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Home My WebLink AboutReso 1967-4368Form No. 342 RESOLUTION N0. 4368 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE PERMANENT ENCROACHMENT ON THE PUBLIC RIGHT- OF-WAY IN INDUSTRIAL BOULEVARD, MOSS STREET AND WEST BAY BOULEVARD, FOR THE CONSTRUCTION AND MAINTENANCE OF A DESALTED WATER TRANSMISSION PIPELINE 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 THE CITY OF SAN DIEGO, for the permanent encroachment on the public right-of-way in Industrial Blvd, Moss Street, and West Bay Blvd., for a desalted water transmission pipeline. dated the 4th day of April 19 67, 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 I"T FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement f~~~r and on behalf of said City. Presen ed by Lane F. Cole, Director of Pub is Works Approved as to form by George D, indberg, City Atto -1- AI50~yED r_RD ARPRO`JF;D by _Yte ~'ITY C~CTNCIL of the ;.QTY Cr ~;?3±T1~ Vl~.+.r , CAI,lFGi2N-~A, this _ 4th ~ day of April ~ 67 ~_-_-_ ____.~~, 9 _ , ~y the r:~loTasng vote, to-wits A`x'FS;' Councilmen _Anderson, McAllister, Sparlin~ NAYES ~ Co~a~-~ci i~rer: McCor uodale __ e~~-~_~ R _._.________~~ M ABSENTS Co7anc::Ime_~ ~lvester ---- .- _ ~1 ?1~. ayor of the City of Chu'_a ~iista h T. TE S T ~ ~ ..c.,--c.-..c.~~.E ,,f G ~,~-~, City Clerk STATE OF CAL Iy ORN 1~, COiTNT'~ OF SAIV DLti:GG ;~ ss . CITY OF ~CHU:LA ~'?ST.~ ~ I~ KENN~;TH r .. Cti.~IEBEL~, City Cler.c cf t:~e City of Chula 'd_sta.,California, DO HEREBY CERTIFt' that the abo~~e ar.d f;~r_e+~oi_ng is a ft;i? true. t.d co--rec copy of _~__ and that trse same t'.as nor_ been amended or repealed. ~ArLD,; Cite Clerk C~-652 y 36~ ~~~~L~~~~'~G1~11 l/ ~ ~- A G R E E M E N T THIS AGREEMENT is made by THE CITY OF SAN DIEGO, a municipal corporation, herein called "San Diego," and by THE CITY OF CHULA VISTA, a municipal corporation, herein called "Chula Vista." R E C I T A L S A. San Diego has entered into an agreement with the. United States of America, Department of Interior, Office of Saline Water, and the State of California, Resources Agency, Department of Water Resources, ~Eor the acquisition, construction, maintenance and operation of a sea water conversion facility. B. The desalted water product from such facility is to be transmitted through a pipeline to be constructed by the State of California. C. The proposed transmission line will encroach on the public right-of-way of Chula Vista. D. After construction of the transmisssion line, San Diego will have responsibility for maintenance and operation of it. E. San Diego desires to obtain Chula Vista's permission to encroach on such public right-of-way, and F. Chula Vista is willing to grant permission for such encroach- ment. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, San Diego and Chula Vista agree as follows: 1. Chula Vista hereby grants permission to San Diego to encroach permanently on the public right-of-way of Chula Vista to maintain a water transmission pipeline as shown on Exhibit "A" attached to this agreement and incorporated within this paragraph as if set forth in full. 2. Chula Vista hereby grants permission to the State of California, Resources Agency, Department of Water Resources, to construct a sixteen- inch steel transmission pipeline in Industrial Boulevard, Moss Street and West Bay Boulevard, as shown on Exhibit "A". -1- ~ _ ~~ ~t 3. Chula Vista hereby grants to San Diego access to the encroach- ment area for maintenance and repair of the transmission line. 4. The installation of the transmission line shall in no way interfere with any existing utility. Any relocation of an existing utility required by virtue'of the installation of the transmission line shall be at the sole expense of San Diego. 5. Maintenance, removal or relocation of the transmission line shall be the sole responsibility of San Diego or its successor in interest at no expense to Chula Vista. 6. Tile transmission line installation shall conform to the standards of Chula Vista and with the following regulations: (a) There shall be a minimum of three feet of cover. (b) Excavation and backfill must conform to the contract specifications for the San Diego Desalted Water Transmission Facility--Specification No. 67-12 of the State of California, Department of Water Resources. (c) Structural street section shall consist of two inches ~. of asphaltic concrete, 1/2-inch fine mix grade 60-70 asphalt, over six inches of 3/4-inch Class II aggregate base material. All materials shall conform to the State of California standard specifications dated July 1964. 7. San Diego agrees to maintain and repair, to the satisfaction of the Chula Vista City Engineer, any defects or faults occurring in the improved roadways of Industrial Boulevard, Moss Street, and West Bay Boulevard as a result of the installation of said transmission line, at the sole expense of San Diego. 8. San Diego shall indemnify and save Chula Vista, its elective ar~d appointive boards, .officers, agents and employees, ,free and harm- less of and from all claims, demands, losses and liability, including legal fees arising out of San Diego's encroachment in the public right-of-way of Chula. Vista. San Diego will defend Chula. Vista, its elective and appointive boards, officers, ,.agents and employees from -2- ~~~~~~~ .. any suits or actions at law or in equity arising out of such encroach- ment. Nothing contained in this paragraph shall be construed as an agreement by San Diego to indemnify and save harmless Chula. Vista, its elective and appointive boards, ,officers, agents and employees from claims, demands., losses or liabilit y, including legal fees, arising out of the installation by the State of California of the transmission line. San Diego's liability shall commence upon cessation of contractor's liability for the transmission line. IN WITNESS WHEREOF, this agreement is executed by the City of San Diego acting by and through its City Manager, ,pursuant to Resolution No. -~-~~.~.~~ , and by the City of Chula Vista, acting by and through its Mayor, pursuant to Resolution No. 4368 authorizing such execution. Dated this 4th day of April, 1967. 4~7alter Hahn, ~'r. T~ e CITY OF S DIEGO City ,Manager' ~, / i _ il;~,SSNtariLCity Manag`er`' `' ~ / J~ The CITY. OF CHULP, VISTA Mayor I HEREBY APPROVE the form and legality of the foregoing agreement '~ . this / day of~o~~~ ~ 1967. r EDi^1~,RD ~TLE , ~};C1.TY ATTORN~?~ ~, 9 ,~~.~ J. ~ewman-Crawford, De~~tty M Approved as to form by '`'~""~~° ~~ eorge D. ndberg, Ci y.Attorne -3- ~_~/ ~~ ~' i ~ ~~ 1 , ~ ~ \ 1 II \, \~\\ --~" Ii \, ~~. I ~ / ,~- ii ~% \` \ \\`„ \ ` ~~1 ~1 ~ ' 1 ~~`, fem. ~~ ~~. I n \~\~ l~~nv~. ~ ~~i~1 U~~CVU %- ~ ~~ i "" \\ = \. ,\ C O `i N !~ CC I Q' i i qr ~~ ~ ~v . SCALE 1 - 2000 ~ l h ~f, ~ ~ ~ I ui~ ~ 16~~ UJ;;T~ft Tn^AVS~iSSION -, i I SOUTy BAY ARcA _) _. 3-9-67 J ~I 11 ~ ~ 1 II 1~ ~~ I I _I I~ :; r~, .;vt. J/ ~, „ i \ i". ~J r ''~i :~/ r ~ ,. _ / .•t r , _r~ _' VO ~i ~I ~4- _.'i n ~-n ji I I S ~ , II ii II. ..i I_-_ --I,__~J I ii ~~ S ~-G~~ I -~ ~ 'I 'I _ V, ii ~ ,~Y \~ it ~ ~~ \'~SFuli._.. DIEGO ~'\\ , n . '- r ~ `.r/: 1~~~~~,~J~~f~~~ l~T~o ~~~~~~ ADOPTED ON ~~''~ ~ ~ ~tit~~".~ _ BE IT RESOLVED by the Council of The City of San Diego as follows: +1.:i:~ ., :v..~.~ ,,, i. 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W,M 4 r L1 FORM CC•1270 (REV. 10.61) i ~ V Passed and adopted by the Council of The City of San Diego on April 1$, 1967 , by the following vote; YEAS -- Councilmen: __deKirby, Scheidle, Hom„ Morrow, Walsh, Ha~c,,~,_.~'~yor C~~rran NAYS -- Councilmen: None ABSENT -- Councilman: Cobb, Schaefer. AUTHENTICATED BY: FRANK CURRAN, Mayor of The City of San Diego, California. JOHN LOCKWOOD, City Cleric of The City of San Diego, California. (SEAL } By HELEN L. STEPHENS , Deputy. I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. ~_~~':~~~ passed and adopted by the Council of The City of San Diego, California, on _ April 1~, 1962 , JOHN LOCKWOOD City Clerk of The City of San Diego, California. (SEAL ) ~ B _- ~~ ~ ~ '~ _ ~~,~ f ~ -~~~ Y , leputy. f~- ~ ~ ~ `~