HomeMy WebLinkAbout1977-09-20; City Council; Resolution 52031
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942
RESOLUTION NO. 5203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE OWNER OF LOT 17 OF
CT 72-24 FOR ENCROACHMENT IN PENDON COURT AND AUTHOR-
IZING 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 Dr. Cherie G. Royce, the owner of Lot 17 of CT 72-24, for en-
croachment in Pendon Court, 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
authorized 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
2Qth day of September , 1977 by the following vote, to wit:
AYES:
NOES:
Councilmen Lewis, Packard, Skotnicki and
CounciIwoman Casler
None
ABSENT:Councilman Frazee
ATTEST:
ROBERT C. FRAZEE, Mayor^
MARGARET E. ADAMST City Clerk
(/
(SEAL)
FILE /PAGE NO..BOOKISH
RECORDED REQUEST OF
OFFICIAL RECORDS
SAN DIEGO COUN7Y.CALIF.
HARLEYF. BLOOM
RECORDER
NO FEE
943
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego
September 23, 1977
I SS.
945
before me, the undersigned, a Notary Public in and for said
Robert C. Frazee
Adams
On
State, personally appeared
known to me to be the ' '**./ " ^ 'i^PeSiefem, and
known to me to be U i t .V L I 6 T K XjX"X-K ty Of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official
Signatun
5k
Name (Typed or Printed)
OFFICIAL SEAL
SHEILA B. TARVIN
Notary Public California
SAN DIEGO COUNTY
My Commission Expires Nov. 24, 197G
(This area for official notarial seal)
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
I, /ALELH1RAU:TENKRA, Q'tyfelri^f the City of Carlsbad, County of San Diego, State of California,
hereby certify that I have compared the foregoing copy with the original ReSOl Ut.i.0.n...52.Qa passed and
adopted by said City Council, at .....regular meeting thereof, at the time and by the vote therein
staAed^hich original .ReS.Q].U.tion is now on file in my office: that the same contains a full, true
Aand correct-traascript therefrom and of the whole thereof.
.«'" Witiieso my hand and the seal of said City of. Carlsbad, this Z?.th. day of ..S£.pt£fflb£lC.,....19.7.7
-^-
Deputy Clerk
RECORDING REQUESTED BY
RECORDED MAJJ. TO:
C I ty Engi neer
City of Carlsbad
1 200 Elm Avenue
Carlsbad, CA 92008
944
ENCROACHMENT AGREEMENT
- FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
•pVTjT'D Trn II T\ II
In accordance with .the provisions of Section 11.04.090 of the Carlsbad
Municipal Code, the undersigned, the owner of Lot 17 of Carlsbad Tract 72-24
according to Map thereof No. 7895
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 attachec
(Assessor's. Parcel No. 216-340^17 i
for the use and benefit of owner's property, over, and across public right
of way in Pendon Court.
covenants and agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in
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.
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 effected by the City's grant of permission
to construct and maintain the encroachment structure.
3) This agreement is made for the direct benefit of Owner's land above
described 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 the owner shall apply for
and secure a valid right-of-way permit.
5) Owner shall be responsible for protection of existing public facili-
ties such as curb, pavement, gutter, sidewalk, etc., adjacent to the retaining
wall, and shall repair and/or replace the same if damaged during construction
of the wall.
6) This agreement is revocable by the City on thirty (30) days written
notice by the City Engineer. 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.
Cherie K. Royce
Mar^aWtJE, Adams\ City Clerk
"0 FORM:
lorfdo,
City Attorney
Vi BT
CARLSBAD
OFFICIAL SEA!,
GEORGIA f. PARIS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGQ COUNTY u
My corr.m. expires 'MR 15, 1GGO
RooertX. Frazee, Mfifyor
County of San Diego *-~'On this 8th day of September,
1977, before me Georgia I, Paris a Notary Public in
and for said County, personally appeared Cherie G.
Royce known to me to be the person whose name is sub-
scribed to the within instrument and acknowledged that
she has executed the same.
J Georgia I. Faris
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FESOLUTION NO. 5203
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbac.
and Dr. Cherie G. Royce, the owner of Lot 17 of CT 72-24, for en-
croachment in Pendon Court, 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
authorized 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
20th day of September , 1977 by the following vote, to wit:
AYES : Councilmen Lewis, Packard, Skotnicki and
NOES : None
Councilwoman Casler
A RESOLUTIOX OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE OWNER OF LOT 17 OF
CT 72-24 FOR ENCROACHMENT IN PENDON COURT AND AUTMOR-
IZING THE MAYOR TO EXECUTE SAID AGREEMENT
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ABSENT : Councilman Frazee
ROBERT C. FRAZEE , Mayorb
ATTEST:
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(SEAL) 26
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AND WHEN RECORDED MAIL TO:
1 0 *r
*City Engineer
City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
ENCROACHMENT AGREEMENT
..-.,FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
EXHJBJT "A" In accordance with .the provisions of Section 11.04.090 of the Carisbad
Municipal Code, the undersigned, the owner of Lot 17 of Carlsbad Tract 72-24 according to Map thereof No. 7895
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 attachec
(Assessor's Parcel No.X6-340-1'1__
for the use,and benefit of owner's property, over, and across public right
of way in Pendon Court.
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 construct and maintain the encroachment structure. lek's land above
1) The above described structure shall be installed and maintained in
2)
TO 449 C ;hail run with
(Corporation) @ of Owner.
} ss. STATE OF CALIFORNIA
COUNTY OF San Diego
State, personally appeared Robert C. Frazee 9
known to me to be the Mayor %Ut, and 2a-w-,
On e p e e 3 1 9 7 7 before me, the undersigned, a Notary Public in and for said
known to me to be known to me to be the persons who executed the within Instrument on hehalf of the corporation therein named. and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors.
c i t Y c 1 eJk-%&&&& of the corporation that executed the within Instrument,
L'"-~~--ala~.us~-="~-~~~"~=~.
0 OFXIAL SEPL t
? SHEILA B. TARVIN I
C Notary Public-California I
a I SAN DIEGO COUNTY
misslon Expires Nov. 24, 197C
hall apply for
' public facili-
to the retaining ng construction
) days written rs fail to irty (30) days removal or n said land.
(This area ior oflicial notarial Wall /"
I . ..
BY
'.-U County of San Diego 7 On this 8th day of September,
1977, before me Geqrgia I. Faris a Notary Public in
and for said County, personally appeared Cherie G.
Royce known to me to be the person whose name is sub-
scribed to the within instrument and acknowledged that
Cenrcrin T Ygrir: