HomeMy WebLinkAbout1990-08-07; City Council; Resolution 90-267I1 0 e
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RESOLUTION NO. 90-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2540 CHESTNUT AVENUE.
WHEREAS, Mr. Keith Whitehead has submitted a request to allow an exi
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7 at 2540 Chestnut Avenue; and
inch high block wall to remain within the public right of way along his property
8 WHEREAS, the City Engineer has determined the encroachment will not a
9 affect the public's ability to use the easement; and
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WHEREAS, Mr. Keith Whitehead has executed an Encroachment Agreement
12 I/ he covenants and agrees with the City of Carlsbad as follows:
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14 shall hold the City harmless with respect to City owned facilities.
1. The above described structure shall be installed and maintained il
condition at the sole cost, risk and responsibility of Owner and successor in inter€
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2. 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 maint.
encroachment structure.
3. This agreement is made for the direct benefit of Owner's land above de
and the covenants and conditions herein contained shall run with said land and :
binding on the assigns and successors of Owner.
4. Owner agrees to remove structure upon order from the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Cs
23 I1 California, as follows:
24 1. That the above recitations are true and correct.
25 2. That the Encroachment Permit, dated J~Y 9,1990 authorizing Mr. wh
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to maintain the existing 42 inch high block wall within the public right of way ac
to 2540 Chestnut Avenue, which is on file with the City Clerk and is incorpora
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reference, is approved.
3. That the Mayor and City Clerk are authorized to sign an Encro
Agreement and the City Clerk is authorized to cause the original agreement to be
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls
Council held on the 7th day of August, 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin and Mamaux
NOES: None
ABSENT: Coun '
* ATTEST:
4- P4L-a"- ALETHA L. RAUTENKRANZ, City C@rk
(SEAL)