HomeMy WebLinkAbout1992-03-03; City Council; Resolution 92-634 m W
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RESOLUTION NO. 92-63
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT AT 4403 HIGHLAND DRIVE.
WHEREAS, a request has been made to place 5’ of asphalt pavement adjacent to
existing edge of pavement in the street easement; and,
WHEREAS, the pavement will be fronting property described by San Diego County’
Assessor as Parcel Number 206-180-49; and,
WHEREAS, the additional 5’ of asphalt pavement will be used for parking purpos
and,
WHEREAS, the City Engineer has determined the encroachment will not advers
affect the public’s ability to use the easement; and,
WHEREAS, the owners of the property fronting the encroachment have executed
Encroachment Agreement wherein they covenant and agree with the City of Carlsbad
follows:
(A) The encroachment shall be installed and maintained in a safe
and sanitary condition at the sole cost, risk, and responsibility
of the owners and their successors in interest.
(B) The Owners shall agree at all times to indemnify and hold the
City free and harmless from any and all claims, demands,
losses, damages, or expenses resulting from the construction,
maintenance, use, repair or removal of the structure installed
hereunder, including any loss, damage, or expense arising out
of (1) loss or damages to property and (2) injury to or death of
persons.
(C) The Owners must remove or relocate any part of the
encroachment within ten (10) days or such other time as
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specified in the notice after receipt of it from the City Engineer,
or the City Engineer may cause such work to be done and the
reasonable cost thereof shall constitute a lien upon the property.
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4 II (D) Whatever rights and obligations were acquired by the City with
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respect to the right-of-way and easement shall remain and
continue in full force and effect and shall in no way be affected
7 by City's grant of permission to construct and maintain the
8 encroachment structure.
9 NOW, THEREFORE, be it resolved by the City Council of the City of Carlst:
10 California, as follows:
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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 Encroacl-
Agreement and the City Clerk is authorized to cause the original agreement to be rec 1
2 // in the office of the County Recorder of San Diego County, State of California. 3
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
5 Council held on the 3rd day of MARCH , 1992 by the following vote, to wit:
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7 AYES: Council Members Lewis, Kulchin, Larson, and Nygaard
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NOES: None
ABSENT: None
ABSTAIN: Council Member Stanton
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ALETHA AI23LL4P- L. RAUTENKRANZ, city clerll 22
I ATTEST: 21
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(SEAL)
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