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HomeMy WebLinkAboutReso 1980-10378 e-1v1 Form No. 342 Rev. 2/76 RESOLUTION NO. 10378 RESOLUTION OF' THE CITY' COUNCIL-OF-'''I'HE''CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF C~ULA VISTA AND HENRY CONTRERAS, IN CONJUNCTION WITH APPROVAL OF ENCROACHMENT PERMIT NO. 81-2 AND AUTHORIZING THE 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 agr~ement bet~en THE CITY OF CHULA VISTA, a municipal corporation, and' HENRY CONTRERAS, in conjunction with approval of Encroachment Permit No. 81-2 for construction of a room addition over a part of the City's sewer main dated the 12th day of January , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~ George D. Lindberg, City Attorney ~L (~r- JO~rlP. Lippitt, City Engineer ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th dayof .January , 19~, by Gillow, Hyde, Cox, McCandliss, Scott AYES: Councilmen NAYES: Councilmen None ABSENT: Councilmen None (~;jji 'l(~' 'm~~~Aw~;A Mayor of the City of Chula AT~y~e~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) Vista I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk , I .._---- - - 1.....J~ M. Fulasz, City Clerk P. O. Box 1037 ~uln Vista, Cilifomia 9WU /2d/ . Rev'., 2/76 RESOLUTION NO. 10378' RESOLUTION OF THE CITY COUNCIL OY'TIlE"CrTY OF CHULA VISTA, APPROVING AGREEMENT BET\'iEEN THE CITY OF CHULA VISTA AND HENRY CONTRERAS, IN ('0N,JUNC:TIOF T^lITE l',P;>"OV.".:c. OF ENCROACHMENT PERMIT NO. 81-2 AND AUTHORIZING THE ~u~YOR 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 ('HULl, VISTA., a municipal corporation, and' ilENRY CONTRERAS, in conjunction with approval of Encroachment Permit No. 81-2 for construction of a room addition over a part of the City's sewer main dated the ~~day of January , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though approved. Vista be, agreement , .<C')("") "CE :;:;::j sa ,;.< -< ;;0 ~'7'. g rr1 g]", I (") ~:!:i..t=- fn BE IT F~RTHER .RESOLVED that the M<;,-yor of the C,ity ,<e~ C~~1~7 and he 1S hereby author1zed ana d1reCtea to execu&~,sa"-"€i "'; for and on behalf of the City of Chula Vista.: ~~:- ~:J m> en Approved as t02torm by Presented by /5/ John p, Lippitt John P. Lippitt, City Engineer ~~?~~7 George D: Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of January , 1981 ,by AYES: Councilmen Gil1nw) Hyop.! r.ox, Ml.r.~nrlli~s Sc.ott HAYES: Counc:Llmen None ABSENT: Councilmen None /s/ Will T. Hyde Mayor of the City of Chula Vista AT'l'ES'l' /5/ Jennie M. Fulasz Ci :::i Clc.~':':: 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 HEREBY CERTIFY that the above is a full, true and cor~ect copy of Resolution No. 10378 ,and that the same has 0' ,_ not been amended ,or repealed. DATED January 21, 198L .....,.."f.'.,.""-'. ~ . ,. '" r:''''' ,:,..., ';." '~"ii "'\l; ..t1'~'7;,I' "'-C' }'~~ .~,"'.~, . ~ .;' "i....i,:.~ ....,:.' C"'.... ('~"\, . ~ "f"~ ~..._~_._. .~~ / / / .'I'~~(~::-:',:~:>:"':."\, {/ City Clerk -tr:tJ/ , '\'j'~J:-" . .. .... . }'. . . ~ ..i'" J ' t '''. ',... I, _ ,', "lYe, ~/ .. ',,, '. "t~,~{;. .<',:." , ,:1/ ' ! 0 5'0::>:\ \~,!~~~. 81-022684 FILE/PtiGE NO. B (j G i(, r g <f,"='--'-- RECOROf:iJ rlfGUEST OF Qi ~ I C~-.vh.-t Ie{ V\~ AGREEMENT WITH HENRY CONTRERAS IN CONJUNCTION JAN 23 II 01 AH 'e I '" WITH APPROVAL OF ENCROACHMENT PERMIT NO. 81-2 OFFICI!,,_ :;['_:Or,D~ FOR CONSTRUCTION OF A ROa1 ADDITION OVER A SAN DIEGO CuUIITY. Ct. PART OF THE CITY'S SEWER MAIN VERA L. ULE RECORDER (!fO Ffi THIS AGREEMENT, made and entered into this I~UL day of January, 1981, by and between THE CITY OF CHULA Vl~TA, a municipal corporation, hereinafter called "City", and HENRY""-CONTRERAS of 1426 Melrose Avenue, Chula Vista, CA, hereinafter "Owner"; 1952 81-022684 WIT N E SSE T H : WHEREAS, the City Council of the City of Chula Vista has heret).t?re approved an encroachment permit, No. 81-2, allowing Henry Contreras, property owner at 1426 Melrose Avenue, in the City of Chula Vista, to construct a room addition on land over a part of the City's sewer main, and WHEREAS, the City desires Owner and his successors in interest to hold it harmless from any damage that might result to said structure in the event said sewer main requires repair or maintenance in the future. . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: 1. Owner agrees that City, or any officer or employee or contractee thereof, shall not be liable for any injury to person or property belonging to Owner as a result of necessary activities of City in the repair or maintenance of the City sewer main located in the easement for which the encroachment permit for the construction of a room addition has been granted. Owner further agrees to protect and hold harmless City, its officers, employees and contractees, from any and all claims, demands, causes of action, liability or loss of any sort, arising out of such necessary repair or maintenance work on said sewer main. 2. Owner further agrees that he shall pay to the City any added costs for sewer repair which may result from the loca- tion of said structure over said sewer main easernenL 3. This agreement shall run with the land and shall be binding upon Owner, his heirs, assigns and successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OWNER: ~<l the City of Chu ~~a.L--- e .0 treras Mt,/I ATTES Approved as to form by .~ ?~ / . George D. Lindberg, City Attorney ;1:~. / (),3/J) I.