The URL can be used to link to this page

Home My WebLink AboutReso 1974-7260 Form No. 342 Rev. 9-71 RESOLUTION NO. 7260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT F. AND ANNABELLE E. KROEGER FOR ENCROACHMENT PERMIT AND ENCROACHMENT MAINTENANCE AND REMOVAL FOR 1165 WALNUT AVENUE 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 municipal corporation, and ROBERT F. AND ANNABELLE E. KROEGER, for encroachment permit and encroachment maintenance removal for 1165 Walnut Avenue, dated the 26th day of March , 1974 , a copy of which is attached hereto and incorporated 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 City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to ~O,,\r;v~ ff~~~~~ ~ 1-f?4. Lane F. Cole, Director o:r-llublic Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 2nd day the following vote, to-wit: George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CHULA of April , 19~, by Scott, Hobel, Hamilton, Hyde, Egdahl AYES: Councilmen NAYES: Councilmen None ABSENT: Councilmen None ATT",L. 1l11i!,/- "'J~ / City'Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA ~~jj..~~;&0-' Mayor of the City of Chula Vista I, Chula Vista, Callfornia, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED , City Clerk of the City of that the above is a full, true , and that the same has not Ci ty Clerk _ 'v. 1807 tf/ "~ .. ~ . .~ .~:.l... 9":";;L,-~ Form No. 3~2 Rev. 9-71 RESOLUTION NO. 7260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BET\vEEN THE CITY OF CIIULA VIS'l'A AND ROBEWl' F'. AND ANNABELLE E. KROEGER FOR ENCROACHHENT PEEl-lIT AND ENCROACIIHENT HAINTENANCE AND REMOVAL FOR 1165 WALNUT AVENUE 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 betvJGen THE CITY OF CHULA VISTh, a municipal corporation, and ROBERT F. AND ANNABELLE E. KROEGER, for encroachment permit and encroachment maintenance removal for 1165 Walnut Avenue, dated the 26th day of March , 1974 , a copy of which is attached hereto and incorporated herein, thesame as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the.Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Isl Lane F. Cole Lane F. Cole, Director of Public Works Isl Georqe D. Lindberq George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of April , 1924-, by the following vote, to-wit: AYES: Councilmen Scott,Hobel, Hamilton, Hvde. Eqnahl Councilmen None NAYES : ABSENT: Councilmen None Isl Thomas D. Hamilton. Jr. Mayor of the City of Chula Vista ATTEST Isl Jennie M. Fulasz City Clerk STATE OF CM.IFORNIh COUNTY OF Sl~ DIEGO ss. CITY OF CIlULA VISTA I, JENNIE M. FULASZ , City Clerk of the City of Chula Vista, Callfonua, DO lIEllliBY CEETIFY that the above is a full, true and correct.oopy of Rc'solution No. 7260 , and that the same has not been amended or repciiled. DATED April 2, 1974 , 74~09~ ! filE! PAGE NO, _ () BOOK 1914 i?~l/}UI RECOROEO~~~UIIT ~/JIJ:jI't'J. qLfRIf, Arft I' 1055 'AM '14 " 1?7 G3fd~ / CJ. ty Clcrk //;f UFFICIAl. f\~COI\DS S,\N DIEGO COVNn.CA\,IF, HAII\'EYF,ILDOM L: RECOlloln NO FE.. L/.l. ~c{ " 1c:J~ Z'i TO 447 C (Individual) @ t I " " " " " .J . . l- . STATE OF CALlFOR"IIA COUNTY OF San Diego March 26, 1974 } ss 1809 On hdore me, the undersigned, a Notary Public in and for said State, personally appeared ~ __.. Robert F. Kroeger and Annabelle E. Kroeger , known to me 10 he the person 5 whose namS,__ ar~ subscribed to Ihe within instrument and acknowledged that they t'xt'cuted the same. ,."""''''''......-..---. :-6l--~_nnn-O"'CIAl SEAL : . ,; ~ LORRAINE A. KRAKER I : f~'" ..~ Ndary Public. California ; : ,,',J. SAN DIEGO COUNTY ~ I My Commission Expires June 12'2~7~__l ,.._.___~_~_~_~_~.._~w t WITNESS my hand and official seal. _,L}, /7 SignatllT' ./f"of"'I""Z.,.L6..L.o-. Il./ ~ ~-- Lorraine A. Kraker Name (Typed or Printed) (This area for official notarial seal) 1808 ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT FOR ROBERT F. AND ANNABELLE E. KROEGER, HUSBAND AND WIFE, AT 1165 WALNUT AVENUE, CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 2&h day of March , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and Robert F. and Annabelle E. Kroeger, husband and wife, 1165 Walnut Avenue, Chula Vista, California, hereinafter called "Property Owner"; WIT N E SSE T H ----- - WHEREAS, Robert F. and Annabelle E. Kroeger, husband and wife, have applied for an encroachment permit to construct a private sewer force main as shown on Chula Vista Drawing No. 74-3SD, 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 Robert F. and Annabelle E. Kroeger are hereby, pursuant to Encroachment Permit No. 74-13, allowed to construct a private sewer force main on Walnut Avenue. 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 owners upon demand in writing by the Director of Public Works. The property owners must remove or relocate said encroachment within thirty (30) days after such notice. If the owners fail 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 encompassing 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. ATTEST~ .C'I ~rJ~- Robert F. Kroe r (l~dJt F ~ sVL Annabelle E. KrOeg~ Approved as ~ ~~r ?G.:'-- ,?~z.c.LC:::--(/\qr/ ~/- -c:L- ~ City Attorney ~ l;Jt(l