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Home My WebLink AboutReso 1968-4922RFSOLt;TION NO • 4922 RESOLtTTIOT? OF THE CITY COL?I~?CIL OF THE CITY OF CHULA VISTA, AMENDING' RESOLUTION N0. 4905 ADOPTED RY THE CITY COtTNCIL ON THE 17th DAY OF SEPTEMDER, 1968, AND APPROVING' Ar;REEMFTTT BETT~TEFN THE CITY AND ROHR CORPORATION, GRAriTING A PERMIT TO SAID CITY FOR ACCESS ACROSS ROHR PROPERTY FOR ]`-RAINTETTPNCr , I?I'PAIR OR REPLACEMENT OF A CERTAIN SET~?ER LIFT STATION OT~;TJED BX TH.F. CITY OF CHULA VISTA., Ar?D AUTHORIZING THE MAYOR. TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WT3EF.EA.S, the City of Chula Vista and Rohr. Corporation have heretofore agreed, by that certain agreement, approved by Resolution No. 4882 adopted on the 20th. day of August, 1968, that the City should have free and. open access to a se~~~er lift station locates. upon certain real property contiguous to and. north of. "G" Street between the inter- section of Tidelands Avenue and "C'"' Street and the westerly property line of the San Diecxo Gas a.nd Electric Company b''e::~tgomery substation in the City of Chula Vista., a.nd wHFREAS, pursuant to the terms of Resolution No. 4905 order- ing the vacation of "G" Street, the description attached. thereto con- tained provision for- an easement to provide said access, more parti_c- ularly described as follows: An easement for. use ?~y the City for ingress ans. egress to its sewage lift station over that portion of said Southerly 20 feet of Quarter Section 172 lyin.q westerly of. the Tasterly 827.73 feet of sair_'~ Qua.r_ter Section 172. a.nd ~~1HFREAS, it has been determined that pursuant to the terms of the agreement between Rohr Corporation and the City of Chula Vista., anc the mutual interests of_ the parties, that no Fixed easement providing such access should he reserved but that the City should enter into a permit agreement with Rohr Corporation providing such access. NO[4, THEREFORE, RE IT RESOLVED by the City Council of the City of Chula Vista that Resolution ?~?o. 4905, adopted or. the 17th day of_ September, 1968, ordering the vacation of ~`G" Street be, and the same is hereby amended by deleting therefrom the reservation of_ that certain easement more particula.rl~r described as follo~-,~s: An easementf.or use by the City for ingress a.nd egress to its sewage lift station over that portion of said- Southerly 20 feet of. C)uarter Section 1.72 lying Westerly of the Easterly 827.73 feet of said nuarter Section 172. nE IT FURTHER RESOLVED that said Council does hereby approve that certain agreement between the City of Chula. Vista and. Rohr Corpora- tion, granting a permit to tl~e City of Chula. Vista. for access across property owned by R.nhr Corporation for the maintenance, repair or replacement of said sewer lift station, dated th.e_ first day of Octobe~_~ 1968, a copy of which is attached hereto and incorporated. herein by re_f.erence. I;E IT FLTRTHFR. RESOLVED that the P!'ayor of the City of Chula Vista be, and he is hereby authorized. and directed to execute said aar_eement for and on behalf. of said City. Presented by Approved as to form. by r~~ ~/,,/ 0 , '~-~ City A.tto` Lane F. Cole Director: of Public George D.-~ndberg, . ~ works ADO"'I'~.1, AI'D APPPOVL'D by the CITY COLT1"CIL of the CIT~~ ('r C"L~LA ~~~ `~ I'E C~,!_TrO~"IA, this first, dn.V of October S l~ 68 ?-~, the rolle.,~r,4' ,~oL,~_ t7-4:/~t: A"'"": Councilr~~er: Scott, Hamilton, McCorguodale, McAllister ABSTAINED: Councilman Sylvester `r_~ 'A~?'_= 5 : Cour.ci linen None ~~T`~:' "T~ Cou~c-lnen None ',,'~-__ / - mac` ,/ j,~ ~ ~.- i~iavor of ~ tre tv' or" C u ,~ ~~ t-~ ~~~~~ ~ .. /, ~ '~ ,. Ci tv Cler'.-. TAT,. (`.Y CALL FORD: IA ) C(`J!.'~"' ~'F SA; DiPGO ) ss. C?TY OF CrULA "JISTA ) i, _ ~s'I'L'T'= ?, CAi`pB?'LL, City Clerk of t'.~:e City of Chula `~'i,=ta, Call=~~ ~~, P^ '_'_~ F~'~'.' C~'.pT1FY that the above and foregoing is a full, true and corr°~r co-~-- :~i RESOLUTION N0. 4922 and that the same has r.ot be_~ a:-::,~de.d or r.~^~aled. i~~r^~T:: i' City Cler_. A!,P.EEM~'r?T PFRD'IITTINC' THE CITY OT' CHI7LP_ VISTP.. TO HAVE ACCESS ACROSS PF.OPERTY OWNED BY ROHR CORPORATION FOR THE N[PIN"'Er?AT'CE AND REPAIP, OF A. SF'4vER IIFT STATIOD? THIS AGREEMF*1T, made and entered into this 1st day of October 1968 , by and. between_ the CITE OF CHT?LA VISTA, a municipal corporation, hereinafter referred to as "Permit.tee", and ROHR CORPORATION, a California corporation, hereinafter referred to as "Permitter"- W I T N E S S E T H tiv'HERFAS, Permittee anc? Permi,ttor_ have her_et.of_ore entered into an agreement, approved by Resolution rio. 4882 adopted on the 20th dav_ of August, 1968, as modified a.nd amended on the 1st day of October, 1968, by Resolution No. 4919, which agreement provided, amonq_ other things, as follows; °'Purchaser_ further agrees tc enter into an agreement with the City of Chula Vista providing a permit for access to the sewer lift station to allow for all necessary maintenance, repairs or replacement thereof. Said permit vaill insure the City shall at all times in the future have the right of access to said sewaa_e lift station." anal. GVHBR.EAS, Permittee and Permitter now desire to enter into such a-permit--agreement as contermplated by the terms of said agreement of August 20, 1968. NO?~T, THEREFORE, IN COI?SIDE RATION OF THB PPEPnISF.S contained herein and. for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows• 1. Permittee is the owner of. that parcel of_ certain real property located contiguous to and north of_ "G" Street, between the intersection of Tidelands Avenue a.rd "G" Street anc. the westerly property line of the San Diego Gas and Electric Company P.~"or.tgomerv substation in the City of Chula. Vista., more particularly described ir. EXHIBIT A attached hereto a.nd incorporated herein by reference. Said. parcel of real property is the location of a sewer lift station which must be maintained by Permittee. 2. Permitter, being the oe.~n.er_ of the real property adjacent to and surrounding said parcel of land owned by Permittee, does hereby agree to allow Permittee free and open.. access to said parcel of property for the purpose of inspecting, mair.ta.ininq, repairing or replacirq said sewer lift station across and over the property owned by Permitter a.t any and all times as such inspection, maintenance, re_p_air or replacement of. said sewer lift station may be deemed necessary by Permittee. 3. Said rigla of access shall be allowed to Permittee permanently by Permitter for sucl-i period of time as said sewer_ lift station shall continue to be operated. and maintained by Permittee, ar_d during the period of said operation and maintenance, Permittee shall be allowed free and open access for such purposes over and across the land owned by Permitter in a manner convenient to both parties as shall be mutually_ agreed upon, but in no case shall Permitter interfere with the free and open access herein. guaranteed to Permittee for the right of inspection, maintenance, repair or replacement of said seTr~er lift station, in.cludine_r the right to bring upon and across and over the property of Permitter such vehicles and equipment a.s may be necessary to effect said inspection, maintenance, repair or replacement of said sewer lift station. -1- ,7 This Permit Aa,reement shall bind., and er_ure to the benefit of the heirs, executors, administrators, successors ar_d assigns of the parties. Ir? TaITNESS 3•~1HE??_EOF, the parties hereto have executed this Permit Agreement this first day of October 19~;g, PEPN?ITTOR: ROHR CORPOF.ATIOD? E3v ~xx~~~x~~~~~ F. E. McCreery, ecutive Vice President PERMITTEE: THE CITY OI' CHliLA VISTA. v ( ar ie A~r~`~u~ec~a1 , Mayor Approved as to form by Approved as to form by ~~ R ~o George D. inc?berg,YCity Attorney/~` ~~ EXHIBIT "A" LEGAL DESCRIPTION - SE?~7ER L I~'T STATION Beginnina at a point on said Scutherly line of Quarter Section 172 being also the centerline of "G" Street, distant thereon South 72°08'08" ~n7est 958.40 feet from the Southeasterly corner of said. Quarter Sect.inn; Thence North 17°51'52" l~~est, 20 feet to a Point on the Northerly line of "G" Street and the TRUE POINT OF BEGINn?ING: Thence continuing ITOr.th 17°51'52" Y~7est., 80 feet; Thence North 72°08'08" Fast, 60 feet; Thence South ]_7°51'52" East, 80 feet to the Northerly line of "G" Street.; Thence Sou±h 72°08'08" west, along said Northerly line of "G" Street, 60 feet to the TP.t?E POINT OF BEGIr?NINC::. r' , 11 ~ i" ~) .-1 i L ' `r 7--~--