HomeMy WebLinkAbout1977-06-07; City Council; Resolution 51081
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RESOLUTION NO. 51 08
A RESOhUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF
LOT 140 OF MAP 3371 FOR ENCROACHMENT IN CEREZO
DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
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 Robert Daves, the owner of Lot 140 of Map 3371 for encroachment
in Cerezo Drive, 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 author-
ized 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
7th day of June I 1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None
Councilwoman Casler
ABSENT: None
ROBERT C. FRAZEE, Maor &TTEST :
E. ADAMS, ity Clerk
(SEAL j
RECORD I NG REQUESTED BY
AND WHEN RECORDED MA1
City Engineer
City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
w3 :
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF HAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Lot 140 of Terramar Unit NO- 5 according to Flap thereof No. 3371
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 install and
maintain an encroachment structure as described and shown on the plat attached: assessor'.^ Parcel No. 210-112-07 )
for the cise and benefit of owner's property, over, and across public right of way in Cerezo Drive
covenants and agrees with the City of Carlsbad, as follows:
a safe condition at the sole cost, risk and responsibility of Owner and
successor in interest, who shall hold the City harmless with respect to
City owned facilities.
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 to constrG-,t 2nd maintai? the encroachment structure. 3), This agreement is made for the direct benefit of OvJner's land above
describdd 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 showing the details
of the encroachment, means to handle drainaye, and proposed grading work shall
be approved by the City Engineer and SuilSing Director and valid right-of-way, grading, and building permits issued.
5) This agreement is revocable by the City on thirty (30) days written
notice by the City Enqineer. 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.
1) The above described structure shall be installed and maintained in
2)
>AM2 Clerk CARLSBAD
BY
City Attorney 'W
sl n/5-30-75