HomeMy WebLinkAboutReso 1964-3309Andrew W. Hom
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RESOLUTION N0. 3309
~.ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIlING LICENSE AGREEMENT 'WITH ANDREW J. HOM FOR THE
INSTALL.iTION ANll MAINTENANCE OF 6,lATER LINE ON "F" STREET
aJHEREAS, the City of Chula Vista has heretofore granted per-
mission to r1NUR.3'W W. HOM to establish a private water line in °'F"
Street subject to certain terms and conditions, and
WHEREAS, it appears that another and larger water line is
required and it further appears to be in the public interest to
allow such a water line to be so installed,
NOW, THEREFORE, FsE IT RESOLVED as follows:
1. The attached agreement between said ANilRdW (~. HOM and
file City of Chula Vista granting permission to locate a private
water line in "F" Street upon certain conditions is hereby
approved and the Mayor is authorized to execute same.
,,~ .
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 4t~i day of February ,
19 64 , by the following vote, to-wit;
AYES: COUNCILMEN Smith, DeGraaf, McMains, McAllister. Megzel
NAYES: COUNCILMEN None
ABSENT; COUNCILMEN None
Mayor of the City f CtKila Vista
i
ATTEST ls;_, ~';~ ~ l ~!,/ //,/
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of ,
and that the same has not been amended er repealed.
DATED;
City Clerk
LICENSE AGREEMENT BETvJEEN ANDREW W. HOM
AND THE CITY OF CHULA VISTA
This agreement entered into this 4th day of February, 1964, by and
between the City of Chula Vista, and Andrew W. Hom, Licensee,
1. The City of Chula Vista hereby grants to said Andrew W. Hom a
license and permission to construct, install and maintain a pipe line for
the purpose of carrying water only, and no larger than eight inches (8")
in diameter in that certain real property described as:
Portions of i~uartersections 162 and 172 of
Rancho de la Nacion, as shown on Map 505,
filed in the office of the Recorder of San
Diego County, State of California, on March
13, 1888; said land being also described as
a portion of "F" Street in the City of Chula
Vista; and more particularly described in
two parcels as follows:
Parcel No. 1
The Northerly forty (40)feet of the Southerly
half of said Quartersection 172 of Rancho de
la Nacion.
Parcel No. 2
The Westerly one hundred and seventy (170)
feet of the Northerly forty (40) feet of the South-
erly half of said ~uartersection 162 of Rancho
de 1a Nacion.
and as per plat attached hereto, dated June 20, 1962, Job No. 09-62067,
to which reference is hereby made and the same incorporated herein by
this reference thereto as though here set forth in full, provided that
the precise location of said water line shall be satisfactory according
to the approval of the City Engineer of the City of Chula Vista.
2. This agreement is in addition to and supplements that certain
agreement dated July 3, 1962, approved by Resolution No. 2874, and any
ambiguity, uncertainty or inconsistency between this agreement and the
said agreement dated July 3, 1962, shall be resolved in favor of this
agreement.
3. This permission and license and water pipeline shall serve only
the real property described as:
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5. Licensee agrees and stipulates hereby that he does not and shall
not claim at any time any interest or estate of any kind or extent whatso-
ever in the premises by virtue of this license, or his occupancy or use
hereunder.
5. The licensee shall save the City of Chula Vista harmless from any
and all liability for personal injuries or property damages, or for loss
of life or property resulting from or in any way connected with the condi-
tion or use of the premises covered by this license by licensee or from
any liability or personal injuries of property damage or loss of life or
property resulting from or in any way connected with the installation, con-
, - struction or maintenance of the said water line.
7. Licensee further agrees that if either the four-inch line hereto-
. fore installed or the eight-inch line subject of this agreement need to
be repaired, moved, removed, altered or modified in any manner whatsoever,
or if it shall be convenient to the City of Chula Vista that either or
both of said lines be so changed, that Licensee will pay all expenses and
costs for such repairs, moving, removing, alterations or modifications.
8. It is further agreed that the installation of said line and all
work in connection therewith shall be done by a contractor properly licensed
by the State of California, and that said licensee shall deposit with the
City of Chula Vista a copy of such contracts prior to the commencement of
any installation of such water line, and further that all bonds or under-
takings required by the Ordinances of the City of Chula Vista shall be
posted. Licensee agrees to notify the City Engineer of the City of Chula
Vista twenty-four hours prior to commencement of any work in connection
with these lines.
Dated: This 4th day of February, 1964.
CITY OF CHULA VISTA ANDREW ~ HOM
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' Mayor ~
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City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
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~On th:is;~~h day of !'~~~%~~ 1964, before me, C~7crc~`-~'
~~ C 1~~9 ~1 T a Notary Public, personally appeared KEITH W. Mr,NZEL
and KENNETH CAMPBELL, known to me to be the persons who executed the within
instrument in behalf of the corporation therein named and acknowledged to
me that such corporation executed the same.
Notary Public in and for said County
and State
GORDON K. GRlaNT
My commission expires September 22, 1364
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
On this ,~_ day of f~B.e~-ve~_, 1964, before me,
M.v commssi~n exo;-,~ i„ ~, a Notary Public, personally appeared ANDREW (~,
HOM, known to me to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same.
:,~.~ G-9
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Notary Public in and o said County
and State
My commission expires Jan. 24, 1966