HomeMy WebLinkAbout1992-03-17; City Council; Resolution 92-842.
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RESOLUTION NO. 92-84
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 3350 RIDGECREST DRIVE 3
4 WHEREAS, a request has been made to maintain an existing retaining wall withit
5 I! public drainage easement and a public utility easement, and
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7 San Diego Tax Assessor’s Parcel Number 167-051 -1 1, and
WHEREAS, the retaining wall borders the rear property line of property described
8 WHEREAS, the retaining wall is to be maintained for a distance of 150 feet along
9 rear property line and for a distance of approximately 10 feet along the southerly side lot .
10 of said property, and
11 WHEREAS, an Administrative Variance has been granted subject to the approval of
l2 11 encroachment permit allowing the wall to exceed the six foot height limit, and
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WHEREAS, a safety railing along the top of the wall shall be required as a condi
of this encroachment permit, and
WHEREAS, the City Engineer has determined that the encroachment will not adver!
17 /I affect the utility companies’ or the City’s ability to access the easements, and
18 I1 WHEREAS, the owners requesting the encroachment have executed an Encroachrr
19 11 Agreement wherein they covenant and agree with the City of Carlsbad as follows:
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A. The encroachment shall be installed and maintained in a safe
sanitary condition at the sole cost, risk and responsibility of the oi
and its successors in interest.
B. The Owner shall agree at all times to indemnify and hold the City
and harmless from any and all claims, demands, losses, damage:
expenses resulting from the construction, maintenance, use, repa
removal of the structure installed hereunder, including any I
damage, or expense arising out of (1) loss or damages to property
(2) injury to or death of persons.
C. The Owner must remove or relocate any part of the encroach1
within ten (10) days or such other time as specified in the notice
receipt of it from the City Engineer, or the City Engineer may Ci
such work to be done and the reasonable cost thereof shall cons1
a lien upon the property.
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D. Whatever rights and obligations were acquired by the City with resF
to the street easement shall remain and continue in full force and ef
and shall in no way be affected by City's grant of permissior
construct and maintain the encroachment structure.
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California, as follows: 4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst
5 11 1. That the above recitations are true and correct.
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2. That the Encroachment Agreement authorizing the owners to maintair
retaining wall within the public utility easement and drainage easements, wt
are on file with the City Clerk and are incorporated by reference, are approv
10 /I 3. That the Mayor and City Clerk are authorized to sign the Encroachm
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Agreement and the City Clerk is authorized to cause the original agreem
to be recorded in the office of the County Recorder of San Diego County, SI
of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
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AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg 16
held on the 17th day of March , 1992 by the following vote, to wit:
17 11 NOES: None
l8 I1 ABSENT: None
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ATTEST:
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25 A,$AFEL~~N?GG~~
26 (SEAL)
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