HomeMy WebLinkAbout1991-10-15; City Council; Resolution 91-338c -? c
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RESOLUTION NO. 9 1 - 33 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 6800 AVIARA DRIVE.
WHEREAS, a request has been made to construct a guard station within a ge
utility and access easement at the entrance to Aviara Drive (private street) from Blackrail F
and
WHEREAS, the general utility and access easement was dedicated to the Ci
Carlsbad per City of Carlsbad Tract 85-35 Aviara Phase I Unit D according to Map therea
1241 2 filed in the office of the County Recorder of San Diego County on June 29, 1989
per Parcel Map No. 16451 filed in the office of the County Recorder of San Diego Cou
April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California, anc
WHEREAS, the City Engineer has determined that the encroachment will not advf
affect the public’s ability to use the easement, and
WHEREAS the owners of the Encroachment have executed an Encroach
Agreement wherein they covenant and agree with the City of Carlsbad as follows:
(A) The encroachment shall be installed and maintained in a safe
and sanitary condition at the sole cost, risk, and responsibility
of the owner and its successors in interest.
The Owner shall agree at all times to indemnify and hold the I (B)
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City free and harmless from any and all claims, demands,
losses, damages, or expenses resulting from the construction,
maintenance, use, repair or removal of the structure installed
hereunder, including any loss, damage, or expense arising out
of (1) loss or damages to property and (2) injury to or death of
persons.
(C) The Owner must remove or relocate any part of the
encroachment within ten (10) days or such other time as
specified in the notice after receipt of it from the City Engineer,
or the City Engineer may cause such work to be done and the
reasonable cost thereof shall constitute a lien upon the property.
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(D) Whatever rights and obligations were acquired by the City with
respect to the easement shall remain and continue in full force
and effect and shall in no way be affected by City’s grant of
permission to construct and maintain the encroachment
structure.
Prior to installation of the encroachment, the Owner shall
process a construction revision to Improvement Plan Drawing
NO. 295-1, Sheet 4 of 15 incorporating protective measures to
prevent damage to the existing sewer line to the satisfaction of
the City Engineer.
(E)
(F) Prior to installation of the encroachment, the Owner shall
provide the City Engineer proof that the Carlsbad Municipal
Water District has approved building plans for the construction
of the encroachment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls
California as follows:
1.
2.
That the above recitations are true and correct.
That the Encroachment Agreement authorizing Aviara Land Associate
construct a guard station within the general utility and access easement, which is on file
the City Clerk and is incorporated by reference, is approved.
3. That the Mayor and City Clerk are authorized to sign the Encroachr
Agreement and the City Clerk is authorized to cause the original agreement to be recoi
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 COL
held on the 15th day of October, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Larson and Stanton
NOES: NOne
ABSENT: Council M
ATTEST:
&%Z&%?R- ALETHA L. RAUTENKWNZ, City Clerk
(SEAL)