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HomeMy WebLinkAboutReso 1966-3963 -Form No. 342 RESOLUTION NO. 3963 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VIOLA A. ULAND FOR CONSTRUCTION OF PEDESTRIAN WALKWAY 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 VIOLA A. ULAND, an individual, for the construction of a pedestrian walkway for the purpose of serving third Avenue and the Madrona Parking Lot, dated the 18th day of January , 19 66 , 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 fo b 7\ ,) George D. Lindberg, City Attorney -1- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18tlday of January , 19 66 , by the following vote, to-wit: AYES: COUNCILMEN Sparling, McMains, McAllister, Anderson, McCorquodale NAYES: COUNCILMEN None ABSENT: COUNCILMEN None 1 - Mayor of the City of Chula Vista ./ t,,./ ATTEST ,-7 �_ ,,..7 ;— _,,./ , __, 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 iii 3 7 3 CC 652 •• • 2 CONTRACT FOR CONSTRUCTION OF PEDESTRIAN WALKWAY THIS AGREEMENT, made and entered into this 18th day of January , 1966, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City, " and VIOLA A. ULAND, an individual, hereinafter called "Owner. " W I T N E S S E T H ; WHEREAS , City desires to construct a pedestrian walkway or sidewalk over a portion of the twenty foot (20 ' ) wide alley in Block 6 of Chula Vista Villa Tract No. 2 , according to Map thereof No. 1206 on file in the office of the County Recorder, County of San Diego, State of California, belonging to VIOLA A. ULAND, for the purpose of serving Third Ave. and the Municipal Parking Lot known as the Madrona Parking Lot, and WHEREAS , Owner is willing to permit City to construct said pedestrian walkway, and has heretofore granted to the City an easement over said property for said purpose, and WHEREAS, the construction of said pedestrian walkway will re- quire the removal of portions of a building owned by said VIOLA A. ULAND fronting on Third Ave. , the construction of an exterior wall at the southerly edge of said easement which will contain an appropriate display window, the construction of an appropriate display window in the existing northerly wall, and a pedestrian bridge leading to said walkway from the Madrona Parking Lot. 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. Owner agrees to convey to the City an easement for side- walk or pedestrian walkway purposes , over that property more particularly described in Exhibit A, attached hereto and by this reference incorporated herein, as if set forth in full. 2 . City agrees to perform such necessary removal, construction, alteration of the premises and construction of the five foor pedestrian walkway and foot bridge, as shown on Drawings No. T-473 and T-473A on file in the Office of the City Engineer of the City of Chula Vista. 3 . City agrees to pay all costs of said construction and necessary painting of the exterior walls of the premises facing on said pedestrian walkway. 4 . City agrees to assume all costs of maintenance of said pedestrian walkway. 5. Owner agrees to assume all costs of maintenance and repair of the premises located on either side of the pedestrian walkway and the roof over the walkway. 6 . It is further understood and agreed by the parties hereto that the Owner shall indemnify and hold City harmless from any and all claims for damage or suits for loss , including costs and attorneys ' fees from acts or omissions by Owner, its successors iniinterest, heirs or assigns, arising from the maintenance or failure to maintain, and/or the alteration or repairs of said exterior walls of the premises located on either side of the pedestrian walkway or the roof or covering above said walkway. -1- 1- 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. 3963 of the City Council of the City of Chula Vista, and Owner has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE CITY OF CHULA VISTA Eleanor Anderson, Mayor OWNER:7 _ ,) J (f /i ' :(//7 / Viola A. Uland `- ! Approved as to form__ by i Cl 4t( `�� cG't 1_ - " 1 George D. I4ndberg ,` City Attorney -2- ._3 f LS Exhibit A LEGAL DESCRIPTION OF EASEMENT FOR AN ARCADE A five foot wide easement for pedestrian walkway purposes over a portion of Lot 20 and a closed portion of the 20 foot wide alley in Block 6 of Chula Vista Villa Tract No. 2 according to Map thereof No. 1206 on file in the office of the County Recorder, County of San Diego, State of California, the center- line of said easement being described as follows ; Beginning at the Northwest corner of said Lot 20; thence South 18°31' East along the Westerly line of said Lot, 7. 13 feet; thence Easterly, perpendicular to said Westerly line, in a straight line to the Southerly prolongation of the Easterly line of Lot 1 of Block 6 of said Chula Vista Villa Tract No. 2; the Northerly and Southerly lines of said easement shall be lengthened or shortened as needed to terminate on the Westerly line of said Lot 20 on the West and on said Southerly prolongation on the East. Property Owner: Viola A. Uland Written by: WFG Checked by: MJM October 18, 1965 3913