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
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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.
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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
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STATE OF CALIFORNIA
COUNTY OFSan Diego I ss g
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, 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
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(Seal) P B
oz3zoo g-sz* 25 PS lndtvldual Notarlal Acknowled4ment
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