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HomeMy WebLinkAboutReso 2001-030 IIHl II IIIIII III IIIII IIII II II ooi-oi o? ? 2001-0120797 MAR 02, 2001 5: 05 PM Recording requested by: City of Chula Vista t~l DIErtl ~ I~I]~RI~R'8 ItFIIIE After recording return to: City Clerk's Office Ir~S: City of Chula Vista P. O. Box 1087 Chula Vista, CA 91912 This space for Recorder's use only F% Resolution No. 2001-030 '~' ~ Document Title 6981 RESOLUTION NO. 2001-030 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-495 FOR THE ENCROACHMENT OF A PORTION OF A SINGLE-FAMILY RESIDENCE AT 778 BAYLOR AVENUE OVER A PUBLIC 1 O-FOOT DRAINAGE EASEMENT WHEREAS, Mr. and Mrs. Charles Sundry who reside at 778 Baylor Avenue have recently discovered that the southeasterly comer of their residence was constructed within a 10-foot public drainage easement and partially over a 24 inch reinforced concrete drainage pipe within said easement; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any encroachments within a public drainage easement requires City Council approval utilizing the encroachment permit process; and WHEREAS, granting of said encroachment will not interfere with or obstruct the overriding public use for which the easement has been dedicated. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-495 for encroachment of a portion of a single-family residence at 778 Baylor Avenue over a public i0-foot ckainage easement ~"~';~ ~', th.o~,' ,'ondltiol~s contained within the permit including but not limited to the following: 1. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 2. Permittee shall excavate around the reinfomed concrete storm drainpipe in the vicinity of the encroaching house foundation for a distance of 18 inches on each side of the pipe, down to the bottom of the pipe. The removal shall extend at least four feet along the length of the pipe. The excavation should be backfilled with a two-sack, sand/cement slurry up to 12 inches below grade to the satisfaction of the City Engineer. This will allow for re-excavation of the backfill should it be necessary to expose the storm drainpipe in the future. 3. Encroachment shall, in no way interfere with the maintenance of, or operation of, the existing concrete channel or underground storm drainpipe. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole responsibility of Permittee. 4. If removal of Encroachment is accomplished by City, City shall take reasonable care to prevent damage when removing Encroachment. However, should Encroachment be damaged, as a result of being removed by the City to a location out of the area impacted by equipment and excavations necessary to repair the drainage facility, the City shall not be responsible for the cost to repair said Encroachment. Replacing said Encroachment, if removed by the City or Permittee, shall be the sole responsibility of the Permittee. Resolution 2001-030 Page 2 BE IT FLIRTHER RESOLVED that the City Clerk is hereby directed to record this resolution and permit. Presented by Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 20th day of February, 2001, by the following vote: AYES: Councilmembers: Davis, Padilia, Rindone, Salas and Horton NAYS: C ouncilmembers: None ABSENT: Councilmembers: None Shirley HortOfi, Mayor ATTEST: ~' Su~an Bigelow, City Cler~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO Ci'f¥ OF CHULA VIS'iA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-030 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of February, 2001. Executed this 20th day of February, 2001. Susan Bigelow, City Clerk