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HomeMy WebLinkAboutReso 1976-8161RESOLUTION N0. 8161- RESOLUTION OF THE CITY COUNCIL OF `THE"CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RUSS AND MARGE BULLEN FOR ENCROACHMENT MAINTENANCE AND REMOVAL FOR PROPERTIES AT 159 AND 169 CAMINO DEL CERRO GRANDE AND AUTHORIZING THE MAYOR TO EXE-CUTE 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 CHULA VISTA, a municipal corporation, and RUSS AND MARGE BULLEN, for encroachment maintenance and removal for properties at 159 and 169 Camino del Cerro Grande dated the 3rd day of May 1976 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Director of Public Works be, and he is hereby authorized to issue an encroachment permit for 159 and 169 Camino del Cerro C;rande. 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 G%C/. William Robens, Director of Public Works Approved as t f rm by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of May , 19 7h , by AYES : Councilmen Egdahl, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen Scott ;., ~„ Mayor of the City of Chula Vista ATTES City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss . CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT FOR RUSS AND MARGE BULLEN AT 159 AND 169 CAMINO DEL CERRO GRANDE, CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 3rd day of May , 1976 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RUSS AND MARGE BULLEN, 159 and 169 Camino del Cerro Grande, Chula Vista, California, hereinafter called "Property Owner"; W I T N E S S E T H WHEREAS, Russ and Marge Bullen, have applied for an Encroach- ment Permit to construct a private sewer force main as shown on Chula Vista Drawing No. 74-203D, and WHEREAS, it is desired that an Encroachment Maintenance and Removal Agreement be executed in conformance with Section 12.28.050 of the Chula Vista Municipal Code, and WHEREAS, it is necessary to secure the performance guaranteed pursuant to this agreement by the deposit of the sum of ONE THOUSAND DOLLARS. AND NO/CENTS ($1,000) in the form of a savings passbook Account No. 42-61986-6. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Russ and Marge Bullen are hereby, pursuant to Encroach- ment Permit Number 76-14, allowed to construct a private sewer force main on Camino del Cerro Grande. The encroachment on the public right of way contemplated shall extend from the Bullen properties identified herein as Assessor's Tax Parcel Number 593-042-21 and 593-042-22, at the northerly terminus of the cul-de-sac of Camino del Cerro Grande to the existing sewer manhole on Camino del Cerro identified on the drawings herein and above. Said line shall run in the location set forth in Chula Vista Drawing No. 74-203D in accordance with Encroach- ment Permit Number 76-14. 2. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the contractor and owner and successor in interest, who shall hold the City harmless with respect thereto. Property Owners, their heirs, successors and assigns additionally agree to indemnify the City and to provide legal counsel of the choosing of the City with regard to any litigation involving the private sewer force main which is con- templated by this agreement. 3. This agreement is made for the direct benefit of the Property Owner's parcels of land. 4. The encroachment shall be abandoned, removed or relocated by Property Owners upon demand in writing by the Director of Public Works. The Property Owners must remove or relocate said encroachment within thirty (30) days after such notice. If the owner fails to remove or relocate the encroachment within the period allotted, the Director of Public Works may cause such work to be done pursuant to Section 12.12.100 of the Chula Vista Municipal Code. 5. To secure the performance set forth in this agreement, Property Owner hereby agrees and City accepts a certificate of deposit. the account number of which is listed above, payable to the City of Chula Vista in the amount of $1,000. Should any provision which is f required by this agreement be breached, said sum as is necessary to secure performance of the agreement shall be forfeited to the City of Chula Vista. The liability of Property Owner, however, for nonperfor- mance of this agreement shall not be limited to the amount deposited pursuant to the certificate of deposit. It shall be understood addi- tionally that all interest payable to Property Owner from Central Federal Savings and Loan Association of San Diego on the $1,000 de- posited in a certificate of deposit is and shall remain the sole property of the depositor in accordance with the assignment signed by Russ Bullen, attached hereto. 6. Said Encroachment Maintenance and Removal Agreement for buildings or structures built over or upon the public rights of way shall be recorded in the Office of the County Recorder of San Diego County, and shall constitute an obligation and burden upon said pro- perty provided, however, that said agreement encompassing encroach- ments authorized by the Director of Public Works pursuant to Section 12.28.030 of the Chula Vista Municipal Code need not be recorded. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year set forth hereinabove. CITY OF CHULA VISTA Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by / V City torney PROPERTY OWNER /~~ Russ Bullen ~~ ge Bul e (Attach Notary Acknowledgment) - 2 -