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HomeMy WebLinkAbout1977-09-20; City Council; Resolution 52031 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 28 942 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 1 2 3 4 5 6 7 8 9 10 12. 12 13 14 15 16 17 18 19 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 20 21 22 ABSENT : Councilman Frazee ROBERT C. FRAZEE , Mayorb ATTEST: 23 24 25 (SEAL) 26 27 28 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: