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HomeMy WebLinkAboutReso 1974-7341 /;;'- RESOLUTION NO. 7341 RESOLUTION OF THE CITY iCOUNCIL OF THE CITY OF CHULA VISTA GRANTING AN ENCROACHMENT REMOVAL PEm1IT TO MR. RICHARD SCHURICHT 9BA AZTEC TV AT 836 BROADWAY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Coundil has heretofore received a request from Mr. Richard Schurictit dba Aztec TV at 836 Broadway in the City of Chula vista to al~ow a pole sign to be relocated into the public right of way, an~ WHEREAS, the City Counqil, having reviewed the problem created by the erection of a bui~ding contiguous to the property of the applicant, which building 'totally blocks the applicant's pole sign at this present locatiqn and makes it extremely diffi- cul t for the applicant to identifiY his business by means of any signing upon his property, has indicated its willingness to allow the encroachment of the sign in tts present configuation within the street right of way for a pe~iod not to exceed 8 years. NOW, THEREFORE, BE IT ~SOLVED that the City Council of the City of Chula Vista does hereby grant the applicant that certain encroachment removal per~it, attached hereto and incor- porated herein by reference as if set forth in full. BE IT Chula Vista be, permit. FURTHER RESOLVED 'that the Mayor of the City of and he is hereby authorized to execute said Presented by Approved as to form by c/~~ Lane F. Cole, Director of Public Works City ADOPTED AND APPROVED VISTA, CALIFORNIA, this 25th the following vote, to-wit: b~ the CITY COUNCIL of the CITY OF CHULA day of June , 1924-, by AYES: Councilmen Egdahl, SClott, Hobel, Hamil ton None NAYES: Councilmen ABSENT: Councilmen Hyde 1 / 1; , ATTEST, ",~;'l "?l.~ 7 7 ~l.Le~ ,- City Cler ~ ~~.~~Q Mayor of the C1ty of Chula Vista v STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I I ., Chula Vista, California, DO HERE~Y CERTIFY true and correct copy of Resolut~on No. been amended or repealed. DATED City Clerk of the City of that the above is a full, , and that the same has not City Clerk Encroachment Applica~jon Rece-j r)t Encroachment PeY'rni t Receipt rE'f' ., No. l._-C.: ._._-',._~-- _.~- _._--. i No. AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT OF WAY Perm it No. 74-31 Pursuant to Article III, Section 27.3, Chula Vista the City of Chula Vista, permission is hereby granted to (Richard Schu ri cht) to do work wi thi n the publ i c of way of the City of Chula Vista. City Code of Aztec TV street right Whereas, the permittee has requested the permission Chula Vista to encroach on the pu~lic right of way lying cent to that property known as 83 !6 Broadway Street Address relocate the existing pole sign at the lqcation within the public right of way as shown on Exhibit "A", attached hereto of the City of directly adja- to: Now, therefore, in consideration 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 encroachment on the real property cf the City of Chula Vista described above in accordance with the following conditions: 1. Said installation shall,in no 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, removal, or relocation of the above mentioned installation shall be the sole re~ponsibility of the permittee, lessee, or the representative of the owne~, or lessee, or his successor in interest, at no expense to the City of Chula Vista. 3. of Chula herein: Said installation shall conform to the standards of the City Vista ~nd shall conform with the regulations as set forth nIl r 1C 0.....";("0'"' 0/7? ..--, -;i <''-/1 . -1;" ,,--,, Page I of 3 flUTHOR I ZAT I ON FOR ENCROAC~!"~~It~.!l)_ I Cc-B I GHT OF 1".'" 'fU-\. ~ It is understood and agreed that permittee or his successors in interest continuing to operate under the rame of Aztec TV shall remove the sign and the pole and conduits leading toi the sign eight (8) years from the date of this permit on or before June: 25, 1982, and shall repair the right of way area in accordance with the requirements of the City. Further, it is understood that the right ~o this encroachment does not pass to any other business enterprise operating under a name other than Aztec TV.' In the event that the Aztec TV business shall cease its operations, it is understood that: This permit is revocable upon thirty (30) days notice to the permittee, or his successor in in~erest, and upon such notice the encroachment must be removed, or nelocated, as may be specified by the permittor at permittee's expe~se at the said time. Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may ari~e from permittee, or any of sub- contractors' operation~ under this permit, whether such operations be by permittee, or by a sub-contractor, or sub-contractors, or by anyone or more persons directly Dr indirectly employed by, or acting as agent for permittee, or any su~-contractor or sub-contractors. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointive boardsi, 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 p~rt 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 herei n 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 ~ust be removed, or relocated, as designated by the City, at the ex~ense of the permittee, or his successor in interest. ~- MAYOR OF THE CPY OF CH~,..\A Y}STA. ",'t" B:A-;JIc~)~~.lJ I~Ll~'/ Date June 25, 1974 ;~ /~ ?' Signed I t~~.k'-<-/ '&2./-<"" ~ Date h- 8/- 7 J;I. PW-E-15 ') ,4~, / ~,I_)71 Page 2 of 3 AUTHORIZATION FOR ENCROAC~MENT IN PUBLIC RIGHT O~ WAY STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS On this 21st day of June ,19 74 , before -me Lorraine A. Kraker a Notary Public in and for the duly commissioned and sworn, pers~nally Schuricht said County of San Diego, State of California, residing therein Mr~ Richard appeared personally known to me to be the person whose name subscribed to the within instrument, and he duly acknowledged to me that __he~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in ,the County of San Diego, the day and year in - thi s certi fi cate fi rst above wri tten. (/) ""-Q"~UJ (L. ~jtjV Notary Public in and for the County of San Diego, State of California My commission expires ,T:,rV e- 18, /q 7(,0 p..--.......--------....... 'e-. OFFICIAL SEAL : . LORRAINE A. KRAKER . : . f .. N.:;tory Public - California : .. SAN DIEGO COUNTY . I . I Mv Commission Expires June 12, 1976 .1 ,.....__u________,._______ r? /3<1/ 3 of 3