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HomeMy WebLinkAbout1991-03-19; City Council; Resolution 91-81& i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 91-81 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT AT2802 CARLSBAD BOULEVARD WHEREAS, a request has been made to maintain a flower stand in the publ, of way, and WHEREAS, the flower stand is adjacent to property described by San County Tax Assessor’s Parcel Number 203-1 73-01, and WHEREAS, the flower stand is to be maintained at the north side of the sou corner of Carlsbad Boulevard and Christiansen Way, and WHEREAS, the City Engineer has determined the encroachment doe adversely affect the public’s ability to use the easement; and WHEREAS, the owners fronting the encroachment have execute Encroachment Agreement wherein they covenant and agree with the City of Carlst 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 in who shall hold the City harmless with respect to City owned facilities. 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. 2. 3. This agreement is made for the direct benefit of owner’s land i described and the covenants and conditions herein contained shall run with said Ian 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. - i 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 2. That the Mayor and City Clerk are authorized to sign an Encroac 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 Cali PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbz Council held on the 19th day of March , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard NOES: None ABSENT: None Stanton AlTEST: - oe(?F ALETHA L. RAUTENKRANZ, City Cle (SEAL)