HomeMy WebLinkAbout1995-08-15; City Council; Resolution 95-2291
2
3
4
5
RESOLUTION NO. 95-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING THE ABOVE GROUND
ENCROACHMENT FOR ALMADEN LANE FROM PAMPLONA WAY
SOUTHERLY ON THE EAST SIDE OF ALMADEN LANE, PR 4.78
WHEREAS, the La Costa Village Homeowners Association has submitted a request to
6
along Almaden Lane, and 7
allow a six-foot high open steel fence to be located within a public street and utility easement
8 WHEREAS, the City Engineer has determined the encroachment will not adversely affect
9 the public's ability to use the easement, and
10 WHEREAS, the owners of the encroachment have executed an Encroachment Agreement 'I. 11 wherein they covenant and agree with the City of Carlsbad as follows:
12
13
14
15
16
17
18
19
20
21
22
23
(A) The encroachment shall be installed and maintained in a safe condition at the sole
cost, risk, and responsibility of the owner and its successors in interest.
(B) The owner shall agree at all times to indemnify and hold the Ctty 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.
(Cy The owner must remove or relocate any part of the encroachment within ten (1 0)
days or such other time as 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.
(DE Whatever rights and obligations were acquired by the City with respect to the
easement shall remain and continue in full force and effect and shall in no way be
affected by City's grant of permission to construct and maintain the encroachment
structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 11 California, as follows:
25 /I 1. That the above recitations are true and correct.
26 11 lit
27 11 111
28 /I/
, .. .
R
1
2
3
4
8 0
2. That the Encroachment Agreement authorizing the La Costa Village Hc
Association to construct and maintain a six-foot high open steel fence within the p
easement along the east side of Almaden Lane from Pamplona Way 600 feet south'
is on file with the City Clerk and is incorporated by reference, is approved.
5 3. That the Mayor and City Clerk are authorized to sign the encroachment i
6
the County Recorder of San Diego County, State of California. 7
and the City Clerk is authorized to cause the original agreement to be recorded in tl
8
9
10
11
12
13
14
15
16
17
18
19
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
5
held on the 15th day of AUGUST , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT None
CLAUDE A. LEWIS, Mayor
20 11 ATTEST:
21
22
23
24
25 ALETHA L. RAUTENKRANZ, City Clerk
26 11 (SEAL)
27
28
2