HomeMy WebLinkAboutReso 1987-13282 RESOLUTION NO. 13282
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING JOINT USE AGREEMENT WITH SAN DIEGO GAS
AND ELECTRIC COMPANY WITHIN BONITA LONG CANYON UNIT 3
SUBDIVISION IN CONJUNCTION WITH CVT-84-9, EASTLAKE I
UNIT 20, 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 by the City Council of
the City of Chula Vista that that certain Joint Use Agreement
with San Diego Gas and Electric Company within Bonita Long Canyon
Unit 3 Subdivision in conjunction with CVT-84-9, EastLake I Unit
20, dated the 6th day of April, 1987, 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 Approved as to form by
ohn t,
City Attorney
3434a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~,tULA VISTA, CALIFORNIA, this 13th day Of, October
19 87 , by the following vote, to-wit:
AYES; Councilmembers Malcolm, McCandliss, Moore, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers Cox
ABSENT: Councilmembers None
/~~f the City of Chula Vista
TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13282 ,and that the same has not been amended or repealed
DATED
City Clerk
CI'[Y OF
CHULA V[ A
CC-660
~Zhen Recorded in
dANL TO
D{GO &
P.O.
A). D.B)D
SPACE ~0~ FOR RECO~ER'S USE
JOl~ USE A~
The ~dersi&ned declares consideration ~s less than $100.00 and Transfer Tax
~ZS AG~ dated ~pri16, 1987 , by and between S~DIE~
E~C~IC CO~, a coloration (SDG~), and ~e City of Chula Vista
(Second Party), ~ mde ~i~ reference to the following facts:
A. SDG~ is engaged in ~e business of transmitting and distributing gas and
electricity within the co~ty of San Dlego ~ State of California and has
facilities for ~uch pu~oses located in, upon, over~ ~der and across that cer~in
eas~ent and right-of-~ay granted to SDG~ as described on E~ibit A attached hereto
(SDG~'s Easement);
B. Second Party desire; to acquir~ and
rights-of-~ay and intends to const~ct, operate and mintain therein a elght inch
(8") sewer line in the
configuration sho~ on Exhibit B~ attached hereto (Second Party's Faci]ities); and
C. Second Party desires to obtain SDG~'s consent for the construction,
operation and maintenance of Second Party's facilities ~, over, ~der and across
SD~'s Easement along the route(s) particularly sho~ on ;a~d Exhiblt B (Designated
Route(s).
NOW, ~FO~, for valuable consideration, receipt of which is hereby
ac~o~ledged~ the parties hereby agree as follows:
1. Second Party, its successors in interest and ~sslgns, shall have the right and
privilege to construct~ operate and maiaUin Second Party's Facilities in,
over, under and across SDG~'s Eas~ent by the Designated Route(s), together
with the right of ingress thereto ~d egress therefrom by practical route(s).
In the event Second Party'~ route(s) of ~gress or egress at any t~e~ in ~e
~ole discretion of SDG~, conflict ~ith SD~'; use of ~e SDG~ Easeout,
Second Party agrees, upon notice from SD~, to relocate said route(s).
2. If use or proposed alteration of a ~signated Route for Second Party's
Facilitie~ shall at any time necessitate a rearrang~ent, relocation or
reconstruction of any of SDG~'~ facilities ud/or the acquisition of
additional easements by SDG~, Second Party shall give notice to SD~
'requesting such rearrangement, relocation or reconst~ction and shall~ in good
-1- Document Review #82-0202(a)S
faith, to the best of its ability, and without cost to SDG&E, cooperate with
SDG&E personnel to effect the same. SDG&E shall cooperate with Second Party
to effect such rearrangement, relocation or reconstruction. Second Party
shall, upon receipt of an invoice from SDG&E, promptly reimburse SDG&E for all
costs and expenses incurred by SDG&E in connection therewith.
3. Second Party agrees not to permanently interrupt the use or operation of
SDG&E's facilities. Any temporary interference with the use or operation of
SDG&E's facilities shall be made only with SDG&E'S prior written consent,
except for emergency repairs pursuant to Paragraph 7 below.
4. SDG&E shall be deemed the "party first in place" and its rights and interests
shall be prior in time and superior in title to those of Second Party.
5. Should Second Party desire to construct, install and maintain surface or
subsurface installations other than those specifically provided for in
Exhibit B, Second Party shall obtain prior written approval of plans and
specifications for any such proposed installation from SDG&E, including
alignment and locations of all proposed work. Second Party will submit such
plans in writing to SDG&E not less than forty-five (45) days before the date
of anticipated commencement of any work. Notices shall be addressed
San Diego Gas & Electric Company
P. O. Box lg31
San Diego, CA 92112
Attention: Land and Environmental Department
SDG&E reserves the right to reject any proposed plan which would, in its sole
determination, substantially conflict with its use of the SDG&E Easement, its
facilities, or be unduly burdensome. In determining whether a "substantial
conflict" exists or whether plans are "unduly burdensome," SDG&E shall
consider the (1) relative size and character of its then existing
installations, (2) relative hardship, inconvenience, and expense to SDG&E if
plans are approved, (3) relative hardship, inconvenience and expense to Second
Party if plans are rejected, and (4) length of time and extent of any service
interruption to SDG&E's customers.
6. This agreement shall run with the land and be binding upon both parties, their
representatives, agents, successors, and assigns.
7. In the event of damage caused by an act of God, war, or other casualty, or
damage caused under circumstances where it would be iepractical or impossible
to notify the other party of the necessity for temporary interference with the
other party's facilities, either party whose facilities are affected may,
without notice to the other party, enter upon the joint easement area and,
notwithstanding temporar~ interference with the use or operation of the other
Pa rty's fa cl]it]es, make emergenc~ repairs to restore service. The restoring
party shall, however, take reasonable and prudent measures to protect the
installations of the other party and ~inimize such interference. The
restoring party shall, as soon as practically possible, notify the other party
of such emergency repairs. If permanent repairs are required after such
. emergency repairs have been made, notice shall be given to the other party
pursuant to Paragraph 5 above.
-2- Document Review ~82-0202(a)S
8. Each party shall save, indemnify and hold harmless the other party against any
liability, loss, cost, damage and expense caused by or arising from (i) a~
act(s) or omission(s) of such party, its employees, agents, contractors,
successors and assigns or (ii) the location and existence of its
above-described facilities, whether defective or otherwise; including, but not
limited to, any such loss, cost, damage, liability and expense arising from
damage to or destruction of real and personal property or injury to or death
of any person. Liability to a third party(ies) shall be divided between the
parties hereto in proportion to the measure of each party's liability.
Notwithstanding the foregoing, each party shall hold harmless the other party
against damage to or destruction of its facilities caused by an act(s) of a
third party(ies).
9. Nothing herein contained shall constitute a grant of easement by SDG&E to
Second Party, it being understood that any such grant may be obtained only
from the fee o~er.
10. In the event either party commences legal action against the other by reason
of an alleged breach of this agreement or in collnection with joint use of the
SDG&E Easement, the prevailing party shall be entitled to recover court costs
and attorney's fees as set by the court. "Prevailing Party" means the party
in whose favor final judgment is rendered.
IN WITNESS ~{ZREOF, the parties hereto hav~ caused this agreement to be
executed by duly authorized officers on the day and year first above written.
SAN DIEGO GAS &ELECTRIC COKPAh~, By: MAYOR~ 2 C~
a corporation CITY 0[ CHULA VISTA
'~Laaa/& Environmental Department
Drawn By
Date
MOPAC
R/W No.
A.P. No
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STATE OF CALIFOi~IA
O:XJNTY OF SAN DIEGO
in end for said/State. personally a~ 3~s W. ~
~rs~lly ~ to ~ {or ~ to ~ ~ ~ ~sls of ~t~sfa~o~
~St~t ~t tO its ~-leWS LIND~F Q~TORtA
or a resolutl~ of its ~M of .o~.~s~,c c~ ~
directors. o o~
WI~SS ~ ~ ~ official sM1, ~' "
STATE OF CALIFORNIA
COUNTY OF Sj~N DIEGO
On this 9oh day of November, in the year 1987 before me Mary Elaine Chavez,
personally appeared, Gregory R. Cox, personally known to me to be the MAYOR
of the City of Chula Vista, and personally known to me to be the person who
executed the within instrument on behalf of said public corporation/agency
and acknowledged to me that said person executed the same.
WITNESS my hand and official seal.
SIGNATURE ~M~y,ComMa y E aineChavez
Exhibit "A"
That certain strip of land 250 feet in width, lying within Quarter
Section 8 of Rancho De La Nacion, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof ~o. 166 made by
· N6rrill, filed in the Office of the County Recorder of said County of San Diego,
described in an easement to San Diego Gas & Electric Company, recorded
i~arch 9, 1960 at ~ecorder's File/Page No. 48825 of Official Records of
said County of San Diego.
-4- Document Revie~ ~82-0202(a)S
LEGAL DESCRIPTION
A 10.00 FOOT WIDE STRIP OF LAND WITHIN LOT 205 AND LOT 'IF" OF
CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 3,
RECORDED AS MAP NO. 11605, AS FILED IN THE OFFICE OF THE COUNTY
RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF RANCHO DE
LA NACION PER MAp NO. 166 AND MAP NO, 815, BOTB RECORDS OF SAID
COUNTY WIT}{ THE SOUTHERLY LINE OF FRACTIONAL SECTION 28, TOWNSHIP
17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN; THENCE
NORTH 17' 52' 12" WEST 994.33 FEET ALONG SIAD RANCHO LINE TO TEE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID RANCHO LINE NORTH
76' 06' 34" WEST 165.23 FEET TO POINT ~A"; THENCE NORTH
66' 39' 20" WEST 340.00 FEET.
TEE EASTERLY TERMINI OF THE SIDELINES OF THE ABOVE DESCRIBED
STRIP OF LAND SHALL BE EXTENDED OR SHORTENED TO TERTMINATE ON
SAID EASTERLY DINE OF RANCHO DE LA NACION.
EXCEPTING TBEREFRO3~ THAT PORTION LYING W~THIN LOT "F" OF SAID M~F
NO. 11602.
PARCEL 2
A PORTION OF LAND WITHIN SAID LOT 205 WITH THE POINT OF BEGINNING
AT THE HEREINABOVE DESCRIBED POINT ~A"; THENCE NORTH
23' 20' 40" EAST 35.00 FEET TO TBE TRUE POINT OF BEGINNING;
THENCE SOUTH 66' 39' 20" EAST 6.00 FEET; THENCE SOUTH
23' 20' 40" WEST 18.93 FEET; THENCE SOUTH 26' 22' 57" EAST 12.93
FEET TO A POINT ON THE NORTHERLY LINE OF SAID HEREINABOVE
PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 76' 06' 34'~ WEST
16.50 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH
66' 39' 20" WEST 15.59 FEET; THENCE LEAVING SAID NORTHERLY LINE
NORTH 68' 20' 40" EAST 14.14 FEET; THENCE NORTH 23' 20' 40" EAST
20.00 FEET; THENCE SOUTH 66' 39' 20" EAST 6.00 FEET TO THE TRUE
POINT OF BEGINNING.
EXHIBIT "B"
388. 0104.06/jw-4
l) SEWER ACCESS AND MAINTENANCE EASEMENT.
DRAWN BY ~ T I T L E
DATE ' EAST LAKE 1 RESIDENTIAL
s - .s - e5 (EASEMENTS)