HomeMy WebLinkAbout1977-09-06; City Council; Resolution 51891
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RESOLUTION NO. 5189
LOTS
SAID
CARLSBAD, CALIFORNIA, APPROVING AM AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF 26 TO 33 OF MAP 8506 FOR ENCROACHMENT IN SOCORRO LANE AND AUTHO!RIZING THE MAYOR TO EXECUTE AGREEMENT.
Th City Council of the City of Carlsbad, California, doe 4
iereby resoll ve as follows:
That certain agreement between the City of Carlsbad and l- I
f Lots 26 to 33 of Map No. 8506 for encroachment in
e, a copy of which is attached hereto marked Exhibit A
ind incorp rated 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 I
:ity of Cadlsbad.
PA SED, APPROVED, AND ADOPTED at a regular meeting of the 7
:ity Councjl of the City of Carlsbad, California, held on the
6th daylof September , 1977 by the following vote, to wit:
AY S: Councilmen Frazee, Lewis, Packard, Skotnicki and
NJS: None Councilwoman Casler
ABdENT: None
\TTEST:
RECORDING REQUESTED AND WHEN RECORDED
City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, California
ENCROACHMENT AGREEMENT BUILT OVER PUBLIC RIGHT-OF-WAY
of Section 11.04.090 of the Carlsbad Municipal Code, to 33 of Map 8506 filed .in the Office of the County
of permission by the City of Carlsbad to install described and shown on the plat attached for the and across public right-of-way in
of Carlsbad, County of San Diego, State of
E'Y MAILQ):
92008
Soccorro Lane
covenants and agrees wit4 the City of Carlsbad, as follows:
1) The above structure shall be installed and maintained in a safe condition at the sole cost, the City harmless facilities. of Owner and successor in interest, who shall hold
2) Whatever rights and obligations were acquired by the City with respect to the public right-of-way shal remain and continue in full force and effect and shall in.no way be affected by the City' grant of permission to co&truct and maintain the encroachment structure.
3) This agreement s made for the direct benefit of Owner's land aboveLdescribed and the covenants and condit ons herein contained shall run with said land and shall be binding
on the assigns and succe sors of Owner. i
4) Prior to const ction of the encroachment, a plan showing the details of the encroachment, means to h ndle drainage, and required facilities for fire and emergency shall
be submitted and approve by the City Engineer and Fire Marshall.
10 foot gate in the prop sed fence for courtyard access from Soccorro Lane, adequate interior clearance for emergency
The plan shall include a
ccess, and a dry waterline pipe designed to meet the fire flow
requirements. ;i
5) A bond, base
6) No construc
removed or an all-we
however, in the la the encroachment i
7) This agre
from the date of s the permittee at 1
100% of the engineer's estimate for the removal of the encroachment
placement of combustible materials on the proposed lots fronting butary streets shall be permitted until the encroachment is ccess approved by the City Engineer and Fire Marshall is provided; occupancy of structures on the lots shall be permitted until
material, shall be PO rior to construction.
' on Soccorro Lane or
1 remain in full force and effect foraperiod of 18 months
It may be extended by City Council upon written request by s prior to the expiration of the permit.
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8) This agreement is revocable by the City on thirty (30) days written notice by the City Engineer. installation herein permit ed within thirty (30) days after notice of removal or relocation, the City may cause such re oval or relocation to be done and the surety executing the bond for removal shall be firm1 bound under a continuing obligation for the payment of all necessary costs and expenses i that may be incurred or expended by the City in causing such work to be done.
Should the owner or his successors fail to remove or relocate the
Kaiser-Aetna, a Gal iforna General Partnership
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CITY OF CARLSBAD
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120.00'
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RICK ENGINEER S620 FRIARS ROAD SaN DIEGO,(3iLIFOR