HomeMy WebLinkAboutReso 1976-8068RESOLUTION NO. 8068
RESOLUTION OF THE" CITY' COUNCIL OF°'~'iET'CiTY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DALE BUILDING COMPANY, A CORPORATION, RELATIVE TO THE
ACQUISITION OF A DRAINAGE EASEMENT UPON, OVER, UNDER AND ACROSS
PROPERTY NEAR TELEGRAPH CANYON ROAD, EAST OF HILLTOP DRIVE
p,I~TD 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 CHULA VISTA, a municipal corporation, and Dale
Building Company, a corporation, relative to the acquisition of a drainage
easement upon, over, under and across property near Telegraph Canyon Road,
east of Hilltop Drive
dated the 24th day of February 19 76 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 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
Georg D. Lindberg, City
Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this • 24th day of February , 19 76 , by
AYES:
NAYES:
ABSENT:
ATTEST
A~pp~roved as to f rm by
.~'~/
George D. Lindberg, City Attorney
Councilmen Egdahl , Hobel , Hamilton, Hyde
Councilmen None
Councilmen Scott
Mayor of the City of Chula Vista
City C
STATE OF CALIFORNIA)
COUN•I'Y OF SAN DIEGO) ss .
CITY OF CHULA VISTA)
of Chula
true and
not been
I, , City Clerk of
Vista, California, DO HEREBY CERTIFY that the above
correct copy of Resolution No. and that the
amended or repealed. DATED
the City
is a full,
same has
City Clerk
t
AGREEP'IENT WITH DALE BUILDING COMPANY, A CORPORATION,
RELATIVE TO THE ACQUI52T20N OF A DRAINAGE EASEP4ENT
UPON, OVER, UNDER AND ACROSS PROPERTY' NEAR TELEGRAPH
CANYON ROAD, EAST OF HILLTOP DRIVE
THIS AGREEI"IENT, made and entered into this 24th day
of February, 1976, by and between the City of Chula Vista, a munici-
pal corporation, hereinafter referred to as "City", and Dale Building
Company, a corporation, hereinafter referred to as "Developer";
W I T N E S 5 E T H
WHEREAS, the City Council of the City of Chula Vista has
determined and declared it a public necessity to acquire a drainage
easement upon, over, under and across certain property, more par-
ticularly described in Exhibit "A" attached hereto and incorporated
by reference, and
WHEREAS, as condition number 8 to the approval of the
tentative map to Developer's subdivision, Hilltop Vista, Developer
agreed to provide all required drainage easements outside the sub-
division, and
WHEREAS, said drainage easement is necessary to preclude
discharge of excessive waters to downstream properties as required
by rZunicipal Code Section 13.56.030, and
WHEREAS, Developer has been unable to acquire by negotiated
purchase said necessary drainage easement.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Developer- agrees to retain private counsel who will
agree to act in the capacity of deputy city attorney and who will
take all actions necessary for the City to acquire a drainage ease-
ment upon, over, under and across certain property, more particular-
ly described in Exhibit "A" attached hereto and incorporated by
reference.
2. Developer agrees to pay all costs including, but not
limited to attorney's fees, filing fees, witness fees, appraisal
fees, administrative costs, any adjudicated value of the property
including severance damages, and any other damages arising out of
this action.
3. Developer agrees that it will. in no circumstances
withdraw from this case without first obtaining the approval of the
City Council of the City of Chula Vista.
4. Developer agrees that if the City Council of the City
of Chula Vista should agree to the dismissal of this case, all
damages occasioned by said dismissal, including all the costs
mentioned in number 2 above, shall be paid by Developer.
5. The City agrees to authorize Developer's retained
counsel to act as a deputy city attorney in order to permit De-
veloper's counsel to bring an action in the name of the City to
acquire said drainage easement.
IN WITNESS j~]HEREOF, City has caused this agreement to
be executed by having affixed thereto the signature of the Mayor
of said City, acting under and pursuant to Resolution No.
of the City Council of the City of Chula Vista, and Developer
has caused this agreement to be executed, as duly authorized,
the day and year first hereinabove written.
THE CITY OF CHULA VISTA DEVELOPER: DALE BUILDING COMPANY
Thomas D. Hamilton, ,7r. , P~Iayo By: ;
ATTEST
City Clerk
Approved as to £orm by
~~
City torney