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HomeMy WebLinkAboutReso 1958-2045 ■ ,,, • ■ • ,,1 RESOLUTION No. 2045 • . . - . n RESOLUTT©IT. OF ',THE CITY COUNCIL OF 'THE CITY OF -, - • CHULA, V STA APPROVING AGREEMENT, WITH JAMES MORGAN ,, AND ANDREW HQM, TO MOVE BUILDING INTO CITY ' ' THE CITY COUNCIL.QF• THE-'CITY Off':`CHULA VISTA, DOES..HEREBY, . , RESOLVE AS FOLLOWS , ' ,' + That certain agreement •between 'Jame k s Morgan and' " Andrew Horn and the City of.Chula .Vista, •a; Municipal Corpora- , tion`,` dated April '8, 1958, a copy of which ,is ' attached hereto and'P by this reference made a' part and parcel -hereof, ' be and .t: - the same is, hereby, approved• and the Mayor of the.-`City of Chula Vista is hereby.,:authorized and directed to 'execute the same for a and on behalf of the aGit'y of• Chula ,Vista. - A - 1 ,1 • F ^F A4„ ,5 ti F. . r . + s , ry,,y t + k i , • Ak • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of April 1958 by the following vote, to-wit: AYES: ' COUNCILMEN DeWolfe, Rader, Smiths DeGraaf,Menzel NAYS: COUNCILMEN None. , ABSENT: COUNCILMEN None (S) Peter DeGraaf Mayor or the City of ChuieViSta ATTEST (SZ Kenneth P. 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and foregoing is a full, true and correct copy of Resolution No. 20 45 , and that the same -- has not been amended or repealed. DATED December 1, 1959 �i d • P Z. 4 t 1 Cori e' l - l''.• 'tin• l ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th Day of April, 1958 by the following vote, Ito-wit: AYES: COUNCILMEN DeWolfe,Rader,Smith,DeGraaf,Menzel NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Ir ayor o the City u a its a ATT.4ST: 4/ �e�1" ity Clerk j � , ‘‘ 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 • • COPY A G R E E M E N T • WHEREAS, JAMES MORGAN is the owner of warehouse building which • is presently located in San Diego Bay at the foot of F. Street in the City of Chula Vista, hereinafter referred to as the city, and WHEREAS, ANDREW HOM is the owner of certain real property whose . Westerly line is approximately located at the mean high tide line of the Bay Of San Diego, and whose Northerly line is F. Street (Exhibit "A" which is attached at least to the original agreement herein, is a sketch of said real property) and WHEREAS, James Morgan and Andrew Hom have applied for a permit from the City to move said building onto said real property, NOW THEREFORE, IT IS AGREED between the City, James Morgan and . • Andrew Hom as follows: • 1. Andrew Hom and James Morgan, as a condition of the granting of said permit by the City, agree to: . A. Set said building on fill at an elevation of no less than 11'9" above the mean sea level of the U.S.Coast and Geo. Survey. B. Fill in the channel, both on the City's tidelands and on any private property which may be excavated as a part of the building moving operation promptly after said building is moved through said channel. Said Channel shall be excavated only immediately before • it is required for said building moving operation. Said filling of the Channel shall restore said property, both the City's and the private property, to the same condition as it was in prior to excavation, • C. Use only a registered engineer or architect to design the foundation for said building. D. Stucco the entire exterior of said building. E. Place said building so that it is not located at any point • closer than '10' to any property line. F. Install sufficient plumbing in said building so that said • plumbing will comply with Ordinance No. 474, the plumbing ordinance • of the City of Chula Vista. All plumbing installed shall be inspected and approved by the City Building Department. • -1- • G. Complete all of the terms of this agreement within a period • of one hundred twenty days from the date it is executed by all parties. • H. Deliver to the City a good and sufficient Surety Company bond, or a cash deposit in the sum of Five Thousand Dollars ($5,000.00) pay- able to the City as a guarantee that all of the terms of this agree- ment will be faithfully performed. Said bond to remain in full force and effect for at least thirty (30) days after completion of this agreement. I. Comply with all of the requirements of any City ordinance which may affect this operation, including but not limited to City Ordinance No. 525, and comply with all of the requirements of any City Department which may have an interest in this operation, includ- • ing but not limited to the City's Building Inspection Department. J. Hold the City harmless and indemnify the City against any • • liability arising out of any phase of said building moving operation. • . • K. Waive any damages or to any relief which a court might grant, and to which Andrew Hom and James Morgan might otherwise be entitled to, as a result of the City's filling in of the tidelands at any time in the future, or as the result of the setting of the grade of any street. Dated: May 27, 1958 (8) James W. Morgan (s) Andrew Hom CITY OF CHULA VISTA By (S) Keith W. Menzel Mayor of the City of Chula Vista Approved as to form: • M. Kugler City Attorney COPY -2-