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Home My WebLink AboutReso 1972-6478WiIEi? RECORDED., PLEASE RE^l URN TO• ~J~'7 _. 7 Jennie M. Fulasz, City Cler' RESOLUTION NG. 6478 P. O. Box 1087 Chula Vista, California 92012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING I3NCROACIIMENT PERMIT NO. 72-12 FOR 288 "F" STI=.IET, AND APPROVING AN ENCROACI3MENT MAINTENANCE AND REMOVAL AGREEMENT THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: 1nII-iEREAS , the Director of Public Works has recommended that approval be granted by the City of Chula Vista to Roel Con- struction Co., Inc., contractor for the Community Tower at 288 "F" Street, for an encroachment permit to erect an overhead pro- tection canopy in the alley between Center and "F" Streets and a pedestrian walkway on "F" Street for_ a period of eleven mont'~s. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Director of PUblic Works be, and he is hereby authorized to approve said encroachment permit on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the Encroachment Maintenance and Removal Agreement, attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved and the Mayor of the City of Chula Vista is authorized to sign the same. Presented by Approved as to form by . -" ~~ ~; ~ ~_ ,. -. ,, = (s) Lane F. Cole Lane F. Cole, Director of George D. Lindberg, City Attorney Public Works ADOPTED AND P.PPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of June , 1972, by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hyde NAYES : Councilmen None ABSENT: Councilmen Hobel, Hamilton ATTEST (s) Jennie M. Fulasz City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CHUT.n VISTA ) (s) Will T. Hyde Mayor of the City of Chula Vista Pro Tempore I , Jennie M. Fulasz , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct cop}T of Resolution X10. 6478 , and that the same has not been amended or repealed. DATED June 22, 1972 t ~. ., _ c c- ,~.~ City Clerk ~. ~~~ ~~~ . 15~~ 5. Said Encroachment Maintenance and Removal Agreement for buildings or structures built over or upon the public rights of way shall be recorded in the Office of the County Recorder of San Diego County, and shall constitute an obligation and burden upon said property provided, however, that said agreement encom- passing encroachments authorized by the Director of Public Works pursuant to Section 27.303 of the Chula Vista City Code need not be recorded. IN WITNESS WHEREOF, the parties hereto have executed ••. this agreement the day and year set forth hereinabove. CITY OF CHULA VISTA ROEL CONSTRUCTION COMPANY, ING. Mayor of~;~he City o hula Vista Pro Tempore ATTEST ~,~ >1 ~1.L4, ~a?~,=~{~ ~~`; COMMUNITY CONGREGATIONAL DEVELOP- -'~ City Clerk ~ MENT CORPORATION Approved as to form by City A orney 1}~~~ -~ FILE/PAS` 4D.__~,~. BOOK 1972 RECORDED R)EOUEST OF ~'~~~. ~-~ l.'..~~:~tTV CLEiK ,~~ 5~ i i~25~aM ~rz OFFICIAL Rc COR05 SAN DIEGO COUNTY. CALIF. HARLEY F.BLOOM RECORDER Np FEE ~~> ~ ~ ~ RESOLUTION N0, 6478 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ENCROACHMENT PERMIT NO. 72-12 FOR 288 "F" STREET, AND APPROVING AN ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Director of Public Works has recommended that approval be granted by the City of Chula Vista to Roel Con- struction Co., Inc., contractor for the Community Tower at 288 "F" Street, for an encroachment permit to erect an overhead pro- tection canopy in the alley between Center and "F" Streets and a pedestrian walkway on "F" Street for a period of eleven months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Director of Public Works be, and he is hereby authorized to approve said encroachment permit on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the Encroachment Maintenance and Removal Agreement, attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved and the Mayor of the City of Chula Vista is authorized to sign the same. Presented by Approved as to form by ~~ ~ // Lane F. Cole, Director f George Lindberg, City Atto ey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20t~ day of June , 1972, by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hyde NAYES : Councilmen None ABSENT: Councilmen Hobel, Hamilton ,- _ _ Mayor of the City of C la Vista ATTEST _~~~ ~Z z ~, ~,~"} L,y~c,~ ~ ~ -, Pro Tempore ~ City Clerk ,~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk 1588 ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT FOR ROEL CONSTRUCTION COMPANY, INC., FOR PRO- TECTION CANOPY AT 288 "F" STREET, CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 20th day of June , 1972, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ROEL CONSTRUCTION COMPANY, INC., hereinafter called "Contractor", and COMMUNITY CONGREGATIONAL DEVELOPMENT CORPORATION, 276 "F" Street, Chula Vista, California, hereinafter called "Property Owner"; W I T N E S S E T H WHEREAS, Roel Construction Company, Inc., has applied for an encroachment permit to erect an overhead protection canopy in the alley between Center and "F" Streets and a pedestrian walkway on "F" Street for a period of eleven months, and WHEREAS, it is desired that an Encroachment Maintenance and Removal Agreement be executed in conformance with Section 27.304 of the Chula Vista City Code. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Roel Construction Company, Inc. is hereby, pursuant to Encroachment Permit No. 72-12, allowed to construct the following overhead protection canopy: The overhead protection canopy is approximately 105 feet in length, 18-1/2 feet in width and will have a vertical clearance of 14-1/2 feet. It will have three 100 watt lights and safety red reflector buttons on each post. The pedestrian walkway will be 4 feet wide, approximately 120 feet in length, 8 feet high and will have board flooring. It will be set on the travelway on "F" Street with the outer edge 9 feet from face of curb, which leaves a 15' clear traffic lane eastbound. 40-watt red lights spaced 4 feet apart will be placed on the street side at the top of the walkway. The canopy and pedestrian walkway are required by the State Division of Industrial Safety and the Federal Occupational Safety and Health Act. 2. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and re- sponsibility of the contractor and owner and successor in interest, who shall hold the City harmless with respect thereto. 3. The agreement is made for thy direct benefit of the contractor and property owner's land. 4. The encroachment shall be abandoned, removed or relocated by the contractor and/or property owner upon demand in writing by the Director of Public Works. The contractor and/or property owner must remove or relocate said encroachment within thirty (30) days after such notice or within such longer period as may be provided specifically with said agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relocation. If the contractor and/or owner fails to remove or relocate the encroachment within the period allotted, the Director of Public Works may cause such work to be done and the cost thereof shall be imposed as a lien upon the property as provided in Section 27.209 of the Chula Vista City Code, relating to removal of unauthorized obstructions in the public rights-of-way. „ , ~~~~