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Home My WebLink AboutReso 2002-500RESOLUTION NO. 2002-500 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN OPEN SPACE ENCROACHMENT PERMIT TO THE YMCA OF SAN DIEGO COUNTY, SOUTH BAY BRANCH AT LOT 1, MAP 12341 WHEREAS, the YMCA of San Diego County, South Bay Branch applied for an open space encroachment permit to construct an egress driveway, which occupies approximately 6,500 square feet of open space land at the south edge of Lot A, Map 12341 of Rancho Del Rey, for the YMCA site located at 1201 Paseo Magda; and WHEREAS, Municipal Code Chapter 17.08 authorizes the encroachments into the open space, upon approval of the City Council, for certain private purposes where said encroachment does not interfere with or obstruct the purpose of the open space district or the continued maintenance of said district; and WHEREAS, the Office of Building and Parks Construction has reviewed the applicant's request and recommends approval subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Open Space Encroachment Permit (attached hereto) to the YMCA of San Diego County, South Bay Branch at Lot 1, Map 12341 in the form presented. Presented by Approved as to form by: Building and Park Construction Director John. Kaheny C~ Attorney Resolution 2002-500 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of December, 2002, by the following vote: ATI'EST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla None None Stephend~Sadilla, Mayor Susan Bigelow, City Clerl~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-500 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of December, 2002. Executed this 10th day of December, 2002. Susan Bigelow, City Clerk ATTACHMENT 2 -~/~ 1179 1180 791 ~/ 1182 795 / 1184 1181j 1183 / YMCA Site O_~.~p_ ~,,~ 1-'~'~ ~as--~o Magda Area of EncrOachment OPEN SPACE ENCROACHMENT MAP ~ Recording Requested By: City of Chula Vista City Clerk's Office When recorded, please mail this to: City of Chula Vista City Clerk's Office C: Building and Park Conslruction 276 Fourth Avenue Chula Vista, CA 91910 1614 1 IllllJlJlllllll lllHlml lHflJllllfillllllllJllJllllll ',,... ........... 207~_ _~_ This Space for Recorder'c use only DOC fl 2003-047,5805 APR 24, 2OOM 12:29 PM ~VICI~. g~l DI~ ~ Eff)RER'S OFTZE AUTHORIZATION FOR ENCROACI?IMENT IN CITY OPEN SPACE LAND . Encroachment Permit No. OS-02-01 '~'7~pplica~Orl Fee: __ Receipt No.: Inspecl[o~ Fee: __ Reo~ipt No.: Pursuant to Chapter 17.08 of the Chula Vist~ Monicipal Cede, pem~ission is hereby 9rented to: YMCA of San Dleqo County, South Bay Branch to do work within a portion of open space land belonging to the City of Chula Vista. All terms and conditions of this permit as to the permiltee shall borden upon permittae's land and shall run with the lend. All condiUons apply to permitlee and all assigns er succeasQm in interest. Whereas, the permitfee has requested the permission of the City of Chula Vista to encroach on the City open space land adjacenl to and for the direct benefit of the following des~bed properly: Lot 1, Mare 12341 (Assessors Parcel No. Is) 642-392-11-00) to do the following descdbod work: Re, rads apl~roximatelv 6500 square feet of existing open space at the south wasfem ~rlien of Lot A Map 12341 and install a paved eqress driveway and sidewalk and earthen swale (refer to attached exhibits). Once imoroved and qreded, the areas adjacent to the ddvewa¥ and sidewalk shall be planted with native vegetation to blend with Ihs exislinQ ~ant material. TemporeJy imqation will bo ~rovided to establish ClrOWth. Now, therefore, in consideration of their mutual promises, and other good valuable consideration, the parties hereto agree as follows: Permission is hereby granted to install the above-mentioned encroachment on the real property of the City described above in a~cordance with the following cenditlens: Said installation shall, in no way interfere with any existing utility, including storm drain lines owned and maintained by lhe City. Any changes of any utilities due to the installation of the permiltee's p~ata facilities shall be at the sole expense of the permiltee, Encroachment shall be installed and maintained in a safe and sanitary manner as determined by the City, Maintenance, removal or relocation of the abovementioned inslallation cd the private facilities shall be the sole responsibility cd the permittee, or lessee at no expense to the City, Said installation shall conform to the standards of the City of Chula Vista and shall conform to the regulations as set forth herein: A. The permittee shall prepare a landscaping and irrigation plan and submit to the City for approval by the Director of Building and Park Construction. B. The psrmittee shall maintain landscape improvements for a minimum of three years or upon acceptance by Ihs Director of Building and Park Conslruction, The permittee shall prepare necessary grading and drainage improvement plans and submit to the City for approval by the City Engineer. The permittee shall obtain necessary construction permits pdor to commencement of work. This :)ermit is revocable upon thirty (30) days written notice to the permittee, and upon such notice, the instal ation must be removed, or relocated, as may be specified by the permittor at permittee's expense at the said tree. If the permittee fails to remove or relocate the encroachment within U3e pedod allotted, the City may caus6 such work-to be done and the cost thereof shall be imposed as a lien upon the permittee's property. Permi~tee hereby agrees to indemnify and hold harmless the City of Chula Visia, as indemnitee, its elective and appointed boards; officers, agents and employees, Mm any liability for damage or claims for damage for persolal injury, including death, as well as from claims for properly damage which may arise, from this permit, whether due to operations of permittee, or by a subconfractor, or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for permittee, orany subcon~actor or subcontactom, or from. indemnitae's negligence. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointed boards, officers, agents and employees, from any suits or actions by 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 conditions and covenants on its party to be performed. It is understood and agreed that, in ad¢ition 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 agreed that if any part of this interferes with the future use of the right of way by the general public, it must be removed, or relocated, as designated by the City, at the expense of the ~ermittee. APPLISANT DIRECTOR OF BUILDING & PARK CONSTRUCTION Date ,.~ ~' '~ '~ (Applicant: Attach appropriate Notary Acknowledgement) Susan Bigelow, City Clerk Note: Permiaee is to submit a check or money order payable to County of San Diego for recordation of Ihis permit. State of California Cotmty of San Diego On March 17, 2003 befor~ me, Carol E. Lath~er, Notary Public, perso.~l¥ aplx~red ~d ~ Co~o, ~.sUy ~o~ to ~ (~ ~'~ on ~ b~ of ~to~ ~&~co) to ~ ~ ~o~ ~ ~ ~ su~ to ~c ~ ~ ~ ac~ow~g~ to ~ ~ ~ e~ut~ ~ ~ ~ ~ ~ho~ ca~i~, ~d ~ ~ ~:r/~i~ si~ on ~e ~t ~c ~,or ~ My commi~qion expires September 12, 2006 OPTIONAL CAPACITY CLAIMED BY SIGNER __ Individual X Coq~orate Officer Pr~sidmt & CEO Tide(s) Signer is Representing: YMCA of San Diego County_ DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Nmnher of Pages Date of Document (other than _m. ,,~1 above) Commission# 1370036 I~u~m! punic - Ca#fomia ~n ~0 County I I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: Date Commission F.~pires: [;~¥ -I ~ -/) ~ County Where Bond is Filed: Manufacturer or Vendor Number: /~) .J~)/~ ;f (Located on befit sides of the notary seal border) Signeture: Fi~~eble} Place of Execution: Rec, Form iFR~I 0 (Rev. 7~96l