Loading...
HomeMy WebLinkAbout1991-03-19; City Council; 11063; ABOVE GROUND ENCROACHMENT| CAROLE'S FRESH CUT FLOWERS 2802 CARLSBAD BOULEVARD| PR 4.38rc AB# 11:CGA MTG. 3-19-91 DEPT. ENC. DEPI CAROLE'S FRESH CUT FLOWERS CITY CITY ABOVE GROUND ENCROACHMENT TITLE: 2802 CARLSBAD BOULEVARD - PR 4.38 N ABOVE GROUND ENCROACHMENT CAROLE’S FRESH CUT FLOWERS 2802 CARLSBAD BLVD. I I # ** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m RESOLUTION NO. 9 1 - 8 1 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIP APPROVING AN ABOVE GROUND ENCROACHMENT AT2802 CARLSBAC BOULEVARD WHEREAS, a request has been made to maintain a flower stand in the put of way, and WHEREAS, the flower stand is adjacent to property described by Sal County Tax Assessor’s Parcel Number 203-1 73-01, and WHEREAS, the flower stand is to be maintained at the north side of the sc corner of Carlsbad Boulevard and Christiansen Way, and WHEREAS, the City Engineer has determined the encroachment dc adversely affect the public’s ability to use the easement; and WHEREAS, the owners fronting the encroachment have execu Encroachment Agreement wherein they covenant and agree with the City of Carl follows: 1. That above described structure shall be installed and maintained i condition at the sole cost, risk and responsibility of owners and successors in who shall hold the City harmless with respect to City owned facilities. Whatever rights and obligations were acquired by the City with re the public right of way shall remain and continue in full force and effect and sh way be affected by the City’s grant of permission to construct and main encroachment structure. This agreement is made for the direct benefit of owner’s Ian( described and the covenants and conditions herein contained shall run with said I shall be binding on the assigns and successors of owners. 2. 3. 4. NOW, THEREFORE, be it resolved by the City Council of the City of C Owner agrees to remove structure upon order from the City. California, as follows: 1. That the above recitations are true and correct. 6' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the Mayor and City Clerk are authorized to sign an Encroact Agreement and the City Clerk is authorized to cause the original agreement recorded in the office of the County Recorder of San Diego County, State of Calif PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 19th day of March , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard NOES: None ABSENT: None Stanton ATTEST: dJ?-cxLeRv ALETHA L. RAUTENKRANZ, City Cle (SEAL) P t! .I I I I % 1 e RECORDING R UESTED BY AND WHEN RECORDED MAIL TO: 1 ) City Clerk's Office 1 City of Carlsbad 1 1.200 Elm Avenue 1 Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WA' In accordance with the provisions of Section 11.04.05 the Carlsbad Municipal Code, the undersigned, the owne Carole's Fresh Cut Flowers in the City of Carlsbad, Count San Diego, State of California, in consideration of the c of permission by the City of Carlsbad to install and mair an encroachment structure as described and shown on the attached: Located at 2802 Carlsbad Boulevard (Assessor's Parcel No. for the use and benefit of owner's property, over, and ac public right of way in Christiansen Way covenants and ag with the City of Carlsbad, as follows: The above described structure shall be installed maintained in a safe condition at the sole cost, risk responsibility of Owner and successor in interest, who s hold the City harmless with respect to City owned facilit. Whatever rights and obligations were acquired by City with respect to the public right of way shall remain continue in full force and effect and shall in no wa] affected by the City's grant of permission to construct maintain the encroachment structure. 3) This agreement is made for the direct benefi Owner's land above described and the covenants and condit herein contained shall run with said land shall be bindin the assigns and successors of Owner. 4) Owner agrees to remove structure upon order frorr city. 173-01) 1) 2) ATTEST BY y-ib? ,z 74? -e r Aletha L. Rautenkranz, City Clerk ( City Attorney AGREEMENTS/AG-11.FRM a 0 e 1 I I \ ! i i Li i i r STATE OF CALIFORNIA COUNTY OFSan Diego I ss g Q , before me, the undersigned, a Notary Publlc in and for sald State, PI on February 7, 1991 - Kay F. Christiansen personally known to me or proved to me on the b? subscribed to the within Instrument and acknowledged that executed the same. she WI (Seal) P B oz3zoo g-sz* 25 PS lndtvldual Notarlal Acknowled4ment - d- (u HEDWOOD DECK 6" ABOVE SIDEWALK ----- CHRISTIANSEN WY SCALE e Bu&&&a-- 4 r/2cLyo'f % a Y c *-bo* - z y &he+ lib@ B man dplh+L /&e 2 do9 /t&% d? d-. 0 ! JL e *