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Home My WebLink AboutReso 1975-7630Farm No. 342 Rev ~ 3/74 RESOLUTION NO. 7630 RESOLUTION OF THE CITE' COUNCIL OF TfiE CITY Or' CHULA VISTA, APPROVING AGREEMENT BETWEEN `THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC COMPANY GRANTING A GENERAL ELECTRIC EASEMENT FOR THEM TO INSTALL, REPAIR AND MAINTAIN THEIR FACILITIES UPON CITY-OWNED PROPERTY 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 CHULA VISTA, a mun~.cipal corporation, and SAN DIEGO GAS & ELECTRIC COMPANY, granting a general electric ease- ment for them to install, repair and maintain their facilities upon City-owned property dated the 11th day of FPhri~ary 19~_- a cop~r of which is attached hereto and incorporated herein, the samd as though fully set forth herein be, and the same is hereby approvedT BE IT E~`URTE~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 Vista. Presented by Appraved as to form by .~ William J. obens, Actin Director g of Public Works ~~~~~ ~ ~~; Georg~"D. Lindberg, City Att`drney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY Of' C~~ULA VISTA, CALIFORNIA, this 11th day of February 19~~, by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Caunc~.lmen None dhoyuedp~. - L- n7ayor of the City of Chu a Vista j ~ . ATTES'T``~,~~te. ~'i Cit Clerk ~- 1. v STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CF3ULA 'VISTA) I. C~.ty Clerk of the City of Chula Vista, California, DO F~EREBY CERTIFY that the above is a tuli, true and correct cony of Resolution No. and that the same has not been amended or repealed. DATED City Cler ORIGINAL' ELECTRIC EASEMENT THIS AGREEMENT, made this day of 19 , by and between THE CITY OF CHULA VISTA, a municipal corporation hereinafter called "First Party", and SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Second Party", W I T N E S S E T H WHEREAS, First Party is the owner in fee simple of :. Those portions of Lots g and 16 of Quarter Section 137 of Rancho de la Nacion, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County, California, described in a Deed recorded January 21, 1964 at Recorder's File/Page No. 12180 of Official Records of said County of San Diego; and .,..., _ ~;~~ o' .,,~ 1 ~, , ~s WHEREAS, First Party has constructed or is about to construct and i.s or will be the owner of a system of underground electrical ducts, transformer pad and low voltage electrical conductors (hereinafter called electrical system), located or to be lo- cated as shown on the plan marked Exhibit "A", attached hereto and by this reference made a part hereof, which electrical system First Party. caused or will cause to be constructed upon and within its said hereinbefore described property and the street adjacent for the purpose of providing a means through which Second Party might supply electrical service to First Party and/or various lessees and/or tenants of First Party on its said property; and WHEREAS, Second Party has installed or will install within the ducts, and upon the transformer pad of First Party's said electrical system, various high voltage electrical cables, transformers, switches and other miscellaneous equipment (hereinafter called electrical facilities), owned by Second Party, and used by it to supply electric energy to First Party and/or lessees and/or tenants; and WHEREAS, the Parties hereto are mutually desirous of establishing the several rights and responsibilities of the Parties as to the ownership, opera- tion, replacement, maintenance and repair of the Parties' respective electrical system and electrical facilities. NOW, THEREFORE, for and in consideration of the covenants hereinafter contained and the mutual benefits to be derived thereby, the Parties hereto do agree as follows: 1. First Party does hereby grant to Second Party the right and ease- ment to install, place, replace, operate, maintain and repair, within and along First Party's said electrical system, Second Party's said electrical facilities, and First Party further grants to Second Party the right of ingress to and egress from First Party's said electrical system at such places and in such manner as may reasonably be necessary for Second Party's purposes. 2. First Party Agrees that it will be at its own expense maintain in good operating condition its said electrical system. r -2- p / 7B 3. Second Party'agrees that so .long as First Party complies with each and all the conditions on its part, to be performed, it will at its own expense (in accordance with its pertinent rules and regulations on file with the Public Utilities Commission of the State of California), install, operate, maintain and repair, within First Party's said electrical system, Second Party's said electrical facilities. 4. First Party agrees that it will save harmless Second Party from all liability or damages to persons or property arising from or growing out of the installation, operation, replacement or maintenance of Second Party's said elec- trical facilities as described, except liability or damages arising from the sole negligence of Second Party, its agents, employees or independent contractors. 5. The Parties expressly agree that this agreement shall be binding upon the successors and assigns of each Party. IN WITNESS WHEREOF, the Parties hereto have executed this agreement the day and year first above written. Executed in t)he Presence of: THE CITY OF CHULA VISTA, a munic'pal corpo ati By MAYOR By "First Party" ATTEST: SAN DIEGO GAS & ELECTRIC COMPANY, a corporation City'Clerk ~~'~ W ness Secretary By R. E. Morris, Senior Vice President "Second Party" DRAWN BY .. , , ~0 tit .--.... . CHECKED BY .. ~~ :'..... . SKETCH N0.1._1~_7~ .. , . . DATE..... ... 81195-oi MOPAC NO ............... _ 3_ . ..... ......... .. _. ~. . _.~_._ ~1 +_ ~- / SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) ON THIS 21st day of February 19 75 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R. E. Morris known to me to be the Senior Vice President and W. J. Karnes , known to me to be the Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. ~~~ LEE BLAN AS ' ~ NOTARY i~UEI_IC 1 Y ' -" '~~- °~' principal Office, San Diego Co. Calif ~ c;• jib My Commission Expires November 5, 1976. Notary Public in and for said County and State ~ _,/ __ j;, MUNICIPAL CORPORATION FORM STATE OF California ) ss. COUNTY OF San Diego ) ON THIS 11th day of Febr„arv 19~_, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Thomas D H m;li-nn, Jr , known to me to be the Mayor, and _ TPnniP M Fula~~ known to me to be the City Clerk of the the municipa corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion executed the same. WITNESS my han d and official seal. L. ~ otary Public In and for said County and State p~-; 1 '~i~L vr~~L ~ P.R ; e_~ ~x ° i \ .~~~.. ~ ~~ ~ ~mL i ~ , ry , v ~ „ r~,p l '