HomeMy WebLinkAboutReso 1975-7923Farm No. 342
Rev..- 3j7~4
RESOLUTION N0, 7923
RESOLUTION OF TF~E CITY COUNCIL OF TfiE CITY Or CHULA
VISTA, APPROVING AGREEMENT BETWEEN 'T~.E CITY OF CHULA
VISTA AND ROHR INDUSTRIES, INC., FOR THE CONSTRUCTION
OF A PRIVATE RAILROAD SPUR WITHIN THE PUBLIC RIGHT OF
WAY AT "G" STREET, WEST OF BAY BOULEVARD
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 agreement
between THE CITY OF C~IULA VISTA, a municipal corporation, and
ROHR INDUSTRIES, INC., for the construction of a private railroad
spur within the public right of way at "G" Street, West of Bay
Boulevard
dated the 13th day of October , 19 75 a cop~r of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approvedz
BE I:T FURTF~ER 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 V~sta~
Presented by
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Geor"ge D. Lindberg, City Attorney
Approved as to form by
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Georg€~ D. Lindberg, City Att~fney
ADUPTSD AND APPROVL'D by the CITY COUNCIL of the CITY OF Cf-'ULA
VISTA, CALIFORNIA, this 14 day of October , 19_75 by
the follow~nc, rote, to-wi_t:
AYES: Councilmen
NAYES: Councilmen
ABSENT: Councilmen
Hyde, Egdahl, Scott, Hamilton
None
None
ABSTAIN: Councilmen Hobel
P'tayor of the C ity of Chu`1a V ~.sta
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AT'TES T ." ~Z~l~LG~
/ City Clerx
STATE OF CALIFOR~JIA)
COUNTY OF SAN DIErO) ss.
CITY OF CHULA 'VISTA.)
I, , City Clerk of the City
of Chula Vista, Cal~fc~rnia, DO HEREBY CERTIFY that the abe~~e is a full,
true and correct copy of Resolution No. and that the same has
not been amended car repealed . DATED
City Clerk
FILE/~ACC~tf'-89482 ~~
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P~Er~~~ n~~i ROOK ~"~
. R~QORDR® RROUR
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~ennie Ni. Fulasz, Ciry Clerk ~Q- -
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Chula Visa, California 9201.1 ~
Q~FICIAL I't~CORDS
RL'SOLUTION N 0. 7923 SAMOIECOCOtJNfiY~CALIF
HA RECOR ~~ Ahl NO FF~
RESOLUTIO:v OF TIIE CITY COU NCIL OF Tlii; CITY Or CIIULA ~~
VISTA, APPROVI;IG AGREE^IENT BETiiEEN TI:E CITY CF C}1:.`LA
VISTA Ai~D ROHR INDUSTRIES, INC., FOR THE CONSTRUCTION
OF A PRIVATE RAILROAD SPUP. WITHIN THE PUBLIC RIGHT OF
WA1' AT "G" STREET, WEST OF BAY BOULEVARD
AND r'~UTIiORIZI"~G TilE ;•1AYGR TO EXECUTE Si'iLD AvRI'Ef1F.NT
The City Council of the City of Chula Vista c'c:~~ i,:,r•~by
resolve as follo4:s:
NOt~;, TI?EI?EFO_~E, BE IT RESOLVED that that certain aar.^,.r:~ent.
between THE CI'T1' OF C,iULA VISTA, a municipal cor_ooraticn, and
ROHR INDUSTRIES, INC., for the construction of a private railroad
spur within the public right of way at "G" Street, West of Bay
Boulevard
dated the 13th day of October 1975 a copy of_
which ~s attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved,
BE IT FURTL'ER RESOL'JED that the Mayor of the City of Chula
Vista be, and he is hereby authorized ar_d. directed. to execute said
agreement for and on behalf of the City of Chula Vista,
Presented by Apnr.ovc.d as to form. b„
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Geor D. Lindberg, City A -ney /'George ~indlierg, City Attorney
v'
ADOPT'?,D AND APPROVED by the CITY COUNCIL, of the ~'II'i' Or' CI'Ui_:.
VISTA, CALIFO_RNLA, tr.is 14thd_ay of October_ __, 19 75_, b:.
the follo~•~inc vote, to-wi_t:
AYES: CounciLnen Hyde, Egdahl, Scott, Hamilton
NAPES: Councilmen None
ABSENT: Ccuncilmmen None
ABSTAIN: Councilmen Hobel
/s/ Thomas D. Hamilton, Jr.
PZayor of the City cf Chula V~~ta
ATTEST /s/ Jennie M. Fulasz
City C1erx
STA'iE GF CALIFCi~~IAi
COU'~TY OF SF:*? DIE~01 ,~.
CITY OF CIIULA \jiSi'1~)
I, JENNIE M. FULASZ City Clerk of the C~.ry
of Chula Vista, Cali°c~rnia, DO I:EP.EBY CEItTiFY that the above is a Lul l.,
true and correct cor;y of Resolution No. 7923 and that the ssnie h<~s
not bcr_•n arnend~=d or ~c~r~ealcu. DATED Octo-ber~T4, 1975 _
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ENCROACHMENT, MAINTENANCE AND REMOVAL AGREEMENT
WITH ROHR INDUSTRIES, INC., FOR THE CONSTRUCTION
OF A PRIVATE RAILROAD SPUR WITHIN THE PUBLIC RIGHT
OF WAY AT "G" STREET, WEST OF BAY BOULEVARD, IN
THE CITY OF CHULA VISTA
THIS AGREEMENT, made and entered into this 13th day of
October 1975, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter referred to as "CITY"
and ROHR INDUSTRIES, INC., a corporation, hereinafter referred to
as "PERMITTEE";
W T T N E S S E T H
WHEREAS, Rohr Industries, Inc. has heretofore submitted
an application for an encroachment permit for a private railroad
spur to be constructed within the public right of way at "G" Street,
west of Bay Boulevard, pursuant to Section 12.28.050 of the Chula
'Vista Municipal Code, and
~t1HEREAS, said encroachment permit, No. 7539, has been
prepared and it is now necessary to obtain Council authorization
by approval of a maintenance and removal agreement for said encroach-
. ment, in accordance with the provisions of Chapter 12.28 of the Chula
'Vista Municipal Code, and
WHEREAS, Permittee has requested the permission of the
City of Chula 'Vista to encroach upon the public right of way lying
directly adjacent to that property known as "G" Street, west of
Bay Boulevard, and said encroachment will be a railroad spur, consist-
ing of two tracks, crossing "G" Street west of Bay Boulevard and
approximately 100' west of the Coronado Branch of the San Diego and
:~zizona Eastern Railway.
NOW, THEREFORE, in consideration of their mutual promises,
and other good and valuable consideration, .the parties hereto agree
as follows:
Permission is hereby granted to install the above mentioned
encroachment on the real property of the City of Chula Vista described
above in accordance with the following conditions:
1. Said installation shall, in no way, interfere with
any existing utility. Any changes of any utility due to the instal-
lation shall be at the sole expense of the Permittee.
2. Maintenance, removal, or relocation of the above mentioned
installation shall be the sole responsibility of the Permittee, lessee,
or the representative of the owner, or lessee, or his successor in
interest, at no expense to the City of Chula Vista.
3. Said installation shall conform to the standards of
the City of Chula Vista and shall be installed in a location as
approved by the City pursuant to Encroachment Permit 75-39. Permittee
shall encase the existing 10" asbestos cement sewer force main within
the encroachment area. Length of the encasement is approximately 100
lineal feet and shall be done in accordance with Chula Vista Standard
Drawing No. 306.
4. Permittee agrees to post a bond or other suitable
security concurrent with the approval of this agreement in the amount
of $4,000.00 to guaranty the removal of said railroad spur.
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5. Permittee shall reimburse the City for all costs incurred
by the City for the installation of any railroad crossing protection
devices required by the California Public Utilities Commission.
This permit is revocable upon one hundred eighty days (180)
notice to the Permittee, or his successor in interest, and upon such
notice the encroachment must be removed, or relocated, as may be
specified by the Permittor at Permittee's expense at the said time.
Permittee hereby agrees to, and shall hold the City of
Chula Vista, its elective and appointive boards, officers, agents
and employees, harmless from any liability for damage or claims for
damage for personal injury, including death, as well as from claims
for property damage which may arise from Permittee, or any of sub-
contractors' operations under this permit, whether such operations
be by Permittee, or by a sub-contractor, or sub-contractors, or by
any one or more persons directly or indirectly employed by, or acting
as agent for Permittee, or any sub-contractor or sub-contractors.
Permittee agrees to, and shall defend the City of Chula Vista and
its elective and appointive boards, officers, agents and employees,
from any suits or actions at law, or inequity for damages caused,
or alleged to have been caused, by reason of the aforesaid operations..
The undersigned Permittee hereby accepts the foregoing
encroachment permit upon the terms above set forth and agrees to all
of the conditions and covenants on its part to be performed. It is
understood and agreed that, in addition to the above conditions,
covenants, requirements and fees as indicated in Chapter 12.28 of
the Chula Vista Municipal Code are incorporated herein by reference,
as if set forth in full. It is further agreed that if any part of
this interferes with the future use of the street right-of-way by
the general public, it must be removed, or relocated, as designated
by the City, at the expense of the Permittee, or his successor in
interest.
IN V?ITNESS [~1HEREOF, the parties hereto have caused this
agreement to be executed. the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA ROHR INDUSTRIES, INC.
Titl ~ GROUPI ICE PRESIDENT AEROSPACE
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City Attorney
(Attach Notary Acknowledgment)
STATE OF CAIIEORNIA
COUNTY OF SS.
SAN DIEGD
on October 13, 1975
before me, the undersigned, a Notary Public in and for said State,
personally appeared- ~2rORle ~ ~ F111 C10tt0
LL I known to me to be the person whose name_~_S__
~ subscribed to the within instrument and acknowledged that
- he -executed the same.
..2 n, N WITNESS my hand antl official al. ~ ~ ~~/
„R„a,,,,,,,,"~,n u,N:otany~~Rubti~ in and for said
.:,w,;:;r...:.::.awmabw~uu+p OFFICIAL SEAL =
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NOTARYPUBLIncArF~N~tA
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Approved as to form by
FiOND i10: MNR 944786 SURETY BOND PREMIUM: S 40.00
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iNSURANCE C0~11PANY OF NORTH A;11F.RICA PHILADELPEIIA
Know all Men By these Presents, That we, ROHR INDUSTRIES, .INC.
(hereinafter called "Principal"), as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Cor-
poration organized and existing under the laws of the State of Pennsylvania, and authorized to transact
business in the State of CALIFORNIA , (hereinafter called "Surety"), as Surety, are held and
firmly bound unto CITY OF CHULA VZSTA
(hereinafter called "Obligee"), in the penal sum of FOUR THOUSAND AND NO/100 ----------------
Dollars (s 4,000.00 ), good and lawful money of the United States of America, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
SEALED with our seals and dated this 13TH day of OCTOBER
A. D. 19 7 5
WHEREAS, the above botmden Principal has entered into a certainwritten agreement with
the above Obligee, dated the 13th day of October, 1975 which agreement
reads in part as follows:
"4. Permittee agrees to post a bond or other suitable security concurrent
with the approval of this agreement in the amount of $4,000.00 to
guaranty the removal of said railroad spur."
Now therefore, if the above bounden Principal shall remove said railroad spur
as required by said agreement then this obligation shall be void, otherwise to
be and remain in full force and effect.
ROHR INDUSTRIES INC.
.. .... ....
............ .CC. .. .. ~ ............. ..... ...
Vice esident - Treasurert~•
, R E ~OMP NY OF NOR ~ ,,, ERICA `~
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es-zzioa PTD. IN U.S.A. ...A, ~HILIP ME. ILL, ATTORNEY-I111~~ACT'' ;;
535
POWER OF ATTORNEY
INSURANCE COMPANY OF NORTH AMERICA
~ltnom a[C men by t~jege ~regellt~: That the INSURANCE COMPANY OF NORTH
AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the
City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the
Board of Directors of the said Company on June 9, 1953, to wit
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, that the following Kules shall p'overn the execution
for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) "Such writings shall be signed by the President, a Vice President, au Assistant Vice President, a Resident Vice
President or an Attorney-in-Fact.
(2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the Company affixed thereto, duly
attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an
Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally ac•c•epted method
of indicating use of a seal (as b}• writing the word "Seal" or the letters "L.S." after his signature).
(3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys-in-Fact nuiy be appointed by the President
or any Vice President, with such limits nn their authority to bind the Company as the appointing officer may see fit to
impose.
(4) "Such Resident Officers and Attorneys-iu-Fact shall have authority to act xs aforesaid, whether or not the President,
the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu-
tion, the By-Laws-of the Company, and any affidavit ur record of the Company necessary to the discharge of their duties.
(5) "Any such writing executed in acc•nrdauce with these Rules shall be as binding upon the Company in any case as
though signed by the President and attested by the Secretary."
does hereby nominate, constitute and appoint A. PHILIP MERRILL, of the city of San Diego,
State of California
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver° for and on its behalf,
and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity
of persons holding places of public or private trust, and ire the performance of contracts other than
insurance policies, and executing and guaranteeing boards or other undertakings, required or permitted
in all actions or proceedings or by law required or permitted.
All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of
the Company attached thereto by the said A. Philip Merrill, individually.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding
upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed
and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com-
monwealth of Pennsylvania, in their own proper persons.
IN ~'VITNESS ~'i'HEREOF, the said ___.... _...._. _____._.._ C.,. DANIEL..DRAICE.. _....._._.., Vice-President,
has hereunto subscribes] his name and affixed the corporate sea] of the said INSURANCE COD1PaNY OF
NORTH AMERICA this .___ . _ ... 2U.th._ _..._....__ _..._ ._ .__ _day of .. .......__.__May._.. _..... _._ ..._ 19..2.4.....
(SEAL)
INSURANC~ PANY NORTH AMERICA
by _ ._ ~ c _ _...__..._..
• Vue-President
STATE OF PENNSYLVANIA ~ss.
COUNTY OF PHILADELPHIA _, before the subscriber, a Notar
On this _ ~Otil... _..._day of..._..._._ _May. __ _ _, A. D. 1974 Y
..........
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came
C. DANIEL. DRAKE _ _ Vice-President of the INSURANCE
__ _.
_.......
COMPANY OF' NORTH AMERICA to me personally known to be the individual and officer described in, and w o execu e
the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith,
that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of
said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru-
ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said
Company, referred to in the preceding ins~.rument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
CF ~
November 21, 1977
~.n~ ~.,.__ . .... .. ......
Nota y Pu lac.
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~ e ssistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify t at
- - F' TORNEY, of which the foregoing is a full, true and correct copy, is i full force and effect.
I ~~TH ereunto subscribed OCTOBER s Assistant Secretary, and affixe t corporate seal of
- 1 _._75.
~ day of ...._....._. _.....
Pr tit __... ....._...__...
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- - ssistant Se etary
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