HomeMy WebLinkAbout1991-03-19; City Council; Resolution 91-81&
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RESOLUTION NO. 91-81
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA
APPROVING AN ABOVE GROUND ENCROACHMENT AT2802 CARLSBAD
BOULEVARD
WHEREAS, a request has been made to maintain a flower stand in the publ,
of way, and
WHEREAS, the flower stand is adjacent to property described by San
County Tax Assessor’s Parcel Number 203-1 73-01, and
WHEREAS, the flower stand is to be maintained at the north side of the sou
corner of Carlsbad Boulevard and Christiansen Way, and
WHEREAS, the City Engineer has determined the encroachment doe
adversely affect the public’s ability to use the easement; and
WHEREAS, the owners fronting the encroachment have execute
Encroachment Agreement wherein they covenant and agree with the City of Carlst
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 in
who shall hold the City harmless with respect to City owned facilities.
Whatever rights and obligations were acquired by the City with resp
the public right of way shall remain and continue in full force and effect and shall
way be affected by the City’s grant of permission to construct and maintai
encroachment structure.
2.
3. This agreement is made for the direct benefit of owner’s land i
described and the covenants and conditions herein contained shall run with said Ian
shall be binding on the assigns and successors of owners.
4. Owner agrees to remove structure upon order from the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Carl
California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor and City Clerk are authorized to sign an Encroac
Agreement and the City Clerk is authorized to cause the original agreement
recorded in the office of the County Recorder of San Diego County, State of Cali
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbz
Council held on the 19th day of March , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard
NOES: None
ABSENT: None
Stanton
AlTEST: - oe(?F
ALETHA L. RAUTENKRANZ, City Cle
(SEAL)