HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-2481
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RESOLUTION NO. 92-248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN ABOVE GROUND
ENCROACHMENT AT 4086 SUNNYHILL DRIVE, (PR 4.60)
WHEREAS, a request has been made to construct and maintain a fence in the public
right-of-way at 4086 Sunnyhill Drive; and
WHEREAS, the fence will be built in the front yard of property described by San Diego
County Tax Assessor as Parcel Number 207-072-07; and
WHEREAS, the City Engineer has determined the encroachment will not adversely affect
the public’s ability to use the easement; and
WHEREAS, the owners are aware that the fence may have to be removed or relocated
at some time in the future when the street is improved; and
WHEREAS, the owners requesting the encroachment have executed an Encroachment
Agreement wherein they covenant and agree with the City of Carlsbad as follows:
1. That the above described structure shall be installed and maintained in a safe
condition at the sole cost, risk and responsibility of owners and successors in interest, who
shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with respect to the
public right-of-way shall remain and continue in full force and effect and shall in no way be
affected by the City’s grant of permission to construct and maintain the encroachment
structure.
3. These agreements are made for the direct benefit of owner’s land above
described and the covenants and conditions herein continued shall run with said land and
shall be binding on the assigns and successors of owners.
4. Owners agree to remove structure upon order from the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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I California, as follows:
2 1. That the above recitations are true and correct.
3 11 2. That the Encroachment Agreement, dated July 6, 1992, authorizing the owners
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to construct and maintain a 30 inch high split-rail fence with 18 inch square brick columns in
the street easement in front of their property at 4086 Sunnyhill Drive, which is on file with the
City Clerk and is incorporated by reference, is approved.
3. That the Mayor and City Clerk are authorized to sign the Encroachment
Agreement and the City Clerk is authorized to cause the original agreement to be recorded
in the office of the County Recorder of San Diego County, State of California.
11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
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AYES: Council Members Lewis, Kulchin, Stanton, Nygaard 13
held on the 4thday of August , 1992 by the following vote, to wit:
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NOES: None
ABSENT: Council Member Larson
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ATTEST:
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23 ALETHA L. RAUTEN (SEAL)
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2%
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