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HomeMy WebLinkAbout1991-01-22; City Council; Resolution 91-27A t 1 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 e 0 RESOLUTION NO. 91-27 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT FOR 3450 JAMES DRIVE. WHEREAS, Mr. Steven P. Cade has made a request to maintain flat rows of work and a brick mail box in the public right of way, and WHEREAS, the brickwork and mailbox are located at property described b Diego County Tax Assessor’s Parcel Number 205-1 30-70, and WHEREAS, the brickwork is to be maintained along the sidewalk at the wt end of the driveway for a length of 27’ and southeasterly 4 1/2’ along the sides driveway, and the mailbox is to be maintained at the southwest end of the drivewa) WHEREAS, the City Engineer has determined the encroachment will not adv( affect the public’s ability to use the easement; and WHEREAS, the owners fronting the encroachment have executec Encroachment Agreement wherein they covenant and agree with the City of Carlsb follows: 1. That above described structure shall be installed and maintained in i condition at the sole cost, risk and responsibility of Owner and successors in int who shall hold the City harmless with respect to City owned facilities. 2. Whatever rights and obligations were acquired by the City with resp the public right of way shall remain and continue in full force and effect and shall way be affected by the City’s grant of permission to construct and maintai encroachment structure. described and the (covenants and conditions herein contained shall run with said Ian1 3. This agreement is made for the direct benefit of Owner’s land i shall be binding on the assigns and successors of Owners. 4. Owner agrees to remove structure upon order from the City. NOW, THEREFORE, be it resolved by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. IN J t 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 2. That the Mayor and City Clerk are authorized to sign an Encroacl Agreement and the City Clerk is authorized to cause the original agreement recorded in the office of the County Recorder of San Diego County, State of Calif PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 22 day of January, 1998 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanto NOES: None ABSENT: None Nygaard ATTEST;