HomeMy WebLinkAbout1977-03-15; City Council; Resolution 50111
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A RE 0 UTI
RESOLUTION NO. 5011
N OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF LOT 1
OF MAP 8072 FOR ENCROACHMENT IN EVERGREEN CIRCLE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEmNT
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That that certain agreement between the City of
Zarlsbad and Bruce Bain, the owner of Lot 1 of Map 8072 for
sncroachment in Evergreen Circle, 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
City Council of the City of Carlsbad, California, held on the
15th day of March , 1977 by the following vote, to wit:
AYES :
NOES : None.
Councilmen Frazee, Lewis, Skotnicki, Packard arld Cduncilwomai Cas1 er .
ABSENT: None.
iTTEST :
Ieputy City Clerk
(SEAL)
RECORD I KG REQUESTED BY I &I - A!;;' WHEN RECORDED MAIL
- City Engi neer
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad
Municipal Code, the undersigned, the owner of ce-4 \ 6 3a72_
in the City of Carlsbad, County of San Diego, State of California, in con-
sideration of the grant of permission by the City of Carlsbad to instal1 and
maintain an encroachment structure as described and shown on the plat attached:
for the use and benefit of owner's property, over, and across public right
(Assessor's Parcel No. LOX- OW-m
of way in EX- .- cj_/LcSu.
covenants and agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in a safe condition at the sole cost, risk and respons-ibility of Owner and
successor in interest, who shall hold the City harmless with respect to
City owned facilities.
2) Whatever rights and obligations were acquired by the City with
respect to the public right of way shall remain and continue in full force
and effect and shall in no way be effected by the City's grant of permission
tc mnstruct and mirtsir? the encrczchment strvcture. 3) This agreement is made for The direct benefit of Owner's land abovc
described and the covenants and conditions herein contained shall run with said land and shall be binding on the assigns and successors of Owner.
notice by the City Engineer. Should the owner or his successors fail to remove or relocate the installation herein permitted within thirty (30) days . after notice of removal or relocation, the City may cause such removal or
relocation to be done and the cost thereof shall be a lien upon said land.
4) This agreement is revocable by the City on thirty (30) days written
ATTEST:
Marqaret E. Adams, City Clerk Nora-K. Gardiner, Deputy Cit.y Clerk
City Attorney
sln/5-30-75
I
SKETCH DRAWN BY OWNER.
EXHIBIT A
'.