HomeMy WebLinkAbout1993-02-02; City Council; Resolution 93-20/I 0 0
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RESOLUTION NO. 9 3 - 2 0
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT AT THE SOUTHWEST CORNER OF
TAMARACK AVENUE AND CHATHAM DRIVE.
WHEREAS, The Villas of Calavera Hills Homeowners Association has subn
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9 as Parcel Number 167-480-1 7; and
request to allow an existing 37 inch split rail fence in the public right of way; and
WHEREAS, the fence is fronting property described by San Diego County Tax A
10 WHEREAS, the City Engineer has determined the encroachment will not adverse
11 the public’s ability to use the easement; and
12 WHEREAS, the homeowners association requesting the encroachment have e>
l3 an Encroachment Agreement wherein they covenant and agree with the City of Carls
l4 follows:
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1. That the above described structure shall be installed and maintained ir
condition at the sole cost, risk and responsibility of Owners and succe:
interest, who shall hold the City harmless with respect to City owned fi
2. Whatever rights and obligations were acquired by the City with respecl
public right of way shall remain and continue in full force and effect ar
in no way be affected by the City’s grant of permission to constru
maintain the encroachment structure.
3. These agreements are made for the direct benefit of Owner’s land
described and the covenants and conditions herein contained shall rI
said land and shall be binding on the assigns and successors of Ownc
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4. Owner agrees to remove structure upon order from the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
24 I/ California, as follows:
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1. That the above recitations are true and correct.
2. That the encroachment Agreement, dated January 5, 1993, authorizi
28 owner to maintain an existing 37” split rail fence in the right of way at the southwest co
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Tamarack Avenue and Chatham Drive, which is on file with the City Clerk and is incol
by reference, is approved.
3. That the Mayor and City Clerk are authorized to sign the Encroi
Agreement and the City Clerk is authorized to cause the agreement to be recorde
office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 2nd day of FEBRUARY , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard,
NOES: None
ABSENT: None
ATTEST:
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NZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk