HomeMy WebLinkAbout1991-07-09; City Council; Resolution 91-2041
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RESOLUTION NO. 91-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA APPROVING AN APPLICATION FOR AN ABOVE GROUND
ENCROACHMENT AT 2623 ABEDUL STREET
WHEREAS, Mr. John G. Vincent has submitted a request to allow a fer
remain within the public right-of-way along his property frontage at 2623 Abedul !
and
WHEREAS, the City Engineer has determined the encroachment will not adv
affect the City’s ability to use the easement, and
WHEREAS, the applicant has executed an Encroachment Agreement when
covenants and agrees with the City of Carlsbad as follows:
The structure shall be installed and maintained in a safe condition i
sole cost, risk and responsibility of owners and successors in interest, who shall ho
1.
City harmless with respect to City owned facilities,
2. 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 maintair
encroachment structure.
3. This agreement is made for the direct benefit of owner’s land a
described and the covenants and conditions herein contained shall run with said lanc
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 Carls
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 the Enctoacb
Agreement and the City Clerk is authorized to cause the original agreement 1
recorded in the office of the County Recorder of San Diego County, State of Calif(
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
Council held on the 9th day of July , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard a
St ant on
NOES: None
ABSENT: None
A'ITEST:
dlctk4L 2. R,*
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)