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Home My WebLink AboutReso 1974-7272 Form No. 342 Rev. 3/74 RESOLUTION NO. 7272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AL A. AND SHIRLEY J. SHARAMITARO FOR ENCROACHMENT MAINTENANCE AND REMOVAL FOR PROPERTY LOCATED AT 422, 424 AND 426 EAST "J" STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Councll 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 AL. A. AND SHIRLEY J. SHARAMITARO, husband and wife as joint tenants, for Encroachment Maintenance and Removal for property located at 422, 424 and 426 East "J" Street in the City of Chula Vista, dated the 9th day of April , 19 74 , 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 City Clerk of the City of Chula vista be, and she is hereby directed to record said agreement in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he 1S hereby authorized and dlrected to execute said agreement for and on behalf of the City of Chula Vlsta, Presented by %~ !(-:L)?~ George D. Lindberg, City Ateorney ADOPTED AND APPROVED by the VISTA, CALIFORNIA, this 9th day of the follow1ng vote, to-wit: Approved as to form by /" // \ ../ '-'.-.;' , / "...~.- . - , / .cL~u >0, /-:/~ City AttWney 6. George D. Lindberg, CITY COUNCIL of the CITY OF CRULA April , 19~, by AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councllmen None ABSENT, Councllmen None Hayor ATTEST!J:rV1V:'-J ~ (\if~Ar ~ Clty lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) ';:j~~.~dE: of the Clty of Chula Vista , Clty Clerk of the Clty that the above 1S a full, , and that the same has I, of Chula Vlsta, CalHornia, DO HEREBI' CERTIFY true and correct cony of Resolutlon No. not been amended or repealed. DATED City Clerk 210 @ Form No. 342 Rev < 3/74 C'LUl:l 'i,,/::.iL1, C;;~;C ;:~'::..il;J. 92012 RESOLUTION NO. 7272 RESOLu'rION OF THE CITY COUNCIL OF TilE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN TilE CITY OF CHULA VISTA AND AL A. AND SHIRLEY J. SHARAMITARO FOR ENCROACHMENT MAINTENANCE AND REMOVAL FOR PROPERTY LOCATED AT 422, 424 AND 426 EAST "J" STREET AND AUTHORIZING TilE 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 CllULA VISTA, a munlcipal corporatlon, and AL. A. AND SHIRLEY J. SHARAMITARO, husband and wife as joint tenants, for Encroachment Maintenance and Removal for property located at 422, 424 and 426 East "J" Street in the City of Chula Vista, dated the 9th day of April , 19 74 , 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 City Clerk of the City of Chula Vista be, and she is hereby directed to record said agreement in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he lS hereby authorized and directed to execute said agreement for and on behalf of the City of Chula VlSta, Presented by Approved as to form by / ~7 George D. Lindberg, City Attorney George D. Lindberg, City Attorney ADOPTED I,ND APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORNIA, this 9th day of April , 191..i..-, by the followlng vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councllmen None ABSENT: Councllmen None /s/ Thomas D. Hamilton. Jr. Mayor of the Clty of Chula Vista ATTEST /s/ Jennie M. Fulasz Clty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, JENNIE M. FULASZ , City Clerk of the City of Chula Vista, California, DO I:ERE13Y CERTIFY that the above lS a full, true and correct copy of Rosolutlon No. 7272 , and that the same has not bO('11 amene.od Qr repoaled. DATED April 9, 1974 11~nu<< ::91 i\if/J~/ f( ;7 C'lty C cr k 7;;; ? au 211 ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT FOR AL A. SHARAMITARO AND SHIRLEY J. SHARAMITARO, HUSBAND AND WIFE AS JOINT TENANTS AT 422, 424 AND 426 EAST "J" STREET, CITY OF CHULA VISTA THIS AGREEMEUT, made and entered into this [I !b. day of April, 1974, by and between THE CITY OF CHULA VISTA, a municipal cor- poration, hereinafter called "City" and AL i\. SHARAMITARO AND SHIRLEY J. SHARAMITARO, husband and wife as joint tenants ~t 422, 424 ~nd 426 East "J" Street, Chula Vista, California, hereinafter called "Property Owners II ; WHEREAS, Al A. Sharamitaro and Shirley J. Sharamitaro, husband and wife as joint i:enants 'tt 422, 424 and 426 East "J" Street have ap- plied for an encroachment permit to construct a private sewer force main as shown on Chula Vista Drawing No. 73-171D, 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 l1ereto as follows: 1. That Al A. Sharamitaro and Shirley J. Sharamitaro are hereby, pursuant to Encroachment Permit No. 74-17, allowed to construct a private sewer force main on East "J" Street. 2. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility 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 relo- cated by property owners upon nemand in writing by the Director of Public Works. The property owners must remove or relocate said en- croachment 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 pro- perty 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. 6. Property owners further agree to deposit concurrent with the execution of this agreement a pledge of money in the amount of ONE THOUSAND DOLLARS AND NO/CENTS ($1,000.00), which will be main- tained during the life of the permit to be used by the City of Chula Vista solely and exclusively for the purpose of maintaining or re- pairing said sewer line and street right-of-way if maintenance and repairs are necessitated. - 1 - R 7;); 7cz 212 7. This agreement shall be binding upon property owners, their heirs, assigns or successors in interest. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year set forth hereinabove. CITY OF CHULA VISTA ; . ~ . I " lJ" (k' Ii. \ / ,,_,' , _ _-,' J ,.-....... ''\..,,/.-1 - .., / .i'Y-- .,l ^=:J/:<-OVVt<!O / \) ?i-~,," .... c.. . -/ ,- Mayor of the City of Chula Vista ~I t/ -, ..__ _,_ '_. '} ", /ci~y' clll \/r;&Aj' PROPERTY OWNERS //) -------... .--Z Q') /- Approved as "/ ( i,' o ~, -A .".,7" /V/.L;...c;r ~l'--~ tf;/ City Attorney to...f.o~m by / ',' \. //) ,I . ,". >;-_/ J ~ . ~,- 6"v~v7 1'/{::~' ATTEST Attach Notary Acknowledgment. TO 447 C (Individual' STATE OF CALlFORNI A COUNTY OF_ San Diego i On April 9, 1974 } SS. State, personally appeared before me, the undersigned, a Notary Public in and for said AL A. ~naram~taro ana Shirley J_ Sharami~aro . " . x . " ~ tll jw the person _~ whose nam~ are f- III to the within instrument and acknowledged that ~ <,x<,culed the "me. I , known to me subscribed rh..y 1"___...'......."'......O'k~ "". ." ............_. I ~-;"'2:L'-<, OFFICAl. .slAt : ;"..-c:~-'..::-~ LORR.AlNE A. KRAKER . : ~f~~ N"fary P:lb!ic - California : I ~V SAN DieGO COUNlY . II Mv Commbion Expires June 12, 1976 : .._.___H_~__~._.~__.._.... WITNESS my hand and official seal. Signatur~....j'--.O~ a Jf,CvA~-v Lorraine A. Kraker Name (Typed or Printed) (This area for official notarial seal) 74~loaO(;:~ F: C "A'- .0 . ~ l_l.... \,Ilt , 1001 i<E.C~OE.1 j;; If 7/' l ~ &ltl j II.-It..tf[ vLdld AFR if 'sO UI'( 4 O,'F:C:/," !:,ECOROS SMI DIEGO COUNlY.CALlF. IIARLEY F. BLOOH RECORDER - 2 - NO fEE