Loading...
HomeMy WebLinkAbout1977-06-07; City Council; Resolution 51081 2 3 4 5 6 7 e 9 1c 13 12 1: 14 If 1Q 1: 1E l! 2( 2: 2: 2: 21 2! 2t 2' 21 RESOLUTION NO. 51 08 A RESOhUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OWNER OF LOT 140 OF MAP 3371 FOR ENCROACHMENT IN CEREZO DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Robert Daves, the owner of Lot 140 of Map 3371 for encroachment in Cerezo Drive, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of June I 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT: None ROBERT C. FRAZEE, Maor &TTEST : E. ADAMS, ity Clerk (SEAL j RECORD I NG REQUESTED BY AND WHEN RECORDED MA1 City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 w3 : ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF HAY In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Lot 140 of Terramar Unit NO- 5 according to Flap thereof No. 3371 in the City of Carlsbad, County'of San Diego, State of California, in con- sideration of the grant of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the plat attached: assessor'.^ Parcel No. 210-112-07 ) for the cise and benefit of owner's property, over, and across public right of way in Cerezo Drive covenants and agrees with the City of Carlsbad, as follows: a safe condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless with respect to City owned facilities. 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 effected by the City's grant of permission to constrG-,t 2nd maintai? the encroachment structure. 3), This agreement is made for the direct benefit of OvJner's land above describdd and the covenants and conditions herein contained shall run with said land and shall be binding on the assigns and successors of Owner. 4) Prior to construction of the encroachment, a Plan showing the details of the encroachment, means to handle drainaye, and proposed grading work shall be approved by the City Engineer and SuilSing Director and valid right-of-way, grading, and building permits issued. 5) This agreement is revocable by the City on thirty (30) days written notice by the City Enqineer. Should the owner or his successors fail to remove or relocate the installation herein permitted within thirty (30) days after notice of removal or relocation, the City may cause such removal or relocation to be done and the cost thereof shall be a lien upon said land. 1) The above described structure shall be installed and maintained in 2) >AM2 Clerk CARLSBAD BY City Attorney 'W sl n/5-30-75