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Home My WebLink AboutReso 1963-3090 RESOLUTION NO. 3090 RESOLUTION AUTHORIZING THE EXECUTION OF A. CERTAIN ENCROACHMENT PERMIT 'AND ENCROACHMENT~ PERMIT' FOR. FRANK FERREIRA . r ' .< WHEREAS, FRANK :FERREIRA nas applied for permission. to construct a sewer line on certain property owned by the,City of Chula Vista, and .... ,,- . . WHEREAS, the City Engineer has made a favorable report on such application, " , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves that certain ENCROACHMENT PERMIT in favor of FRANK FERREIRA and agreement, a copy of -, which is attached hereto and made a part hereof by this ref- .erence thereto, and the City Engineer is authorized to execute said ENCROACHMENT PERMIT AND AGREEMENT on behalf of the City of Chula Vista, WHEREAS, the permittee, FRANK FERREIRA, has requested the permission of the City of Chula Vista to encroach upon, and' install and maintain a sewer upon certain property owned by the City of Chula Vista, NOW, THEREFORE, in consideration of the mutual promises, and other good and valuable consideration, the CITY OF CHULA VISTA and FRANK FERREIRA do agree as follows: 1. Permission is hereby granted by the City of Chula Vista to said FRANK FERREIRA to construct, install and maintain a sanitary sewer on certain real property belonging to the City of Chula Vista, as more fully delineated and described on that certain plat dated March 14, 1963, attached hereto and marked Exhibit "A" and further described as: All those portions of 10 acre Lots 15 and 16 in Quarter Section 150 of Rancho de la Nacion, in the City of Chula Vista, County of San'Diego; State of California, accord= ing to Map thereof No. 505, 'fLIed in the office of the County Recorder of San Diego, March 13, 1888, lying ., 4 feet on each side of the following described centerline: ~-) ,-. -, ., " Beginning at a point on the South line of "c" Street, being also the North line of said Lot 16, which said point lies North 71018' East, ,390 feet, measured along said North line of Lot 16, from the Northwest corner of said Lot'16; thence South 26037' East, 481.16 feet; thence South 14057' East, 147.5 feet, more or less,to the South line of said Lot 15. . 2. It is agreed that the said sewer line shall be in- stalled not less than three and one-half (3-1/2) feet below:; the existing ground level, measuring from the top of such pipe, lin~ ~r other conduit and that said sewer line shall be a minimum of six (6) inches inside diameter dimension arid of vit~ified clay ,pipe. 3. The permittee, his successors, heirs, or assigns hereby 'agree to maint'a,in,' at their expense, the said sewer line to its connection with the public 'sewer located in "c" , ' .. ~,' , Street, provided that the City of Chula Vista ~hall have ~he right to connect at any place located on City property and should the said City so connect, then the City of Chula Vista hereby agrees to maintain the said sewer line 'at its sole expense at all points downstream from such connection. ~ 4. In addition to Exhibit "A" the permittee shall file with the City Engineer a pl~t showing the exact location of such sewer line with other pertinent details which said docu- ments shall be physically attached to the permit and made a part hereof. 5. Said installation shall in no way interfere with any existing utility. Any changes of any utility' due to the in- stallation shall be at the sole expense of the permittee. 6. Maintenance, removal, or relocation of the above- mentioned installation shall be the sole responsibility of the permittee, lessee, or the representative of the. owner or " lessee, or his sU9cessor in interest, at no expense to the City of Chula Vista, except as modified by paragraph 3 hereinabove. 7. Said installation shall conform to applicable Municipal, .' ;,-, ; " County, and State standards and before use as a sanitary sewer shall b~ subject to the approval of the City Engineer of the :0 City of Chula Vista. 8. This permit is revocable upon 120 days notice to the permittee, or his successor in interest, and upon such notice the encroachment must'be removed, or relocated, as may be spec- ifiedl by the permit tor at permittee's expense at the said time, " 9. Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, cgents 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 perrili t, 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 afore- said operations. 10. The undersigned permittee hereby accepts the foregoing encroachment permit upon the terms above set forth and agrees to all the conditions and covenants on its part to be performed. It is understood and agreed that, .in addition to the above conditions, all applicable conditions of the City of Chula Vista Code are incorporated herein by reference as if set out in full. It is further agreea that if any part of this interferes with the future use of the public 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. " ., (~ '" '. NOTE: 'Wherever the ,name FRAN1C FERREIRA appea'rs,- it shall b~ deemed to designate TRI-CCXJNTY BUILDIt\G, INCO~PORATED. ~, . . ...",~'"'" ':""", ," i~'~~~:~'~""~':. ~.~, . ~';]2JUI8J3~A~:ED , .' ,. -/?_~ c. ~~>-"$ P-re s I de nt, . ;...., _:',;' .'.~ '~~""'.C'\'~ " .., CITY OF CHULA'VISTA " , 1-- 1--(,3 'By~~-?e~ - " Cit,Y' .Engineer, ' " DATE . A~~~~. " , , .r ...: . i · r " ' 1 ;, , . ~\ .< - , - '. , ,...... ;1, . '- " . ".' " :', , '.~, . i .......,J ("',1", ',' .. ,-., . ,. i -l.~ . '0'- , . ....... T" "'.,,' :-., , . " ~ ' , , ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of AnTil 1 Y -63.. by the following vote, to-wit: AYES: COUNCIUlEN M~M~inR. M~Al1iR~p.r Menzpl ner.raaf NAYES: COUNCIUlEN None ABSENT: COUNCILMEN Smith \"' -. , 4:~h~~P:ir~~sta ATTEST*' - - ~~' City Clerk ' (,:,;'" . .r ' t', - r i ~ , ""-.--', . . ..... . ,,' c. STATE OF CALIFORNIA )'" C;:OUtjTY'.OF.'SAWDIEGO) ,;, ss. CITY OP'CHULA VISTA ")' '-' - .- _.-. .. I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, 'i" 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 1\'tTF;.'I'__. .__. ._~ '_'...~ ___ __.._.____ ,:,1'. i... t;y ~f2"/___~__ DATE,2:!~:.4>.3 SUBJECT _.5..~:~~.J:__!..J;?1.~azJ..J:9..C___m____ CHi<D. By_______ DATE_m_____ oum__uE..t!U:r..e..i.cQ_J:!r..Qf?J::C.t.r-______::__m_, SHEET NO~.__/____ OF._J_'_. /:?J~4- JOB NO.._...________________ '., . , .. ---------------------j----_.- .' ~', '- ) .5 TH - A \/6 N(.j e " ~ ~ . , ~ ~ 330' Z:?JO" 40' 40' r , ,/ ~ 4J ~, 'R (S). . .. ..." , I:)" 1'1. \1 I ' _,;f '- .f' ',--I ,I r. 1.1. V. '"' -."-. , ' \ \.. . ....... . ll.1 ixl. ''- o ~ -~ '" ~ )C j" , q I. ,:." r \l" V ~ . , , ..J . . . ~ . . \l '_'" 0" , c ~.~, ,J '. ,~ I (? '1 I I I EXISt: fr7. H. '/~ ,- .. ~, - I , ( ,. ::.I~ ~ -' )~ ~ :00 I . I 14 ~ " . /1.,. 11"" . - . . ,AI !5 I." ~..:._. r:;j....~., -' , _ O~ Y' . - .,-~"'C ,. . .~"? ~ .... .' :. .'. ..,.. 2"t","",,,,~~~.: . ,_ I-Y ' . ~" ." '.. _ ". "'481.1'" . '.' ..:""-,~~~..... ~cr.~-A.=~..,r- 'f:.Se.:vei-Lofera/ .' - II ,40.- ~~~-\}.,- . ." , - ',.'.J< '~'. . . ~ ~ ~ \' " ~~ ~: . . ~f . '. I.... :/ , /I , , I' .,..;1 1'. " , . " '11 .' . . . ,"" )< ~' \J SCALE- ~ I " .. -, I \ \ l '\ I .. WITTMAN EN~INEERING 'CO. - R~JsrERED CIVIL-ENGINEERS f .925 WEST MAIN STREET ELCAJON, CALIFORNIA EXHIBIT' .n A n ":I..~. _ _____ ..