HomeMy WebLinkAbout1992-03-03; City Council; Resolution 92-684 I/ 0 0
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RESOLUTION NO. 92-68
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA
APPROVING AN ABOVE GROUND ENCROACHMENT AT 1750 BASSWOOD
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AVENUE and 3350 VALLEY STREET.
WHEREAS, a request has been made to construct and maintain a retaining wall i
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6 WHEREAS, Ms. June Y. Andersen is the owner of the corner lot at 3350 Valley St1
7 (APN 205-080-36) and Mr. Rober A. Spring is the owner of the adjacent lot at 1750 Basswc
8 Avenue, (APN 205-080-37), and
public utility easement, and
9 WHEREAS, the wall will be located along the rear lot line of Mr. Spring’s property :
10 along the common lot line dividing his property from Ms. Andersen’s property, and
l1 II WHEREAS, the portion of the wall along the common lot line is the result of
I.2 // settlement of a lawsuit between Spring and Andersen, and
l3 11 WHEREAS, the Planning Director has agreed to consider the common lot line wh
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divides the two parcels as the rear lot line of Ms. Andersen’s corner lot in order to allow
I1 agreed upon 6 foot wall to be constructed between the two properties, and
16 I1 WHEREAS, the City Engineer has determined the encroachment will not affect the ut 17
18 ll companies’ ability to access the easement, and
19 ! WHEREAS, the owners of the properties requesting the encroachment have execu
20 Encroachment Agreements wherein they covenant and agree with the City of Carlsbad
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(A) The encroachment shall be installed and maintained in a safe 22
follows:
23 I! and sanitary condition at the sole cost, risk, and responsibility
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(B) The Owners shall agree at all times to indemnify and hold the 25
of the owners and their successors in interest.
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City free and harmless from any and all claims, demands,
losses, damages, or expenses resulting from the construction,
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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 Owners must remove or relocate any part of the
6 encroachment within ten (10) days or such other time as
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reasonable cost thereof shall constitute a lien upon the property. 9
or the City Engineer may cause such work to be done and the a
specified in the notice after receipt of it from the City Engineer,
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(D) Whatever rights and obligations were acquired by the City with
respect to the right-of-way and easement shall remain and
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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.
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.
2. That the Encroachment Agreements authorizing June Andersen and Ro
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Spring to construct a retaining wall within the public utility easement] which are on file witt
City Clerk and are incorporated by reference] are approved.
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3. That the Mayor and City Clerk are authorized to sign the Encroachn
Agreements and the City Clerk is authorized to cause the original agreements to be recor
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
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ABSENT: None 8
NOES: None
held on the 3rd day of March , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and N
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I.2 ATTEST:
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16 ALETHA L. RAdNKgN-
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l5 a/Qaz- I-
(SEAL)
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