HomeMy WebLinkAboutReso 1972-6401Form No. 342
Rev. 9-71
RESOLUTION N0. 6401
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VI5TA AND STATE OF CALIFORNIA FOR ACQUISITION OF
RIGHT OF WAY AND UTILITY RELOCATION FOR I-5/54
INTERCHANGE AND TIDELANDS AVENUE INTERCONNECT
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 municipal corporation, and
STATE OF CALIFORNIA, for acquisition of right of way and utility
relocation for I-5/54 interchange and Tidelands Avenue interconnect
dated the 18th day of April 1972 , 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 City Clerk be, and she is
hereby authorized and directed to return the executed original
agreement and two copies, each with resolution, to the Division of
Highways.
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
'~ _ i
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Lane F. C le, Director Public
Works
ADOPTED AND APPROVED by
VISTA, CALIFORNIA, this 18th day
the following vote, to-wit:
Approved as to form by
i'
George D. Lindberg, City Attorn y
the CITY COUNCIL of the CITY OF CHULA
of April 19 72 by
AYES: Councilmen Hyde, Eadahl, Scott, Hobel, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen None
,' ) Mayor o
ATTEST / /
City lerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA
I'
Chula Vista, California, DO HEREBY CERTIFY that
and correct copy of Resolution No. and
been amended or repealed. DATED
per,
i/"',_/
e City o
u
a
City Clerk of
the above is a
that the same
the City of
full, true
has not
City Clerk
11-5D-5,54
8.6-10.1; 0.0-1.9
11208-046521
Dist. Agree. No. 11-0094
ThIS AGRI:EP-~:IJT IS IiER~:13Y NIADL~
AND EIJTI;F~li IiJ'1'O THIS 18th
DAY OF Apri l 1972
~3Y RivD liETWL'LN
The CITY OF CIIULA VISTA,
a body politic and a municipal
corporation of the State of
California, hereinafter re-
ferred to as "CITY"
P.iJD
The STATE: OF CALIFORNIA,
acting by and through its
Business and Transportation
Agency, Department of Public
Works, Division o£ highways,
hereinafter referred to as
"STATE"
W I T N E S S E T H:
WHEREAS, The United States Government, in cooperation with
STATE, has undertaken the design and construction of a flood
control channel known as the Sweetwater River Flood Control
Channel between Interstate Route 805 and San Diego Bay,
and
bJIiER.EAS, a portion of the proposed flood control channel is
along the alignment adopter] by the California IIighway Coi~unis-
sion for construction of State Route 54 freeway, including
interchanges with Interstate Routes 5 and 805, and
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YJIiEREAS, the San Diego Unified Port District, hereinafter re-
ferred to as "PORT DISTRICT" contemplates construction of
Tidelands Avenue west of and parallel to Interstate Route 5,
to serve the needs of POET DISTRICT, and
WIiEREAS, in cooperation with STATE and PORT DISTRICT, the
Cities of Chula Vista and National City contemplate construc-
tion of roadways extending westerly from the Interstate Route
5 interchange to connect to Tidelands Avenue, and
WIiEREAS, the extension of the aforesaid roadways would serve
future industrial and recreational traffic needs, and
WHEREAS, PORT DISTRICT and the Cities of Chula Vista and
National City have respectively by formal resolution requested
STATE to construct the portion of Tidelands Avenue crossing
the channel and the connecting roadways between the Interstate
Route 5 interchange and Tidelands Rvenue, all of which work
shall collectively be referred to hereinafter as "PROJECT",
and
69IiEREAS, right of way required for construction of PROJECT
involves parcels under the same ownership as parcels being
acquired by STATE for construction of the flood control channel,
and it is to the mutual advantage of CITY and STATE that acquisi-
tion of right of way for PROJECT be accomplished by STATE, and
WHEREAS, the relocation of utilities for PROJECT involves the
same facilities as those which STATE will require to be relocated
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as a result of construction of the flood control cYiannel, and it
is to the mutual advantage of CITY and STATE that all such re-
location of utilities be accomplished by STATE, and
ti~TEREAS, it is the purpose of this Agreement to set forth the
terms, conditions and manner in which STATE will acquire rights
of way and relocate utilities for CITY and the manner in which
CITY will reimburse STATE for costs incurred by STATE in the
acquisition of lands and the relocation of utilities required
for PROJECT:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. DEFIPIITIONS: Whenever the following words are used in this
Agreement, they shall be defined as follows:
a. "PROJECT rights of way" shall mean lands and rights
or interests, including access rights, in lands to
be acquired as necessary to construct PROJECT'S
roadways and appurtenant facilities. The area
within which right of way is to be acquired, ex-
clusive of the Sweetwater River Flood Control
Channel right of way, is shown on the map attached
hereto as Exhibit "A" dated January 3, 1972 and by
this reference made a part of this Agreement.
b. "PROJECT rights-of-way cost" shall mean all the costs
of land and improvements on said land which is re-
quired for the PROJECT rights of way and shall include
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severance damages and incidental costs. Said in-
cidental costs shall include but not be limited to
direct cost of employee salaries and expenses,
indirect overhead cost, fees for independent
appraisals, other applicable fees, attorneys,
title reports, title insurance, preparation of
deeds and agreements, filing, reporters, court
recording, printing and all other incidental
costs directly attributable to right-of-way acquisi-
tion for both highway purposes and PROJECT rights
of way.
c. "PROJECT utility relocation" shall mean the
removal, and permanent reinstallation of exist-
ing water, gas, power, telephone, sewer lines,
fuel products line, drainage and irrigation
facilities affected by PROJECT as well as the
establishment and removal of temporary facilities
to provide service during permanent relocation,
if such work is required.
2. STATE agrees to acquire all necessary "PROJECT rights of
way" as may be required for said construction of PROJECT and
CITY hereby authorizes STAT1; to acquire in its behalf all
such necessary "PROJECT rights of way".
3. STATE'S standard right-of-way acquisition and condemnation
practices shall be utilized.
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4 . CITY agrees that all rights , title anti interest in anti to
properties acgureci by STATE for "F'FOJL;C'1' rights of way" pur-
suant to terms and conditions set forth in this Agreement for
which STATE deems it necessary to retain Access Control, shall
remain vested in the name of STATE. Said Limits of Access
shall be those as delineated on Exhibit "A". The remainder
of said properties shall be conveyed with fee title to CITY
following completion of construction of PROJECT by STATE.
5. CITY agrees to bear the entire "PROJECT rights of way cost"
and to deposit upon receipt of STATE'S demand, the sum of
$100,000.00 representing CITY'S estimated share of said costs.
Said deposit will not be required prior to A2arcli 1, 1972, but
shall be required prior to any expenditure by STATE on behalf
of CITY. The actual amount of CITY'S share will be the actual
cost of the land, improvements and all acquisition costs
attributable to the rights of way acquired at CITY'S expense
as shown on said Exhibit "A". In the event that the actual
cost exceeds said deposit, CITY will pay the difference
between the amount of said deposit and the actual cost. In
the event that the actual cost is less than said deposit,
STATE will refund the difference between the actual cost and
the amount of the deposit by CITY.
6. STATE shall keep complete and accurate records of "PROJECT
rights of way costs" for PROJECT and agrees to furnish CITY an
itemized accounting of CITY'S final share of said costs. CI`i'Y'S
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final share of "incidental costs" as defined in Paragraph 1(b)
above, shall be a fixed suni of $4,249.00 plus CITY'S share of
the actual costs for each parcel, which are directly attributable
to condemnation and resulting court procedures if such should
be required. CITY'S share of said condemnation and court
costs, if incurred, shall be determined on a percentage basis
to be applied against actual costs for acquiring tine parcels
noted below at the rate indicated:
Parcel number Percent
17368 25
17373 33 1/3
17371 33 1/3
17370 33 1/3
7. STATE agrees to make all necessary arrangements for
"PROJECT utility relocation" of public or private utilities
which could conflict with construction of PROJECT.
8. CITY agrees to bear the full costs of removal and/or
relocation of the aforesaid utility facilities. STATE will
arrange for billing of said costs directly to CITY by the
affected Utility Company.
9. That the provisions of this AGREEMENT and its execution,
shall not be effective or binding upon CITY unless other
Agreements as listed below, which are considered essential
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to completion of PROJECT, are duly executed by STATE with
the referenced Agencies:
AGE T1C Y
TYPE OF AGREEP4~;IvT
San Diego Unified Port District Right of Way and Utility
iJational City Right of Way and Utility
10. That obligations of STATE under terms of this Agreement are
subject to the allocation of funds by the California Highway
Commission.
11. That neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY under
or in connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall fully
indemnify and hold STATE harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
12. That neither CITY nor any officer or employee thereof, is
responsible for any damage or liability occuring by .reason of
anything done or omitted to be done by STATE under or in con-
nection with any work, authority or jurisdiction not delegated
to CITY under this Agreement. It is also understood and agreed
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that, pursuant to Government Code Section 895.4, STATE shall
fully indemnify and hold CITY harmless from any liability im-
posed for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or juris-
diction not delegated to CITY under this Agreement.
13. That, should any portion of the project be financed with
Federal Funds or State Gas Tax Funds, all applicable pro-
cedures and policies relating to the use of such funds shall
apply notwithstanding other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officer, duly
authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
STATL OF CALIFORNIA CITY OF C~iULA VISTA
Department of Public Works
Division of Highways
Mayor v
R. J. DATEL
State Highway Engineer ~ ~~ ~
Attest • ,~~ ~Zt-~~_ ~ ~~.c , ~~,cL.-.~i~'
~C 'ty C~er O
By ~~',
District Engineer Approved as to F d Procedure:
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ty Attorney
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