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Home My WebLink AboutReso 1964-3467~~ V~/hen rECOrd,gd please return to: ' ~ ~ ~ Kenneth P« Campbel I, City Clerk P.O. 13ox 547 Chvla Vista, Calif. RESOLUTION NO. 3467 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ENCRQACHMENT ~ '~~`V' PERMIT TfJ ELMER C. ZIMMERMAN The Gity Council of the City of Chula Vista does hereby resolve as follows: 1. That certain encroachment permit to be issued to ELMER C. ZTMM>3RMAN, 29 Palomar Street, Chula Vista, California, a true copy of which is attached hereto and incorporated herein by this reference thereto, is: hereby approved and ratified and the City .Engineer is authorised to issue same. X62648 FJ _ AGE NO ~~~lt ~Qu I~ ~~~~~ SEP ~ 164 AY :~,,~.MINUTES PASL_......~, SERIES 5 BOOK 19 4 OFFICIAL RECORDS ,BAN DIEGO COUNTY, CALIFORNIA ~, S. GRAY, COUNTX RECORDER ~0 ~~~ • i r 'i' 4 CO~ -' 3Y~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4thday of August 19~, by the following vote, to-wit: AYES: COUNCILMEN McCorquodale, Anderson, McMains, McAllister, Sparling NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the Ci of Chula Vista ~J ATTEST `~~ ~.._ ~~ ~._ ~~,~ t 4 ~ : ~ ~/ City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk h i~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4thday of August , 19~, by the following vote, to-wit: AYES: COUNCILMEN McCarguodale, Anderson, McMains, McAllister, Sperling NAYES: COUNCILMEN Kane ABSENT: COUNCILMEN None (s) Cecil E. Sperling ,___ Mayor of the City of Chula Vista ATTEST (s) Kenneth Campbell City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 3467 , and that the same has not been amended or repealed. DATED: Au;;ust 4~ 1964 City Clem CC 652 $5.00 Fee ~~ X73 9 _ ENCROACHMENT PERMIT AGREEMENT AUTHORIZING WORK ~iy PERMIT #$ 64-22 Pursuant'to Article II, Section 27.3, Chula Vista City Code of the City of Chula Vista, permission is hereby granted to Elmer C. Zimmerman to do work within the public street right-of-way of the City of Chula Vista. Whereas, the permittee has requested the permission of the City of Chula Vista to encroach on the public right-of-way lying directly adja- cent to that property known as 29 Palomar Street to: Street Address Construct concrete block retaining wall adjacent to sidewalk on City Right-of-Way, back of walk 2-1/2' from property line. Maximum height 42" Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: ~ Permission is hereby granted by the City to Elmer C. Zimmerman ~' to install the above-mentioned encroachment on the real property of the City of Chula Vista described above in accordance with the following conditions: 1. Said installation shall, in no way, interfere-with any existing utility. Any changes of any utility due to the installation shall be at the sole expense of the permittee. 2. Maintenance, removal, or relocation of the above-mentioned in= stallation shall be the sole responsibility of the permittee, lessee, o.r the representative of the owner, or lessee, or his successor in in- terest, at no expense to the City of Chula Vista. 3. Said installation shall conform to the standards of the City of Chula Vista and shall conform with the regulations as set forth herein: 4. Property owner is to expose reinforcing for City to check for spacing and. size. 5. Property owner to obtain building permit and. pay all delinquent fees. 6. In the event failure occurs to the wall, the property owner will remove same w' ithin 10 da s after receivin notice to do so from the Cit Y g Y Pa e of Chula Vista. 1 of g 3 ST- P20 !~ / ENCROACHMENT PERMIT AGREEMENT AUTHORIZING WORK ~~n This permit is revocable upon thirty (30) days notice to the per- mittee, or his successor in interest, and upon such notice the encroach- ment must be removed, .or relocated, as may be specified by the permittor at permittee's expense at the said time. -- Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from permittee, or any of sub-contractors' operations under this permit, whether such operations be by permittee, or by a sub- contractor, or sub-contractors, or by any one or more persons directly or indirectly employed by, or acting as agent for permittee, or any sub-contractor or sub-contractors. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointive boards, officers, agents, and employees, from any suits or actions at law, or inequity for damages caused., or alleged to have been caused, by reason of the aforesaid operations. The undersigned permittee hereby accepts the foregoing encroachment permit upon the terms above set forth and agrees to all of the condi- tions and covenants on its part to be performed. It is understood and agreed that, in addit ion to the above conditions, all applicable condi- tions of the City of Chula Vista Code are incorporated herein by ref- erence as if set out in full. It is further agreed that if any part of this interferes with the future use of the street right-of-way by the general public, it must be removed, or relocated, as designated by the City, at the expense of the permittee, or his successor in interest. Signed ,- Date Page 2 0 3 CITY ENGINEER OF THE CITY OF HULA VI A BY //~~'' ~~ / DATE GGG( ~! ST-P20 ENCROACHMENT PERMIT AGREEMENT AUTHORIZING WORK ~~1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss On this ~ 3~ day of `~~ L ~/ 19 L- ~f before me , L?~~~.~i ~/--~~ - T ~~ L"71'-r- ~-' %~a Notary Public in and for the said County of San Diego, State of Cal ifornia, residing. therein duly commissioned and sworn, personally appeared ~ ~ ~~~i ~i-i -~~°~1~,~ -~-' personally known to me to be'the person whose name subscribed. to the within instrument, and he_ duly .acknowledged to me that he_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. ;~ '~ ~, Notary Public in and~for~the County of San Diego, State of California ~~ CORDON K• GRANT ~Ay commission expires September 22,1964 My commission expires