HomeMy WebLinkAbout1991-12-17; City Council; Resolution 91-402>
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RESOLUTION NO. 91-402
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AM ABOVE GROUND
ENCROACHMENT AT 2735 CAZADERO STREET
WHEREAS, a request has been made to install and maintain two 42 retainit
and to use colored stamped concrete in the driveway approach in the public right of H
WHEREAS, the retaining walls and driveway will be a part of property describec
Diego County Tax Assessor as parcel number 21 5-400-1 0, and
WHEREAS, the retaining walls and driveway will be installed and maintained a
north property line at 2735 Cazadero Street, and
WHEREAS, the City Engineer has determined that the encroachment will not ac
affect the public’s ability to use the easement, and
WHEREAS, the owners of the property have executed an Encroachment Agr
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
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.
(6)
(C) The Owner must remove or relocate any part of the
encroachment within ten (IO) days or such other time as
specified in the notice after receipt of it from the City Engineer,
. -- .
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or the City Engineer may cause such work to be done and the
reasonable cost thereof shall constitute a lien upon the property.
Whatever rights and obligations were acquired by the City with
respect to the right-of-way and 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.
(D)
NOW, THEREFORE, be it resolved by the City Council of the City of Ca
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Mayor and City Clerk are authorized to sign the Encroac
Agreement and the City Clerk is authorized to cause the original agreement to be rec
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 C
held on the 17th day of December I991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None
ATTEST:
a& 1 ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)