HomeMy WebLinkAbout1992/09/15 Item 9
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 9/15/92
Resolution II, 8"'~(pproving Encroachment Permit No. PE-262 for
chain link gate across "G" Street at Rohr, Inc.
SUBMI1TED BY: Director of Public wori '
REVIEWED BY: City Manager 1&7 f (4/5 Vote: Yes_No.x.}
Rohr, Inc., has requested that the City issue a temporary encroachment permit to allow it to
install a chain link gate across "G" Street just west of Bay Boulevard. Even though it is to be
a temporary situation, staff felt that it should be considered by Council, since it is closing off
a portion of public right-of-way.
ITEM TITLE:
RECOMMENDATION: That Council adopt the subject resolution, authorize the City Engineer
to issue the permit and direct the City Clerk to record the documents.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
On September 1, 1992, Starboard Financial Corporation, acting as agent for Rohr, Incorporated,
submitted a letter requesting that the City allow the company to install a chain link gate across
"G" Street approximately 80 feet west of the corner at Bay Boulevard (see Exhibit "A"). The
letter of application states that it is to facilitate the construction of the new office complex being
built by Rohr at 850 Lagoon Drive (formerly "F" Street) The letter states further that a new
security plan for this area has become necessary because of the impending completion of the
complex and placement of the gate is required to simplify traffic flow, especially trucks and
delivery vehicles, which, when entering the Rohr property from "G" Street, reach a dead-end
and have difficulty turning around.
The applicant also states that this encroachment is temporary in nature, as Rohr's Master Plan
includes installation of a permanent gate along with a request to vacate this portion of "G" Street
in the near future and the permit will no longer be needed.
The City currently owns right-of-way for "G" Street extending from Bay Boulevard to 750 feet
westerly. The street terminates within the Rohr complex. The street does not extend through
Rohr's property. The street is virtually used exclusively by Rohr's employees and its other
vehicles.
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Page 2, Item
Meeting Date 9/15/92
Council authorized approval of a similar permit in February of 1990 (Resolution 15508, copy
attached). However, the gate was never installed. The permit was limited to a period of one
year and since has expired.
Based upon the facts presented herein, staff recommends that Council adopt the subject
resolution approving the encroachment permit with the following conditions:
1. Fire Department is to be provided a Knox box at the gate containing a key for access.
2. Public Works Operations is to be provided a key to the gate and is to be allowed access
to City facilities at all times.
3. Rohr, Inc. is to reach agreement with San Diego Gas & Electric and University
Cogeneration, Inc. with regard to access to each company's facilities.
4. Rohr will be responsible for maintenance of all public street improvements enclosed by the
gate and fencing.
5. The permit will expire and the gate removed one year from the date of issuance (date of
Council's approval).
FISCAL IMPACT: None.
PE-262
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FILE NO PE.- 2' Z
ENCROACHMENT PERM/T
"en 5T/ZEET @ ROflR CORP
DATE: g/3/92
Recordillg IYqrIMIed by tUId
pkaH IYnmt to:
Public Works Department
Engineering Division Permits
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
~~::2l~~~~~_
APN 571-330-17 & 567-022-30
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
PERMIT NO. PE-262
Application Fee:
Receipt No.:
Inspection Fee:
Reciept No.:
$ 220.00
lOll 7/IJ
$
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted
by the City of Chula Vista (hereinafter "CITY") to: ROHR. INC. (hereinafter "PERMITI'EE")
to do work within a portion of right of way belonging to the City of Chula Vista.
All terms and conditions of this permit as to the PERMITI'EE shall be a burden upon
permittee's land and shall run with the land. All conditions apply to PERM1TIEE and all
hislher/their heirs, assigns, successors or transferees.
Whereas, the PERMITI'EE 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:
A.P.N.: 571.330-17 & 567-022-30
LEGAL DESCRIPTION: A portion of the southwest quarter of the southwest quarter of
Quarter Section 162 and a portion of the northwest quarter of the northwest quarter of
Quarter Section 163 of Rancho de Ia Naclon, in the City of Chula Vista, County of San
Diego, State of California, in accordance with Map thereof No. 188, recorded May 11,
1869, filed in the office of the Recorder of said San Diego County.
PERMISSION Is hereby granted to do the following work: Install chain link gate, six feet
high across "G" Street in accordance with the attached sketch.
PB-W
95
Pili' 1
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 PERMITIEE of private facilities shall be at the sole
expense of PER.MI1TEE.
3. Maintenance, removal or relocation of the abovementioned installation of the private
facilities shall be the sole responsibility of PERMITTEE, and/or PER.MI1TEE'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, and include, but not limited to all of the following:
A. PERMITTEE shall provide the City with a key to the lock on the gate to
allow City Public Works/Operations access to its facilities at any time, day
or night.
B. PERMITTEE is responsible for the maintenance of the portion oC the street
enclosed by the fence and gate.
C. PERMITTEE shall install a Knox security vauh in which the F1re
Department will keep a key to the late.
D.. Reflectors shall be installed by PERMITTEE on the late as directed by the
Traffic En&ineer.
E. 1b~. permit is valid Cor one (1) year from the date oC issuance and the late
removed by PERMITTEE at that time.
F. PERMITTEE shall reach an agreement with San Dielo Gas & Electric
Company and University COleneration, Inc. to allow them access to their
Cacillties.
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
PERMITIEE'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 PERMI1TEE's property.
PE-262
9-t,
Pat' 2
PERMIlTEE hereby agrees to and shall defend CITY, its elective and appointive boards,
officers, agents and employees against any claim, and in any suit or proceeding, at law or in
equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have
been taken under this permit by PERMITTEE directly or by his/her/their agent(s), contractor(s),
or agents or employees of same. PERMITTEE further agrees to and shall indemnify and hold
harmless CITY, its elective and appointive boards, officers, agents and employees, as
indemnitees, for any claim, suit or proceeding submitted, brought or instituted against CITY as
a result of actions taken, or alleged to have been taken, under this permit, including, but not
limited to, any asserted liability for loss of or damage to property or for personal injury,
includinfl death.
The undersigned PERMI'ITEE 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 PERMIlTEE'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.)
"
PB-ZU
9-7
1'tI6' 3
SIGNATURE PAGE TO
AUTHORIZATION FOR ENCROACHMENT
INTO CITY RIGHT OF WAY
CITY OF CHULA VISTA
Permit approved by:
Date:
Clifford L. Swanson, Deputy Public Works Directorl
City Engineer
STATE OF CALIFORNIA ,
COUNTY OF SAN DIEGO f- SS
CITY OF CHULA VISTA .J
On . 19_, before me. the undersigned. City Clerk in and for said City of Chula Vista.
peraoaallyappesred CUFFORD L. SWANSON, personally known to me to be the perIOD who executed the within
instrument as DEPUTY PUBUC WORKS DIRECTOR/CITY ENGINEER, on behalf of the City of Chula Vista,
the corporation therein named, and scknowledged to !me thst such corporation executed the within instrument
punuant to Municipal Code 112.28.030.
Signature:
Beverly A. Authelet, City Clerk
Approved as to Corm:
Bruce M. Boogaard, City Attorney
PROPERTY OWNERlS):
.,'
Date:
Date:
(Notaty to sign next page or attach jurat.)
NOTE: Permittee is to submit a check or money order payable to County of San Diego in
the amount of ~ 17.00 for recordation of this permit.
PE-JD
9-~ /'1..-/7..
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NOTARY ACKNOWLEDGMENT
OF PERMITTEE'S SIGNATURE TO
ENCROACHMENT PERMIT
(Notary to sign this page or attach jurat.)
STATE OF CALIFORNIA ,
rSS
COUNTI' OF SAN DIEGO .J
On
personally appeared
, before me,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she /they executed the same in his/her/their authorized capacity(ies), and that by hislher/their
signature(s). on the instrument the person(s), or the entity upon behalf of which the person's
acted, executed the instrument.
WITNESS my hand and seal.
,.'
Signature
*
t . (This area for official seal) t
,.BoZU 9 ~ 1 ,."" $
~-'~"-
RESOLUTION NO. 15508
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ENCROACHMENT PERMIT NO. PE-200 TO ROHR
INDUSTRIES FOR TEMPORARY SECURITY FENCING ACROSS "G"
STREET WEST OF BAY BOULEVARD
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, Rohr Industries desires to install a security fence across
"G" Street adj acent to its property at Bay Boul evard, and
WHEREAS, in 1 i eu of vacati ng that porti on of "G" Street extendi ng
approximately 650 feet west from Bay Boul evard into the Rohr property, the
City advised Rohr to apply for an encroachment permit, and
WHEREAS, in accordance with Chula Vista Municipal Code Chapter
12.28, all street closings are to be considered by the City Council and all
approvals are to be made by resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve Encroachment Permit No. PE-200 to Rohr
Industri es for temporary securi ty fenci ng across "G" Street west of Bay
Boulevard subject to the following conditions:
1. Permittee shall be responsible for maintenance of the portion
of the street enclosed by the fence.
2. Permittee shall provide a key to the Public Works/ Operations
Division for access at any time.
3. Permittee shall install a Knox security vault in which the Fire
Department will keep a key to the gate provided by Permittee.
4. The permit shall be valid for a period of one year from the
date of issuance.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized
and directed to issue Encroachment Permit PE-200 to Rohr Industries.
Presented by
Approved as to form by
J:f ~p~~
Dlrector of Public Works
,Jl!
<1 -j I
RESOLUTION NO.
/6?ro8"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-262 FOR CHAIN LINK GATE ACROSS "G" STREET
AT ROHR, INC.
WHEREAS, Rohr, Inc. has requested that the City issue a
temporary encroachment permit to allow it to install a chain link
gate across "G" Street approximately 80 feet west of the corner at
Bay Boulevard; and
WHEREAS, the applicant states that this encroachment is
temporary in nature as Rohr's Master Plan includes installation of
a permanent gate along with a request to vacate this portion of "G"
Street in the near future and the permit will no longer be needed;
and
WHEREAS, Council, by Resolution No. 15508, authorized
approval of a similar permit in February of 1990, however, the gate
was never installed and the permit was limited to a period of one
year and has since expired.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve Encroachment Permit No.
PE-262 for chain link gate across "G" Street at Rohr, Inc. subject
to the following conditions:
1. Fire Department is to be provided a Knox box at the
gate containing a key for access.
2.
Public Works Operations is to be provided
the gate and is to be allowed access
facilities at all times.
a key to
to ci ty
3. Rohr, Inc. is to reach agreement with San Diego Gas
& Electric and University Cogeneration, Inc. with
regard to access to each company's facilities.
4. Rohr will be responsible for maintenance of all
public street improvements enclosed by the gate and
fencing.
5. The permit will expire and the gate removed one
year from the date of issuance.
BE IT FURTHER RESOLVED that the city Engineer is hereby
authorized to issue said permit.
1 9~/ 3
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista is hereby directed to record the documents.
Presented by
John P. Lippitt, Director of
Public Works
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