HomeMy WebLinkAboutReso 1965-3711RESOLUTION NO. 3711 Form No. 342
RESOLUTION NO. 3711
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
PRINCESS PARK ESTATES , INC. , HOLDING THE CITY HARMLESS AND INDEMNIFYING
SAID CITY FROM ANY AND ALL LIABILITY ARISING FROM THE DIVERSION OF THE
NATURAL STREAM AND BED IN THE AUTHORIZING SUBDIVISION
MAYOR KNOWN
O EXECUTE PRINCESS MANOR UNIT NO. 7
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 Princess Park Estates, Inc.
dated the 11th day of May
1965 , 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 Cole, City Engineer
Approved as to form by
George D. Lindberg, City Attorney
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ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 11t]day of. May ,
19 65 , by the following vote, to-wit:
AYES: COUNCILMEN Sparling, McMains, McAllister, Anderson, McCorquodale
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
,
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Mayor of the City of Chula Vista
!l ATTEST__4- <_-_ ,/' ;_1_ E
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and that the same has not been amended or repealed.
DATED:_
City Clerk
CC 652
AGREEMENT
THIS AGREEMENT, made this 11th day of March, 1965, by and
between PRINCESS PARK ESTATES, INC. , a corporation, STEWART TITLE
COMPANY, as trustee, hereinafter called "Subdividers," and the CITY
OF CHULA VISTA, a municipal corporation hereinafter called "City,"
W I T N E S S E T H :
WHEREAS, Subdivider is the owner of certain land lying within
the boundaries of the City of Chula Vista, State of California, known
as Princess Manor Unit No. 7 Subdivision, which is a subdivision of
that portion of the East half of the West half of Quarter Section 92
of Rancho de la Nacion, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 166 by Morrell, filed
in the Office of the County Recorder of San Diego County, May 11, 1869,
and
WHEREAS, City has heretofore approved the tentative map
of said subdivision subject to the conditions set forth in Resolution
No 3502, adopted by the City Council of the City of Chula Vista on
September 15, 1964, and
WHEREAS, the development of said subdivision will possibly
divert the natural stream bed to adjacent properties, subjecting said
adjacent properties to a possibly increased drainage flow, and
WHEREAS, City requires as a condition of the approval of
the final map of said subdivision that, among other things, Subdividers
and/or their successors in interest, will indemnify and hold harmless,
by written agreement, the City of Chula Vista from any and all liability,
loss, damage, claim, or claims which may arise by reason of said
diversion of the natural stream bed.
NOW, THEREFORE, in consideration of the premises and for
other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto, their heirs, successors, and assigns,
mutually agree as follows:
1. The Subdividers, their lessees, successors, and assigns
will hold City harmless from any and all damage, loss, or injury to
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any person or property which may occur directly or indirectly from
the construction, maintenance, use or operation of any structures,
buildings, or facilities constructed on said land, or any appurtenant
structures or accessory operations, 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 construction which may
divert the natural stream bed to adjacent properties.
2. Subdividers, for themselves, their lessees, successors,
or assigns expressly assume any and all risks that may arise by reason
of said diversion of the natural stream bed.
3. In the event suit is brought upon this agreement to
enforce the terms hereof, City shall be entitled to a reasonable sum
as attorneys' fees.
4. The foregoing agreement shall run with the land and shall
be part of a general plan for the protection and benefit of the parties
hereto, and their lessees, successors, or assigns.
IN WITNESS WHEREOF, City has caused this agreement to be
executed by having affixed thereto the signature of the Mayor of said
City, acting under and pursuant to Resolution No. 3711 of the Council
of the City of Chula Vista, and Subdividers have caused this agreement
to be executed the day and year first hereinabove written.
THE CITY OF CHULA VISTA
Eleanor"Anderson-, Mayor
PRINCESS PARK ESTATES, INC.
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STEWARTTLE COMP
Approved as to form by
George D. / indberg, ity Attor --e
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