HomeMy WebLinkAbout1990-10-02; City Council; Resolution 90-357I
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RESOLUTION NO. 90-357
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT ALONG THE NORTHERLY LINE OF
CADENICA STREET GENERALLY BETWEEN PIRAGUA STREET
AND BEYOND PERDIZ STREET
WHEREAS, a request has been made to install and maintain a fence in the pul
of-way, and
WHEREAS, the fence will be fronting property described by San Diego Co
Assessor’s Parcel Numbers 223-1 90-01 , 223-050-49 and 223-05-51 , and
WHEREAS, the fence is to be installed and maintained northwesterly, north
northeasterly of the adjacent curb line of Cadencia Street from 100 feet more
northeasterly of the centerline of Piragua Street to 214 feet more or less southeastel
centerline of Perdiz Street, and
WHEREAS, the City Engineer has determined the encroachment will not adversc
the public’s ability to use the easement; and
WHEREAS, the owners fronting the encroachment have executed Encroa
Agreements wherein they covenant and agree with the City of Carlsbad as follows:
1. That above described structure shall be installed and maintained in
condition at the sole cost, risk and responsibility of Owners and successors in inters
shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with respec
public right-of-way shall remain and continue in full force and effect and shall in no
affected by the City’s grant of permission to construct and maintain the encroal
structure.
3. These agreements are made for the direct benefit of Owner’s land
described and the covenants and conditions herein continued shall run with said la1
shall be binding on the assigns and successors of Owners.
4. Owners agree to remove structure upon order from the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Ca
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California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Clerk are authorized to sign the Encro;
Agreements and the City Clerk is authorized to cause the original agreements to be r
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 2nd day of October 1990 by the following vote, to wit:
AYES: Council members Lewis, Kulchin, Larson, Mamaux
NOES: None
Pettine
ABSENT: Non
ATTEST:
LUd ,/ ,Pd
ALETHA L. RAUTENKRANZ, city ciJ
(SEAL)
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