAUL M. ROJAS Public Works Director by: to --°°.' IV RAUL M. ROJAS Public Works Director cc: encroachment file Reading file Ellenberger Residence S: \PERMITS \Letter \8805 Gleeson Ct.DOC Raul Rojas Encroachment Permit - Complaint Page 1rl From: Raul Rojas To: Marian Shaw; Robert Wilson Date: Wednesday, August 13, 2003 4:35:28 PM Subject: Encroachment Permit - Complaint Marian, For response, and please check out the situation for me. CC: Jack LaRochelle �ECEIVED WENDELL JAY ELLMMERGER AUG 13 2003 SHERRI ANN ELLENBERGER 8801 GLEESON COURT PUBLIC WORKS DEPARTMEN BAKERSFIELD, CA. 93311 (661) 663 -8926 TO: PAUL M. ROJAS PUBLIC WORKS DIRECTOR OR BOB WILSON DATE: AUG. 13, 2003 SUBJECT: FORMAL COMPLAINT TO ENCROACHMENT PERMIT ISSUED OF 4' MAX HIGH SIDE YARD WALL TO BACK OF SIDEWALK. ADDRESS OF PERMIT ISSUED: KENDAL MARTIN STONER 8805 GLEESON COURT BAKERSFELD, CA. 93311 THIS COMPLAINT IS CONCERNING THE PERMIT ISSUED TO CONSTRUCT THE 4' BLOCK WALL ON PERMIT # 30WN19 ISSUED ON APRIL 18 2003. THIS APPLICATION WAS FILED ON APRIL 4, 2003, BUT THE WALL WAS CONSTRUCTED ON OCT 6 2002,7 MONTHS PRIOR TO THIS APPLICATION AND OR PERMIT. DURING THE PERMIT APPLICATION THE APPLICANT KENDALL STONER HAD TO HAVE A SIGNED STATEMENT FROM RESIDENTS TO SHOW THAT TIME WAS NO OBJECTION TO THE CONSTRUCTION OF THE BLOCK WALL. THE RESIDENCE THAT I HAVE IS THE ONE RESIDENCE THAT WAS EFFECTED BUY THE CONSTRUCTION OF THIS WALL BECAUSE IT BORDERS MY PROPERTY AND I WAS NOT NOTIFIED OF THIS APPLICATION AND WE DO HAVE AN OBJECTION TO THE WALL AND OR PERMIT TO HAVE THIS WALL CONSTRUCTED. IN THE APPLICATION IT ASK THE QUESTION, LOCATION OF THE PROPOSED ENCROACHMENT: THE APPLICANT ANSWERED IN THE NORTH- EAST OF LOT, RUNS (ALONG) THE PROPERTY LINE SOUTHWARD 30', NOTE: THAT HE SAID ALONG THE PROPERTY LINE. DURING THE CONSTRUCTION OF THE WALL THERE WAS NO INSPECTIONS FROM THE PUBLIC WORKS DEPARTMENT. THERE WERE NO SURVEYS OR INSPECTIONS TO MAKE SURE THE WALL WAS NOT ENCROACHING MY PROPERTY, OR TO SEE THAT THE WALL WAS CONSTRUCTED ALONG THE PROPERTY LINE AND NOT ON MY PROPERTY. THERE WERE NO INSPECTIONS AS TO THE TRENCHING, THE FOOTINGS, THE STEEL. REINFORCEMENT OR THE CONSTRUCTION OF THE WALL TO SEE THAT THE WALL WAS CONSTRUCTED CORRECTLY FOR THE LIABILITY AND SAFETY OF MY FAMILY AND OTHERS. THIS IS NEGLIGENCE BY THE PUBLIC WORKS DEPARTMENT AND CREATES HUGH LIABILITIES FOR THE PUBLIC WORKS DEPARTMENT AND I WILL HOLD THEM LIABLE FOR ANY DAMAGES OR INJURIES. THE APPLICANT AFTER THE FACT OF COMPLETION OF THE WALL AND PRIOR TO APPLICATION OF THE PERMIT DID IN FACT HAVE A SURVEYOR COME OUT AND SURVEY THE WALL AND WAS NOTIFIED THAT THE WALL WAS CONSTRUCTED ON MY PROPERTY. YET THE PUBLIC WORKS DEPARTMENT ISSUED THIS PERMIT AFTER THE APPLICANT KNEW THAT HE HAD IN FACT ENCROACHED MY PROPERTY AND DID NOT DISCLOSE THIS INFORMATION. I DO UNDERSTAND THAT THE FINAL INSPECTIONS HAVE NOT YET BEEN SINGED OFF AS OF TODAY'S DATE OF 8/12/03. I ALSO HAVE LEARNED THAT THE APPLICANT KENDALL AND LISA STONER HAVE THEIR HOUSE IN ESCROW. AND I BELIEVE THAT THIS HAS TO BE FINALIZED PRIOR TO THE CLOSE OF ESCROW. MY COMPLAINT AND RECOMMENDATION IS TO HAVE THE WALL / FENCING REMOVED AND THE PROPERTY RESTORED TO THE WAY IT WAS PRIOR TO THE CONSTRUCTION OF THE WALL INCLUDING REMOVAL OF ALL FOOTINGS UNDER THE SURFACE AND UNDER MY DRIVEWAY. AWAITING YOUR RESPONSE. SENCERLY: WENDELL JAY ELLENBERGER .9 � • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Raul M. Rojas, Public Works Director FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions DATE: April 18, 2003 SUBJECT: Encroachment Permit Application for Installation of 4' max high side yard wall to back of sidewalk Kendall Martin Stoner 8805 Gleeson Court Engineering and Traffic staff has reviewed the attached encroachment permit to allow the installation of a 4' high max.. side yard wall built to back of sidewalk. The site is located at 8805 Gleeson Court. The applicant has provided proof of appropriate insurance coverage to Risk Management, and has provided signatures of all immediate neighbors stating that they have no objection to the proposed construction. Based on their review, staff recommends approval of the permit. SAPERMIMENCROACH\2003 Permits \8805 Gleeson Ct.doe 3 -1 rp 2 y/� co �y S 3��5 � CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS TO WHOM IT MAY CONCERN: We, the undersigned, have no objection to the construction of a fence behind the sidewalk, or other encroachment as shown on the plot plan: / Gf By: Re-viGf ,1/l Sfoher (Street) (Owner's Name) of (Address) SIGNED: Address G C- 2) Name AJYK oyn Address Phone: 60 — 0 G 3 0/ l q Date:.f 10:-:;,) Date: 3) Name �kul-'Q t Date: Address�� 2eSO C J 4) Name �/,e /p�c /'���� j` Date: % Address �I r 5) Named Snk-, ! 7 , /�'l �' S Date: Address f `� �G e--so h er 6) Name Aqw/6&Ti /.ga 4� Date: Address �C�% Q ti -/-03 /. . /,()3 Encroachment Location X X X X X X X FROM ': STATE FARM r�r� � . FAX NO. :661 765 -2382 )TATS FARM a IN5URA MCI Fire Policy Status * MORTGAGEE COUNTRYWIDE HOME LOANS ATIMA -ISAOA ATTN INS DEPT SV22 PO BOX 10212 VAN NUYS CA 91410 -0212 LOAN NO: 020813546 Mar. 31 2003 01:04PM P2 MARCH 31, 2003 Prem adj: -10 %HA $ 68/- 5 %CRR$ - 5 %MLD$ 34 Move -in: Q Entry: FEB -11 -98 FMP 'seg: 99 34 Insurance to Value inspection Repl cost: 85100 IV Percentages Reinsp compl 06 -06 =02 by agent Reps. cost: 123 Reinsp planned 2002 by agent Current cov: 105000 Compl 2002 plan entrd 06 -06 -02 Area adj fact: 1.76 Rate: 122 Square footage: 1313 Replacement Cost Criteria Frame 1 Story Year built: 1986 7 or 8 corners No basement Additional Building Features Post -1980 Adjustment Slab adjustment 2 Car attached garage 1 Family Additional Building Features Central air Concrete the roof Special Features Bedrms adjoining bath /sitting rms FROM :STATE FARM STATE FARM Oft INSURANCE COV POLICY #; 87- LX- 1067 -0 G STONER, KENDALL M & LISA D 8805 GLEESON CT' BAKERSFIELD, CA 93311 --1908 FAX NO. :661 765 -2382 MARCH 31, 2003 HO - HOMEOWNERS Mar. 31 2003 01:05PM P3 AGENT COPY AGENT: F784/7497 PHONE #: ( ) 000 - 000 -0000 Eff date:(03 /31/03) Curr date: (03/31/03) Time: (09 :33 AM) *i'DEDUCTIBLE AND COVERAGE AMOUNT CHANGES ** Coverages: (L -PERS LIAB DUVALL, KENNETH L 661- 765 -7158 INITIALS(KDH) 300000) FROM :STATE FARM SYATF FA UA CM INSURANCE STONER, KENDALL M & LISA D 8805 GLEESON CT BAKERSFIELD CA 93311 -1908 Type; HO - HOMEOWNERS Coverage information A- DWELLING 105000 DWELL EXT 10500 B -PERS PROP 78750 C -LOSS USE ACT LOSS L -PERS LIAB 100000 DMG TO PROP 500 M -MED /PERS 1000 FAX NO. :661 765 -2382 Mar. 31 2003 01:04PM P1 MARCH 31, 2003 Fire Policy Status Ph. (000)000 -0000 GENL Policy: 87 -LX- 1067 -0 G Yr issd: 1998 Xref: I YRs with SF: 5 Term: CONT Renew date: JAN =28 -04 Premium: 589.00 Written date: JAN -2798 Amount paid: 589.00 Date paid: JAN -20 -03 Bill to: MTG Prev prem: 468 Prev risk: 100,000 Deductibles applied: 250 ALL PER Messages: Year built: 1986 Zone: 40 Sub zone: 01 Families: 01 Constr: FRAME Home alert: FE DB BR Rating claims: 00 Clean slate: 01 -28 -00 September 16, 2003 Bob Wilson Public Works Department 1501 Truxtun Ave Bakersfield, CA 93301 Dear Bob Wilson, Due to the recent Small Claims action filed by my neighbor we would like you to extend the time period with which we have to respond to your letter regarding our wall. We would like to have an additional 30days to allow us to get through our Small Claims hearing on 9/24/03 and then respond to your letter after we have the ruling from that court session. Please contact us if you have any questions or comments. Sincerely, Kendall Stoner Home #: 663 -0119 Work Cell #: 201 -7409 8805 GLEESON CT BAKERSFIELD, CA 93311