HomeMy WebLinkAbout1977-03-15; City Council; Resolution 50101
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RESOLUTION NO. 5018
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and the owner of Lot 227 of Map No. 8379 for encroachment
in Perenne Place, a copy of which is attached hereto marked
Exhibit A and incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
16,City Council of the City of Carlsbad, California, held on the
15th day of March , 1977 by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Skotnicki , and Councilwoman Casler.
A RESOLUTION OF THE CITY COUPJCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF
LOT 227 OF MAP 8379 FOR ENCROACHJKENT IN PERENNE
PLACE AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEJKENT .
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NOES: None.
ABSENT : None.
(SEAL)
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27 Deputy City Clerk I1
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- LE accordznce i?iith the provisior,s ~f Sectior! 71.04.C'iO of the Ca.rlsSad .. - Jb<~-:>lc:paj. Cos?, the unzersigned, the C.i,.neT of L@.& .22'7 .=f , ,.:ap -3?79-# filed in
kk.2 office of tie County Recorder Septspiber 14, 1976, in the 'Clty of Carlsbad,
Co~-1t>7 of San Cieqo, State of California, in consideration of the grant of
pernLssion by the City of Carisbad to iystall and maintain an encroachment
structure as bescr1Sed and shown on t5e piat attached for the use and benefit
of owner's property, over, and across public right of way in
ccvenznts and agrsis with the Ci-cy of Carlsbad as follows:
-- 7- cjve cescribed sk:-;ez~,re ~321.~ be
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I 3 ,-,Sc.I 53 iZ?-L2ZPSt hlq Sr-ZLL xCL2 ~Lz' izss wi"ii._ rs
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respect to &e p&7ic right of way shall remain and continue in full force
and effect anE skzll in no xay be affected by the City's grant of permission
to construct a36 xsintain the encrcachment structure.
3) This agreement is zade for the Ciirect benefit of Ovner's land above
described and the covenants and conditions herein contained shall run with
said land and shall be binding on the assigns and successors of Owner.
4) Prior to construction of the encroachment, a plan shos?;ing the
detel Is of the encroachment, xear,s to handle drainage, and required facilitie-
for fire and emergerrcy shall be submitted and approved by the City Engineer
2nd Fire Marshall. The plan shall include a 12 foot gate in the proposed
fence for courtyarz access from Perenne place, adequate interior clearance
for emergency access, and, if required, special interim hydrant placement.
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2) Whatever riqhts and obligations were acquired by the City with
-. - 5) A bond, 5ased on;102% cf the..
6) No construction or pls-cernent of combustible materials on the prc-
-$: shall be pcsted
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posed lots fronting on Perenne Place or its tributary streets shall be
permitted until the encroachment is removed or an all-weather access approved
by -,he City Engineer and Fire Marshall is provided; however, in the latter
case, no occupailcy of structures on the lots shall be permitted until the
encroaciment is renoved. _-_- ---_ -" - -__ - -~ -_ - --
r ac;ro,erent ox let~er~oi perrLssTon rom Efie -I Owne - I
I acknowledging the encroachment an as -it arf
e" auraZion of the permit, shall be provided prior tc construction.
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, 1 q'!, beiG;z,me, t
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io: said County and S:rie. pevsonz!iy appeared s- 4 ' ,.-
' ,' 1 i; ,( ,g,/,,- - - Known to me to be the 1% Pre>ident, and--
Known 10 me to be the Secreiarv of the corpcration :bar execclted the within instru-
men:. and ~nown to me io be :he person5 who execured the within instrument on behalf of the corDoratlon
:s it: Zy-L?w5 or a Reiciiution of its Eoard of D~rectors.
..-- .;.~rei~ named, and awnowiedged to ne ma! such corporation executed tne within instrument pursuant
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katary Pbblic in and for said Couniy ano' %are
1 ss. STATE OF CALIFORNIA
TITLE INSURANCE AND TRUST
AnCOR CSMPANV
ggon written request by the permittee at least 30 Zeys prior to the ex-
piration of the permit.
Deputy City Clerk
APPROVED AS TO FORM:
SHAPELL INDUSTRIES, INC.
CITY OF' CARLSBAD
R Y
Dated June 2, 1977
t/ I City Attorney
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