HomeMy WebLinkAboutReso 1983-11232RESOLUTION 11233
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RECORDING REQUE;j.t::.U
AND MAl L TO:
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L ' ./ ,c RESOLUTION OF THE CITY COUNCI L OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE01S TO AUGUSTE AND VASCO RODRIGUES
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2255
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The City Council of the City of Chula Vista does hereby resolve as
NO FEE:'
f 011 ow s :
WHEREAS, the City Engineer has found that the establishment of the
approved s i dewa 1 k cafe to be developed in accordance with an approved plan
(Redeve 1 opment Agency Reso 1 ut i on No. 416) wi 11 not interfere wi th the
maintenance of public sidewalks or their safe use by pedestrians; and
WHEREAS, the City Engi neer has recommended approval of Encroachment
Permit No. PE01S.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Chula Vista that the City Engineer be authorized to approve said encroachment
permit No. PE01S (Attachment A) on behalf of the City of Chula Vista subject
to the following condition:
1. Auguste and Vasco Rodrigues, applicants of aforesaid
encroachment permit, enter into a lease agreement with the City
of Chula Vista for the use of the subject public right-of-way.
Presented by
/s/ John P. Lippitt
John P. Lippitt, City Engineer
Approved as toJ-G.l:'m/-iV "
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Georg~D. Lindberg
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WPC 0649H
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th
day of
May
19 ~n , by the following vote, to-wit:
AYES: Councilmen Scott. Cox. Malcolm. Moore. McCand11ss
NAYES: Councilmen None
ABSTAIN: Colrlcilmen None
ABSENT: Councilmen None
/5/ Gregory R. Cox
Mayor of the City of Chula Vista
~TTEST /5/ Jennie M. Fu1asz
City Clerk
,TATE OF CALIFORNIA )
:OUNTY OF SAN DIEGO ) S s.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of ChuJa Vista, California,
JO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11232
,and that the same has not been amended or repealed.
JATED
May 11, 1983
(seal)
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:C-660
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2257
ATTACHMENT "A"
Encroachment Appl ication Fee $ 53.00
Receipt No.
Encroachment Permit Fee $
Receipt No.
AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT OF WAY
Permi t No. PE-015
Pursuant to Chapter 12.28 of the City Code of the City of Chula
Vista, permission is hereby granted to Auguste & Vasco Rodriques
to do work within the public right of way of the City of Chula Vista.
Whereas, the permittee has requested the permission
Chula Vista to encreach on the public right of way lying
to that property known as 323 Third Avenue
Street Address
Establish a 550 square foot sidewalk cafe as depicted in the approved plan attached
as exhibit A.
of the City of
directly adjacent
to:
Now, therefore, in considera,tion of their mutual promises, and
other good and valuable consideration, the parties hereto agree as
follows:
Permission is hereby granted to install the above mentioned en-
croachment on the real property of the Ci~y of Chula Vista described
above in accordance with the following conditions:
1. Said installation shall, inno way, interfere with any exist-
ing utility. Any changes of any utility due to the installation shall
be at the sole expense of the permittee.
2. Maintenance, remaval, or relocation of the above mentioned
installation sha11 be the sole responsibility of the permittee, lessee,
or the representative of the owner, or lessee, or his successor in
interest. 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:
A) Enter into a lease agreement with the City of Chula Vista for the use of Public
right of way.
PW-E-15 Revised 12/76
;:(-!(J-3~
Page 1 of 3
.. 2258
AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT OF WAY
This permit is revocable upon thirty (30) days notice to the
permittee, or his successor in interest, and upon such notice the
encroachment must be removed, or relocated, as may be specified by
the permittor at permittee1s expense at the said time.
Permittee hereby agrees to indemnify and hold harmless the City
of Chula Vista, as indemnitee, its elective and appointive boards,
officers, agents and employees, 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 this permit, whether due to
operations of permittee, or by a subcontractor, or subcontractors, or
by anyone or more persons directly or indirectly employed by, or
acting as agent for permittee, or any subcontractor or subcontractors,
or from indemnitee1s negligence. 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 encroach-
ment permit upon the terms above set forth and agrees to all of the
conditions and covenants on its part to be performed. It is under-
stood 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 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
(1!;tt<iiE;(~/9'!ue
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CITY ENGINEER OF THE
CITY OF CHULA VISTA
By ~/t1~
Date 0/12-/~J
Oate
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Page 2 of 3
., 2259
AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT-OF-WAY
STATE OF CALIFORN_~ Q
COUNTY 0 F ()c?Y-751-).-i' rJr:)
SS.
On this
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Public in and fofsaidCs.fate, personally appeared
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me, or (pro~ed to me to be, on basis of satisfactory
before me, the undersigned,
a Notary
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persona~{y known to
evidence), to be the person
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whose name/5 subscribed to be the within
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instrument and acknowledged that .4//--
executed the same.
WITNESS my hand and official seal.
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Signa tu re / ,~ ~ 7</".0';'/'
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ElEA~IOR l. NIDA
~ NOlARV PUOUC - CAlIFO""" .
PAINCIPAL OFFICE IN ,'1
SAN DIEGO COUNTY
My Commlsalon Exp,," May 18 1984
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(This area for official
notarial seal)
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3 of 3
.. 2260
AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT-OF-WAY
STATE OF CALIFORNIA
C 0 U N T Y 0 F ~)? <C'l-...J"uZ1 l'
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On t his ,/ / ../ _/ ~ j::.;k-..u"1 ,F)/ )r;, (1-1: f} / :'~) ,-} be for e me, the un d e r s i 9 n ed,
a Not0:~~~i: a~~:~:~~5~te;:~~~~eared
personally known to me, or (proved to me to be: on basis of satisfactory
evidence), to be the person
whose name ,5 subscribed to be the within
ins t r u me n tan d a c k n 0 \'11 e d 9 e d t hat ,( ..a_-
executed the same.
WITNESS my hand and official seal.
Signature
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, PR.Nl,IJ-i,,- OFHC::::' IN ;t
SAN DIEGO COUNTY ~
My Commlsalon Expires May 18, 19S4 i
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RESOLUTION 11232
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE015 TO AUGUSTE AND VASCO RODRIGUES
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City Engineer has found that the establishment of the
approved s i dewa 1 k cafe to be deve loped in accordance wi th an approved plan
(Redevelopment Agency Resolution No. 416) will not interfere with the
maintenance of public sidewalks or their safe use by pedestrians; and
WHEREAS, the Ci ty Engi neer has recommended approval of Encroachment
Permit No. PE015.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Chula Vista that the City Engineer be authorized to approve said encroachment
permit No. PE015 (Attachment A) on behalf of the City of Chula Vista subject
to the following condition:
1. Auguste and Vasco Rodrigues, applicants of aforesaid
encroachment permit, enter into a lease agreement with the City
of Chula Vista for the use of the subject public right-of-way.
J, l /1
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John!. Lippi'tt,
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t/i ty 1 neer
Approved as to form by
J/~~ L~W ~ ///
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George D~{?in berg
Presented by
"
WPC 0649H
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of May
19 83 ,by the following vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Scott, Cox, Malcolm, Moore, McCandliss
Councilmen
None
Co\.ncilmen
None
Councilmen
None
f/~
e City of Chula Vista
STATE OF CALIFORNIA )
::;OUNTY OF SAN DIEGO ) S s.
:ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11232
,and that the same has not been amended or repealed.
)ATED
( seal)
City Clerk
CC-660