HomeMy WebLinkAbout1993-01-05; City Council; Resolution 93-1-.
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RESOLUTION NO. 93-1
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 3350
VALLEY STREET.
WHEREAS, Ms. June Y. Andersen has submitted a request to allow an existins
fence to remain in the public right of way along her property at 3350 Valley Street; an
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9 Assessor as Parcel Number 205-080-36; and
WHEREAS, the fence is fronting property described by San Diego as Cour
10 WHEREAS, the City Engineer has determined the encroachment will not adverse1
11 the public’s ability to use the easement; and
12 WHEREAS, the owner requesting the encroachment has executed an Encroac
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Agreement wherein she covenants and agrees with the City of Carlsbad as follows:
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1. That the above described structure shall be installed and maintained ir
condition at the sole cost, risk and responsibility of Owners and succet
interest, who shall hold the City harmless with respect to City owned f:
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2. Whatever rights and obligations were acquired by the City with respec
public right of way shall remain and continue in full force and effect ar
in no way be affected by the City’s grant of permission to constri
maintain the encroachment structure.
3. These agreements are made for the direct benefit of Owner’s land
described and the covenants and conditions herein contained shall r
said land and shall be binding on the assigns and successors of Own
21 4. Owner agrees to remove structure upon order from the City.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci
23 // California, as follows:
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1. That the above recitations are true and correct.
2. That the encroachment Agreement, dated November 24, 1992, authori, I/ owner to construct and maintain a 6 foot high wood fence in the street easement al 27 11 property at 3350 Valley Street, which is on file with the City Clerk and is incorpor 28 /I I1
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reference, is approved.
3. That the Mayor and City Clerk are authorized to sign the Encroachment Ag
and the City Clerk is authorized to cause the agreement to be recorded in the offic
County Recorder of San Diego County, State of California.
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6 held on the 5th day of JANUARY , 1993 by the following vote, to wit:
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
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8 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fi
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ABSENT: None 10
NOES: None
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16 AlTEST:
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ALETHA L. RAUTENKRANZ, City Clerk J
(SEAL)
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