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HomeMy WebLinkAboutReso 1969-5243 RESOLUTION NO. 5243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JAMES N. AND MARY E. DURKIN; LINO P. TROMBETTA; CARL H. ENGLER; MALCOLM AND BUNNIE K. WINSLOW; ALBERT G. AND HELEN M. SCHUSS; LEO J. AND MARY N. DURKIN; AND BERNARD J. AND TWILA F. DURKIN, PROPERTY OWNERS OF THAT CERTAIN PROPERTY LOCATED AT THE NORTHEAST CORNER OF "H" STREET AND WOODLAWN AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a Municipal corporation, and James N. and Mary E. Durkin, husband and wife, Lino P. Trombetta; Carl H. Engler; Malcolm and Bunnie K. Winslow, husband and wife; Albert G. and Helen M. Schuss, husband and wife; Leo J. and Mary N. Durkin, husband and wife; and Bernard J. and Twila F. Durkin, husband and wife, dated the 17th day of June 1969, 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 said City. Presented by Lane F. Cole, Di tcer. Di oar o~ Public Works Approved as to form by ~ /'t_/ George D. ndberg, City ttorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 17th day of June following vote, to-wit: 1969, by the AYES: Councilmen Sylvester, Hamilton, McAllister, Scott NAYES: ABSENT: ATTEST: Councilmen None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler 4^~kTy 1'!?f~ t v~~-, AGREEMENT FOR STORM DRAIN EASEMENT ENCROACHMENT THIS AGREEMENT, made and entered into this 17th day of June 1969, by and between the CITY OF CHULA VISTA, a Municipal corporation hereinafter called "City", and JAMES N. and MARY E. DURKIN, husband and wife; LINO P. TROMBETTA; CARL H. ENGLER; MALCOLM and BUNNIE K. WINSLOW, husband and wife; ALBERT G. and HELEN M. SCHUSS, husband and wife; LEO J. and MARY N. DURKIN, husband and wife and BERNARD J. and TWILA F. DURKIN, husband and wife, owners of certain property in the City of Chula Vista, hereinafter called "Property Owners", W I T N E S S E T H WHEREAS, property owners owning parcels number 567-19-26 and 567-20-35, desire to construct a building over the existing storm drain easement across said properties located at the Northeast corner of "H" Street and Woodlawn Avenue in the City of Chula Vista, which easement is more particularly described as follows: The Easterly 10 feet of Lots 19 and 20 of Glenvale Subdivision #2953 recorded February 9, 1953 in the Office of the County Recorder, County of San Diego, State of California. and, The Westerly 5 feet of the Northerly 150 feet of the Southerly 190 feet of the Northeast Quarter of Quarter Section 163 according to Map No. 166, Rancho de la Nacion, filed in the Office of the County Recorder, '- County of San Diego, State of California. and, WHEREAS, the City of Chula Vista is willing to authorize the encroachment of a building across said storm drain easement provided that the City is properly protected and that City would have the right to require property owners to maintain such facility and in the event of an emergency City would have the right to go upon the premises to effect necessary repairs without prior notice. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein expressed, property owners and City agree as follows: 1. The City of Chula Vista hereby grants permission to prop- erty owners being James N. Durkin, et al, to encroach upon the existing -1- n, _ storm drain easement across that certain property located at the Northeast corner of "H" Street and Woodlawn Avenue, more particularly described as follows: The Easterly 10 feet of Lots 19 and 20 of Glenvale Subdivision #2953 recorded February 9, 1953 in the Office of the County Recorder, County of San Diego, State of California. and, The Westerly 5 feet of the Northerly 150 feet of the Southerly 190 feet of the Northeast Quarter of Quarter Section 163 according to Map No. 166, Rancho de la Nacion, filed in the office of the County Recorder, County of San Diego, State of California. and to build, construct and maintain a building over said storm drain easement.. 2. Said building shall in no way interfere with the use of said storm drain easement and property owners construction will transmit little or no load to the existing drainage facility. It is further agreed that the structural foundation details will be subject to the approval of the City Engineer of the City of Chula Vista. 3. The City will have the right to repair said drainage facilities utilizing the full easement area including that portion which might be located within a building proposed to be constructed, provided however, property owners would be given the first chance to accomplish remedial repairs upon notice by the City of Chula Vista. 4. In case of emergency City shall have the right without giving prior notice or seeking permission to take any necessary action to go upon said premises and effect any necessary repairs. The property owners, their lessees, successors and assigns, agree to hold City harmless from any and all damage, loss or injury to any person or prop- erty which may occur directly or indirectly from the construction, maintenance, use or operation of any structures, buildings, or facilities constructed on the storm drain easement described herein- above and encroaching thereon, or any appurtenant structures or accessory operations and any repairs undertaken on existing drainage facility as set forth herein regardless of whether or not they have been approved or required by the City and from any or all damage, loss, or injury to persons or property which may occur directly or indirectly by reason of said encroachment. or flooding or inundation of the land or any portion thereof of the subject property. 5. Property owners, for themselves, their lessees, successors, or assigns, expressly assume any and all risks that may arise by reason of flooding or inundation of said land or any portion thereof. 6. In the event suit is brougYt upon this agreement to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. 7. The foregoing agreement shall run with the land and shall -2- ~ ~ _ ~_ `- l be part of a general plan for the protection and benefit of the parties hereto, and their lessees, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. ATTEST: i ~.%_.~_-c,u~"`'A(r"/C~fi-c5"~'~E-f"~ L_-City Clerk ,~ PROPERTY OWNERS / ~ ' ~ _~.. {~ , /' ; r ~~mes N. Durkin ~~ Malcolm Winslow ~~ _ / /is / ~ ? Bunnie K. Winslow Approved as to form George D. Lindberg, City Attorney CITY OF CHULA VISTA ~- ayor pro tem f,.;:J i :~~ Albert G. Schuss ~~~~ Q~ ~~~c-c~-~1~ Helen M. Schuss . ~ ~ .'~ ~~ D~ in ~ -~ . ary N. rkin r , ~ Bernard J. Du~'ki // ~ ~~ ~ ,: i '~ ..,~..~'~~~ ~~ ~ l..-,,~~,~ ~c~` ~Twila F. Du kin` -3- ~ _ .~ C~~.~~~~' ^~ ~~ i Carl H. Engler'