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Home My WebLink AboutReso 1974-7449 It" Form No. 342 Revo 3/74 RESOLUTION NO. 7449 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN "THE CITY OF CHULA VISTA AND THOMAS A. DOYLE FOR ENCROACHMENT PERMIT AND ENCROACHMENT MAINTENANCE AND REMOVAL FOR OCEAN FRESH AT 183 BROADWAY IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows~ NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CHULA VISTA, a munlcipal corporation, and THOMAS A. DOYLE, for encroachment permit and encroachment maintenance and removal ~~r Ocean Fresh at 183 Broadway in the City of Chula Vista, " da ted the 29th day of August , 19~, a copy of which is attached hereto andlncorporated herein, the same as though fully set forth herein be, and the same is hereby approvedo BE IT FURTHER RESOLVED that the Mayor of the Clty of Chula Vista be, and he is hereby authorized and dlrected to execute said agreement for and on behalf of the City of Chula Vista Presented by Approved as to form by . '--~CbL.--2-._ ctor of Public of the CITY OF CHULA , 19H__' by Habel, Hamilton, Hyde, Egdahl, Scott AYES: Councilmen NAYES: CounCilmen None ABSENT: CounCilmen None ~Jj..~~;/ -- Jt )u.(' -., C 1. t:y Hayor of the City of Chula Vista STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA) I, of Chula Vlsta, Call.fornia, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above ~s a full, , and that the same has --City Clerk Return to: ~tC~otJ::t~ ~D ~ '0"(1 e ~u16.UL~t'-, (c. q J.e) ) ~ 404 ~.', ~ Form No. 342 Rev. 3/74 t t r, t ! , , RESOLUTION NO. 7449 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THOMAS A. DOYLE FOR ENCROACHMENT PERMIT AND ENCROACH!-1ENT MAIN'I'ENANCE AND REMOVAL FOR OCEAN FRESH AT 183 BROADWAY IN THE CITY OF CHULA VISTA, AND AUTHORIZING 'THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the 'City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a munLcLpal corporation, and THOMAS A. DOYLE, for encroachment permit and encroachment maintenance and removal for Ocean Fresh at 183 Broadway in the City of Chula Vista, dated the 29th day of August , 191.!-, a copy of which is attached hereto and Lncorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the CLty of Chula Vista be, and he LS hereby authorized and dLrected to execute said agreement for and on behalf of the City of Chula Vlsta, Presented by Approved as to form by .lf~ ~H/)~:C/ George D. Lindberg, City At66:?ney /s/ Lane F. Cole Lane F. Cole, Director of Public Works ADOPTED &~D APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORNIA, this 10th day of ~ertember ' 19J..L-' by the followLng vote, to-WLt: AYES: Councilmen Hobel. Hamilton, Hyde, Egdahl, ~~O~~ NAYES: CouncLlmen None ABSENT: CouncLlmen None -'.sl Thomas D. Hamilton, .Jr, Hayor of the CLty of Chula V.Lst.a ATTEST /s/ Jennie M. Fulasz Cl.ty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISrA) < I, JENNIE M. FULASZ , C,l.ty Clerk of the Cl.ty of Chura Vlsta, Cal:Lfornla, DO I~EHEI3Y CERTIFY that the above lS a full, true "and correct. copy, of Resolutlon No. 7449 , and that the same has not bea,n amended or .repealed. DATED September 10. 1974 '/ ....y"lJ.;7U~ /b dJ~ .;'fCHY Cle~k f .. ,,/ '7(1V11 405 ENC'ROACIINENT MAINTENANCE AND REMOVAL AGREmmNT FOR THm1AS A. DOYLE AT OCEAN FRESH, 183 BROADHAY l~ THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 29th day of , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THOHAS A. DOYLE, owner of Ocean Fresh at 183 Broadway, Chula Vista, Cali- fornia, hereinafter called "Property Owner"; August WIT N E SSE T H : WHEREAS, Thomas A. Doyle, owner of Ocean Fresh at 183 Broadway, has applied for an encroachment permit to erect six (6) posts within the public right of way, which posts will provide structural support for overhead lattice work, and WHEREAS, it is desired that an Encroachment Maintenance and Removal Agreement be executed in conformance with Section 27.304 of the Chula Vista City Code. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Thomas A. Doyle, owner of Ocean Fresh, is hereby, pursuant to Encroachment Permit No. 74-42, allowed to erect six (6) 8" diameter posts in the public right of way in front of the premises at 183 Broadway, in the City of Chula Vista. 2. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and re- sponsibility of the contractor and owner and successor in interest, who shall hold the City harmless with respect thereto. 3. The agreement is made for the direct benefit of the property owner's land. 4. The encroachment shall be abandoned, removed or re- located by property owner upon demand in writing by the Director of Public Works. The property owner must remove or relocate said encroachment within thirty (30) days after such notice. If the owner fails to remove or relocate the encroachment within the period allotted, the Director of Public Works may cause such work to be done and the cost thereof shall be imposed as a lien upon the property as provided in Section 27.209 of the Chula Vista City Code, relating to removal of unauthorized obstructions in the public rights of way., 5. Said Encroachment Maintenance and Removal Agreement for buildings or structures built over or upon the public rights of way shall be recorded in the Office of the County Recorder of San Diego County, and shall constitute an obligation and burden upon said property, provided, however, that said agreement encom- passing encroachments authorized by the Director of Public Works pursuant to Section 27.303 of the Chula vista City Code need not be recorded. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year set forth hereinabove. CITY OF CIIULA VISTA ERTY OWNER ~~/ f)jQ Mayor oj', the ~ ATTE,ST/I/)pI,N. 0J~J~~ /' CJ. ty Clerk Approved as to form by 74-252271- ; IlU I'M;: NO. BOOK 1914 . RCCORDED REOUf1T ., t?tTl/ ~F o,al:z /J.fTA- SEt' 1 b 9 251M' 7~ OFfiCIAL RECORDS SAN DIEGO COUNTY. CALIF. HARUY F.Il"" R[CORO!R / /'/ City Attorney (// NO FEE I I .. ~ .. "- E C) , E STATE OF CALIFORNIA } COUNTY OF S4 JJ j) IE 6 () 5$. . On . S' E p-r E n A EJ!: /~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~ A1 AS 7). #;7 ~ /~ rLh() / -T.R known to me to be the tv1 j:J V M Ihn,,.l,n' and -.T E A/ A/ / F M. P flL. 4S2 4UG c .. u ~ ~ . and known to me to be the persons who executed the within known to me to be the (j ~TY ~L D-~N ~y of the corporation that executed the within instrument, .. ~ instrument on behalf of the corporation therein named, and ac. f ~ knowledged to me that such corporation executed the withil"l..~"'6"'''''''6'''..:o-'''''''''''-''''''''-'''-'''-'''''''-'''-''''''''''''''''''''''''''''''''''6''''''''''''''''''-'''-'''' iii instrument purs~ant to its by-laws or a resolution of its board of OFFICIAL SEAL ~ " PAMELA A. HANNA 3 directors. NOTARY PUBLIC. CALIFORNIA T PRINCIPAL OFFICE IN 8 SAN DIEGO COUNTY O? Expires April 25, 1976 'E ......i'"................. .................................... -................r..........................,.,............-.....'" ~ Name (Typed or Printed) (This area for official notarial seal) " TO 447 CA 14.731 (Imlivitluol) enr1r TiTlE INSUHANCE r.'.......,;. AND TRUST STATE OF CALIFORNIA COUNTY OF SAN Ole G 0 AU3U':' f Slale, Jlersonally appeared } S5. A neOR COMPANY t On Ji9. t9 7 '-I before me, Ihe undersigned. II Nolary Puhlic in llnd for flaid THomAS, A 00'/ LE. \aI 0: \aI X \aI .J A. < .. III . known 10 me 10 he Ihe pcr~on _ _ whose name_ i-S 10 Ihe wilhin ins.rumenl and acknowledged Ihal ! f"xecuted the somc. subscrihed He JI-. - -. -.. -.. - - - - - -. -.. ..___. · R.. .. OFFICIAL SEAL · . .... . . ',<'1'),4::". > LORRAINE A. KRAKER . :'-\~ '. .~." N"tory Public - California . I ',' SAN DIEGO COUNTY : ~. _!!1. ~~~~sii~n_ ~x~i.~e~~ Jun~. J 2.~ _~ !7~..1 ~~ 't , WITNESS my "and IInd official seal. Signature ~~ {L. t{:~,~ LoRf<.f\, N ~ A, 1< Q A K E r<.... Name (Typed or Printed) . (T:..~r.a_l~r_~lIIc:l.tn~~':'I,~I..~I~,... t?, Iqq~ I' P I