HomeMy WebLinkAbout1992-01-21; City Council; Resolution 92-19d II w - 1
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RESOLUTION NO. 92-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 5430 CARLSBAD BOULEVARD.
WHEREAS, a request has been made to install and maintain a non-standard driven
in the public street easement, and
WHEREAS, the driveway fronts the westerly line of property described as Lot 121
Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of Califorr
according to Map thereof No. 3312, filed in the Office of the County Recorder of San Die
County, October 14,7955, and
WHEREAS, the City Engineer has determined that the driveway will present no unusl
risk to the public in the right of way, and
WHEREAS, the owners of the encroachment have executed an Encroachmc
Agreement wherein they covenant and agree with the City of Carlsbad as follows:
A. The encroachment shall be installed and maintained in a safe a
sanitary condition at the sole cost, risk and responsibility of the owr
and its successor in interest.
B. The Owner shall agree at all times to indemnify and hold the City fr
and harmless from any and all claims, demands, losses, damages,
expenses resulting from the construction, maintenance, use, repair
removal of the structure installed hereunder, including any lo:
damage, or expense arising out of (1) loss or damages to property a
(2) injury to or death of persons.
C. The Owner must remove or relocate at owners sole cost any part of ti
encroachment within ten (IO) days or such other time as specified
the notice after receipt of it from the City Engineer, or the City Enginc
may cause such work to be done and the reasonable cost thereof sh
constitute a lien upon the property.
D. Whatever rights and obligations were acquired by the City with respc
to the street easement shall remain and continue in full force and effc
and shall in no way be affected by City’s grant of permission
construct and maintain the encroachment structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbc
California, as follows:
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I II ’* That the above recitations are true and correct.
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2 /I 2. That the Encroachment Agreement authorizing Ray Escano to construct i
3 /I maintain the driveway in the street easement, which is on file with the City Clerk anc
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5 3. That the Mayor and City Clerk are authorized to sign the Encroachm
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in the office of the County Recorder of San Diego County, State of California. 7
Agreement and the City Clerk is authorized to cause the original agreement to be recon
incorporated by reference, is approved.
a PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
9 held on the 2lst day of Jamar~ , 1992 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Larson, Stanton and NJ
NOES: None
ABSENT: None
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16 ATTEST:
[y / /f.p ,i ’ /, rp
’ ,i , .., /&A’, -, +L j&?g&? .,
CLAUDE A. LE\ivIS, Mayor
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I’ I AM&&&, City Clerk 2o (SEAL) KAREN R. KUNDTZ, Assistant City Clerk I1 21
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