HomeMy WebLinkAbout1992-06-02; City Council; Resolution 92-150r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.m 0
RESOLUTION NO. 92-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR CT 90-23
WHEREAS, Fieldstone Development Company has submitted a request to construct
a gated entry into the Fairways Subdivision, and
WHEREAS, the gated entry will cross an existing public drainage easement which lies
within Avenida Valera, a private street, and
WHEREAS, the City Engineer has determined that the encroachment will not adversely
affect the City’s ability to access the easement, and
WHEREAS, Fieldstone Development has executed an Encroachment Agreement
wherein it covenants and agrees with the City of Carlsbad as follows:
1. That above described structure shall be installed and maintained in a safe
condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall
hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with respect to the
public right of way shall remain and continue in full force and effect and shall in no way be
affected by the City’s grant of permission to construct and maintain the encroachment
structure.
3. This agreement is made for the direct benefit of Owner’s land above described
and the covenants and conditions herein contained shall run with said land and shall be
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 Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Encroachment Permit, dated January 28, 1992 authorizing Fieldstone
Development to construct, operate and maintain the gated entry which is on file with the City
Clerk and is incorporated by reference, is approved.
ill
~
~
~
I
r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
* 0
3. That the Mayor and City Clerk are authorized to sign the Encroachment
Agreement and the City Clerk is authorized to cause the original agreement to be recorded
in the office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 2nd day of June , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
AlTEST:
ami.& A. R-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)