HomeMy WebLinkAbout1991-03-19; City Council; Resolution 91-84r
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RESOLUTION NO. 9 1 - 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 2815 WILSON STREET
WHEREAS, Mr. Roger L. Flaming has submitted a request to allow a I
retaining wall to remain within the public right of way along his property frontage
Wilson Street and
WHEREAS, the City Engineer has determined the encroachment will not a(
affect the public's ability to use the easement; and
WHEREAS, Mr. Roger L. Flaming has executed an Encroachment Ag
wherein he covenants and agrees with the City of Carlsbad as follows:
1. The above described structure shall be installed and maintained ii
condition at the sole cost, risk and responsibility of Owner and successor in interf
shall hold the City harmless with respect to City owned facilities.
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 dc
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 C
California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor and City Clerk are authorized to sign the Encro
Agreement and the City Clerk is authorized to cause the original agreement to be I
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
Council held on the 19th day of March , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
NOES: None
ABSENT: None
ATTEST:
aQesbtc$f-
ALETHA L. RAUTENKEUNZ, City Cldrk
(SEAL)