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Home My WebLink About1994/08/09 Item 14 COUNCIL AGENDA STATEMENT Item-,!/- Meeting Date 8/9/94 ITEM TITLE: J7~ II Resolution approving Encroachment Permit No. PE-309 for monument sign at 374 "H" Street and authorizing City Engineer to Issue same SUBMITTED BY: f;i REVIEWED BY: City Manage~ (4/5 Vote: Yes_ NoX) Mr. Gil Turollols, the owner of the medical offices building at the southwest corner of "H" Street and Glover Avenue, has requested an encroachment permit to construct a monument sign within the City's rights-of-way. According to Section 12.28.020 of the Municipal Code, Council must consider approval of the request. RECOMMENDATION: That Council adopt the subject resolution approving Encroachment Permit No. PE-309 and authorizing City Engineer to issue same. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The property at the southwest corner of "H" Street and Glover Avenue is a medical offices building. In order to achieve high visibility for the name of the medical offices building, the owner has proposed to place a monument-type sign on "H" Street. As part of the development, the owner was required to dedicate enough street right-of-way for the future widening of "H" Street. As a result, the requirement to place the sign on private property would preclude the sign being easily seen by motorists. Consequently, V.H.L. Design Associates, acting as agent for the owner, has requested that the City issue an encroachment permit to allow the sign to be located within the City's right-of-way (see Exhibit "A"). This request was reviewed by the Planning Department. Its response was that the sign was considered and approved in accordance with Zoning Ordinance requirements during the review of the building permit application plans. The sign is seven feet wide by six feet high. In order to maintain sufficient visibility of pedestrians by motorists exiting the driveway on "H" Street, the placement of the sign is being restricted to a minimum of five feet from the back of the public sidewalk on "H" Street. (See Exhibit "B" for sketch of sign and Exhibit "A" for sign location.) 1'1-/ Page 2, Item_Jlf Meeting Date8/9i'94 The permit contains clauses to ensure that the sign will be maintained (including graffiti-free) by the owner and, when widening of the streets occurs, any needed relocation of the signs will be at the owners expense. It is staff's recommendation that the permit be approved and remain valid until such time as the street is widened and relocation or removal is necessary. FISCAL IMPACT: None. Attachments: Exhibits "A" & "B" JGA; File No. PE-309 lM:IHOMEIENGINEERIAGENDA IPE-309.JGA] IJI-.). RESOLUTION NO. } 7 ~ II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ENCROACHMENT PERMIT NO. PE-309 FOR MONUMENT SIGN AT 374 "H" STREET AND AUTHORIZING CITY ENGINEER TO ISSUE SAME WHEREAS, the owners of the retail center being built at the southeast corner of East "H" Street and Otay Lakes Road have requested an encroachment permit to construct two monument signs within the City's rights-of-way; and WHEREAS, according to section 12.28.020 of the Municipal Code, Council must consider approval of the request; and WHEREAS, it is staff's recommendation that the permit be approved and remain valid until such time as the street is widened and relocation or removal is necessary. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve Encroachment Permit No. PE-309 for monument sign at 374 "H" Street subject to conditions required by said Encroachment Permit. BE IT FURTHER RESOLVED that the city Engineer of the city of Chula vista is hereby authorized to issue said Encroachment Permit No. PE-309. Bruce M. Attorney Presented by John P. Lippitt, Director of Public Works G:\rs\encper.309 1'1- J II j./ II grREc T - - \ I If $1f)6WALKJ g' I 5' Zr,' MtJA!lIMcfolT 11 I ,sIGN - , 'C --~ -- ..- r- .... , I PRoP. i./A/Ec:i I ltJ ~ ~ ../ ~ #374 IJ..l ~ ~ -..J ---- ~ I I I ~ I\. ~. f!:J'l( ". ~ ~. 1.II-4/lif-6 I FILE NO. PI:' '309 OWN BY: ~XH\B -r IIAIl DATE: Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Affects A.P N.: 573-010-09 Permit No. PE-309 AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY / , i APp~n Fee: Rec~i;;'~o. : InspectioQ Fee: Receipt Np.: \ I /~~ /~J \,/ $ 250.00 130808 $ 123.00 Pursuant to ~12.28 of te Chula by the City/of Chula Vista (hereinafter (hereinafter "PERMITTEE") t6 do work , of Chula Vista. / \~_// All terms and conditions of this permit as to the PERMITTEE shall be a burden upon permittee's land and shall run with the land. All conditions apply to PERMITTEE and all their heirs, assigns, successors or transferees. ista Municipal Code, permission is hereby granted CITY") to: Gildardo Turullols and Victor Uranga ithin a portion of right of way belonging to the City Whereas, the PERMfPTEE has requested the permission from CITY to encroach on CITY's right of way adjacent to and for the direct benefit of the following described property: ADDRESS: 374 "H" Street A.P.N.: 573-010-09 LEGAL DESCRIPTION: The easterly 100 feet of lots 7 and 8 of L.C. Oakland's Subdivision, according to map thereof No. 1421, recorded in the County Recorder's Office of San Diego County on March 8, 1912, and the westerly 10 feet of Glover Avenue as shown on said map No. 1421, contiguous to said lots 7 and 8. Exceoting therefrom, the northerly 18 feet. M:\HOMElENGlNEERIPERMrI'S\PE309.JA /'/-7 Page 1 PERMISSION is hereby granted to do the following work: Construct a 6 feet high by 7 feet wide monument sign, perpendicular to "H" Street, a minimum of 5 feet from the back of sidewalk. Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Permission is hereby granted PERMITTEE to install the above-mentioned encroachment on the real property of CITY described above in accordance with the following conditions: 1. The encroachment shall be installed and maintained in a safe and sanitary manner as determined by CITY. 2. Said installation shall, in no way interfere with any existing utility, including but not limited to storm drain lines owned and maintained by CITY. Any changes of or to any utility due to the installation by PERMITTEE of private facilities shall be at the sole expense of PERMITTEE. 3. Maintenance, removal or relocation of the abovementioned installation of the private facilities shall be the sole responsibility of PERMITTEE, and/or PERMITTEE's lessee, should there be any, at no expense to CITY. 4. Said installation shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. 5. PERMITTEE shall apply an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works. 6. PERMITTEE shall immediately remove any graffiti from the encroaching object. 7. CITY shall have the right to remove graffiti or paint the encroaching object, the paint being provided by PERMITTEE. This permit is revocable upon thirty (30) days written notice to the permittee, and upon such notice, the installation must be removed or relocated, as and when specified by CITY, at PERMITTE'S cost. If PERMITTEE fails to remove or relocate the encroachment within the period allotted, CITY may cause such work to be done and the cost thereof shall be imposed as a lien upon PERMITTEE's property. PERMITTEE shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the PERMITTE, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. PERMITTE's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred M: IHOMEIENGlNEERIPERMlTS\PE309.JA jt.lr Page 2 by the City, its officers, agents, or employees. PERMITTE's indemnification of City shall not be limited by any prior or subsequent declaration by the PERMITTEE. The undersigned PERMITTEE hereby accepts the foregoing encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of PERMITTEE's encroachment or PERMITTEE's rights under this encroachment permit should interfere with the future use of the CITY's right of way by the general public, it must be removed or relocated at PERMITTEE's expense and such right shall be terminated as and when indicated by CITY. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. (End of page. Next page is signature page.) M: \HOMElENGlNEERIPERMlTS\PE309.JA ;1'9 Page 3 SIGNATURE PAGE TO AUTHORIZATION FOR ENCROACHMENT INTO CITY RIGHT OF WAY CITY OF CHULA VISTA: Pennit approved by: Date: CLIFFORD L. SWANSON DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (Notary to attach acknowledgment to next page.) PROPERTY OWNERIS): Date: GILDARDO TURULLOLS Date: VICTOR URANGA (Notary to attach acknowledgment to next page.) Approved as to form: BRUCE M. BOOGAARD, CITY ATTORNEY NOTE: Permittee is to submit a check or money order payable to County of San Diego in the amount of $23.00 for recordation of this permit. Attachments: Exhibits A & B M: \HOME\ENGlNEERIPERMIIS\PE309.JA /1/'11) Page 4 ~ ~ ~ ~ M: \HOMElENGlNEER\PERMIT'S\PE309.JA PAGE FOR ACKNOWLEDGMENTS (Notary to attach acknowledgment.) City Clerk to attach acknowledgment.) /'/'// Page 5