HomeMy WebLinkAboutAgenda Statement 1981/01/20 Item 7
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 1-20-81
ITEM TITLE: Resolution ID~78 Approving encroachment agreement with H. M. Contreras
at 1426 Melrose Avenue
SUBMITTED BY: City Engineer t\r-.J (4/5ths Vote: Yes_ NoX_)
Henry M. Contreras, owner of t~~ property at 1426 Melrose Avenue, requested to encroach
upon a City sewer easement with a proposed room addition. Council approved the encroach-
ment with the condition that the owner enter into an agreement with the City. I hereby
submit subject agreement to Council with my
RECOMMENDATION: That Council:
1. approve the agreement and authorize the Mayor to execute on behalf of the City;
2. direct the City Clerk to forward agreement to the County Recorder for recordation.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
On November 3, 1980, Stephen Kirby, acting as agent for the owner of 1426 Melrose Avenue,
submitted a request to build a room addition upon the sewer easement located on the north
side of the property. After thoroughly researching the available records, it was
determined that this encroachment would pose no problems within the foreseeable future.
At its meeting on January 13,1981, Council approved the encroachment permit with the
condition that Mr. Contreras enter into an agreement with the City. The agreement
includes the following conditions:
1. In the event that excavation to repair or replace the sewer main is necessary,
the City will be held harmless from any liability for damage to the structure
within the easement resulting from said excavation.
2. The owner.shall be responsible for any added cost of sewer repair or replacement
occasioned by the existence of the encroachment.
Mr. Contreras has signed the agreement and it is now ready for execution by the City.
I recommend that Council authorize the Mayor to sign the agreement on behalf of the
City and, due to the nature of the encroachment, direct the City Clerk to submit the
agreement for ~ecordation in the Office of the County Recorder.
FISCAL IMPACT: None
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by the City Council of
Chula Vista, Clllifornia
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d _/~.2g ~81
Date " _
Form A-113 (Rev. 11/79)
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EXHIBITS
Agreement_____ Resolution~ Ordinance_____ Plat_____ Notification List
Other
ENVIRONMENTAL DOCUMENT: Attached
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