Loading...
HomeMy WebLinkAbout1990-10-02; City Council; Resolution 90-357I 1 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 0 0 RESOLUTION NO. 90-357 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT ALONG THE NORTHERLY LINE OF CADENICA STREET GENERALLY BETWEEN PIRAGUA STREET AND BEYOND PERDIZ STREET WHEREAS, a request has been made to install and maintain a fence in the pul of-way, and WHEREAS, the fence will be fronting property described by San Diego Co Assessor’s Parcel Numbers 223-1 90-01 , 223-050-49 and 223-05-51 , and WHEREAS, the fence is to be installed and maintained northwesterly, north northeasterly of the adjacent curb line of Cadencia Street from 100 feet more northeasterly of the centerline of Piragua Street to 214 feet more or less southeastel centerline of Perdiz Street, and WHEREAS, the City Engineer has determined the encroachment will not adversc the public’s ability to use the easement; and WHEREAS, the owners fronting the encroachment have executed Encroa Agreements wherein they covenant and agree with the City of Carlsbad as follows: 1. That above described structure shall be installed and maintained in condition at the sole cost, risk and responsibility of Owners and successors in inters shall hold the City harmless with respect to City owned facilities. 2. Whatever rights and obligations were acquired by the City with respec public right-of-way shall remain and continue in full force and effect and shall in no affected by the City’s grant of permission to construct and maintain the encroal structure. 3. These agreements are made for the direct benefit of Owner’s land described and the covenants and conditions herein continued shall run with said la1 shall be binding on the assigns and successors of Owners. 4. Owners agree to remove structure upon order from the City. NOW, THEREFORE, be it resolved by the City Council of the City of Ca -1 - I I) 1 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 a e California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor and City Clerk are authorized to sign the Encro; Agreements and the City Clerk is authorized to cause the original agreements to be r in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 2nd day of October 1990 by the following vote, to wit: AYES: Council members Lewis, Kulchin, Larson, Mamaux NOES: None Pettine ABSENT: Non ATTEST: LUd ,/ ,Pd ALETHA L. RAUTENKRANZ, city ciJ (SEAL) -2-