HomeMy WebLinkAbout1991-06-04; City Council; Resolution 91-158n
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RESOLUTION NO. 9 1 - 15 8
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENTACROSS ASEWER EASEMENT AT2225
SARA WAY.
WHEREAS, a request has been made to install and maintain a fence ac
sewer easement, and
WHEREAS, the fence will be installed and maintained along the north prop<
extending 13’ into the sewer easement, and
WHEREAS, the City Engineer has determined the encroachment will not ad
affect the City’s ability to access the easement, and
WHEREAS, the property owner proposing the encroachment has exec1
Encroachment Agreement wherein she covenants and agrees with the City of C<
as follows:
1. That above described structure shall be installed and maintained ir
condition at the sole cost, risk and responsibility of owners and successors in i
who shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with res
the public right of way shall remain and continue in full force and effect and shz
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
described and the covenants and conditions herein contained shall run with said I:
shall be binding on the assigns and successors of owners.
4.
NOW, THEREFORE, be it resolved by the City Council of the City of Ci
Owner agrees to remove structure upon order from the City.
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Mayor and City Clerk are authorized to sign an EncroE
Agreement and the City Clerk is authorized to cause the original agreemer
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recorded in the office of the County Recorder of San Diego County, State of Cali1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the 4th day of June , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Nyga;
NOES: None
ABSENT: Council Me
ATTEST:
(SEAL)