HomeMy WebLinkAboutReso 1970-5572Form No. 362
RESOLUTION N0. 5572
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND GRANTING EASEMENT TO SAN DIEGO GAS &
ELECTRIC COMPANY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT OF EASEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
That the City of Chula Vista does hereby grant certain
easement to San Diego Gas & Electric Company
for use of City underground electrical ducts to serve the police
a copy of which is attached hereto and by this reference made a
facility building,
part hereof, the same as though fully set forth herein.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized to execute same for
and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby authorized and directed to record
said easement and this resolution in the office of the County
Recorder, San Diego County, State of California.
Presented by
~._
C'
Lane F. Cole, Director of Public Works
Approved as to form by
George D ~indberg, City Attorney
-1-
ADOPTED AP•'D APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA
CALIFORNIA, this 1?th day of Plarch , 1970 , by the following vote,
to-wit:
AYES: Councilmen Scett, ~ylve~ter, ~-~a;nilton, Hyde, t~_c_lLlister
T:AYES: Councilmen None
ABSENT: Councilmen itprle
W~
Mayor of the City of Chula Vl.sta
"~
~-
ATTEST -~--r~- ~t,t~-i~ .. ~~~?.~,:. E~~~
- City Clerk
STATF. OF CALIFORNIA )
COti.~~TY OF SAP' DIEGO ) ss.
CITY OF CHULA VISTA )
I, uENNETH p. CAMPBELL, City Clerk of the City of Chula Vista, Caltro~na,
DO HEPBBY CEPTIFY that the above and foregoing is a full, true and correcr c:~o}- ~~1
and that the same has not been amended
or r2~ealed,
DATED:
City Clerk
~'-~5~~
ELECTRIC EASEMENT
THIS AGREEMENT, made this 17th day of March , 19 70 , by
and between CITY OF CHULA VISTA, a municipal corporation
a
hereinafter called "First Party", and SAN DIEGO GAS & ELECTRIC COMPANY, a
corporation, hereinafter called "Second Party",
W I T N E S SETH
WHEREAS, First Party is the owner in fee simple of:
The Easterly 350.39 feet of the Northerly 330 feet of
Lot 14 of ~,uarter Section 149 of Chula Vista, according to
Map thereof No, 505, filed in the office of the County Recorder
of the County of San Diego, State of California; and
~?'~~3or
~~GE D ~cQ~i~~~ -~D
t~~l ~` s ~ ~~ ~,~
D , ~~ a , ,
S A P~ ~ oo,~G ~~, ~ .~ , "~~~~~
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WHEREAS, First Party has constructed or is about to construct and is or
will be the owner of a system of underground electrical ducts, transformer vault
and low
voltage electrical conductors hereinafter called electrical system , located or
to be located 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,
transformer vault of
First Partyts 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
.5"~'7~
WI3EREAS, the Pasties hereto are mutually desirous of establishing the
several rights and responsibilities of the Parties as to the ownership, operation,
replacement, ma;ntenance 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:
to First Party does hereby grant to Second Party the right and
easement 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 PartyTS 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 at its own expense maintain in
good operating condition its said electrical systems
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 ox maintenance of. Second Party°s said
electrical 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__b.e-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 writteno
Executed in the Presence of:
Witness,;
CITY OF CI3ULA VISTA,
a municipal corp/o~ration
yo r
By .~ ~L z~ c ,~~ E
.,~- , Ci Clerk
"First Party"
ATTEST:
Secretary
IWN BY~ ~' ~~~.,•~
:CKED BY~•.~~=
TCH N0. =._~_
t, = ; °- -~
SAN DIEGO GAS & ELECTRIC CGMPANY,
a corp~tion
~~ ~, ~
,.
i %y
Vice President
"Second Party"
2