Loading...
HomeMy WebLinkAboutAgenda Statement 1987/07/21 Item 19a,b COUNCIL AGENDA STATEMENT Item 19a, b Meeting Date 7/21/87 ITEM TITLE: a) Resolution/2/ ,_ Authorizing the Mayor to execute an easement to Otay Water District for underground water facilities across City-owned property to serve Kids Unlimited, a child-care center b) Resolution Approving Hold Harmless Agreement with Kids Unlimited, Inc. for the installation of underground utilities across City-owned property SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manage (4/5ths Vote: Yes No X ) Otay Water District has requested that the City grant an easement in, upon, over and across certain portions of City property for the purpose of laying underground water pipelines, laterals, main sewer lines, trunk sewer lines, collection lines and laterals, sewer manholes, and other underground and surface structures appurtenant to said water and sewer lines. This easement is required by Otay Water District so they may provide utilities to Kids Unlimited, Inc. , a child-care center. Kids Unlimited recently purchased an excess piece of property from the City of Chula Vista located at Telegraph Canyon Road and Paseo Del Rey. Both San Diego Gas & Electric and Otay Water District have a condition within their easement documents that should their lines need to be removed or relocated in the future, the City will provide a new easement and pay all costs for removal and relocation thereof. In order to protect the City against the cost associated with such relocations if needed, the City has requested Kids Unlimited to provide the City with a Hold Harmless Agreement. This agreement calls for the following: 1 . The City will grant easements across their property to San Diego Gas & Electric and Otay Municipal Water District for the installation, operation and maintenance of electrical and water lines. 2. Kids Unlimited will hold the City of Chula Vista harmless from any cost or liability due to that easement or the utility lines in the easement. 3. Kids Unlimited agree to pay the City of Chula Vista the cost incurred as a result of the removal or relocation of the utilities and if not paid within 30 days, the City may place a lien on the real property of Kids Unlimited in an amount not to exceed $20,000 to cover City's cost plus appropriate attorney's cost necessary for the collection. 4. This agreement will be recorded upon the land owned by Kids Unlimited and shall be binding upon their successors, heirs, and assigns. Page 2, Item 19 b Meeting Date 5. Kids Unlimited hereby grants to the City of Chula Vista a lien in the amount of $20,000 upon their property in the event that Kids Unlimited, their successors, heirs, assigns or transferees, fail to install or construct said improvements in the manner and within the time specified herein. RECOMMENDATION: That Council : 1 . Authorize the Mayor to execute the attached easement across City-owned property to Otay Water District so that water facilities may be provided to Kids Unlimited. 2. Approve the agreement with Kids Unlimited to secure the future costs of any relocation of underground utilities. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed easement is across City-owned property adjacent to Telegraph Canyon Channel . The granting of this easement should not pose any hardship on the City in terms of maintaining the drainage channel and/or the construction of any possible future improvements. Attached is a sketch showing the general location of the property purchased by Kids Unlimited and the general location of the easement. FISCAL IMPACT: None. WPC 3021E j t ;c �i..11 C..o.:mcii of Chula Vi a, Culifcrnia Dated / /17 I ' -' -, COUNCIL AGENDA STATEMENT Item 19a, b Meeting Date 7/21/87 ITEM TITLE: a) Resolution Authorizing the Mayor to execute an easement to Otay Water District for underground water facilities across City-owned property to serve Kids Unlimited, a child-care center b) Resolution /✓/ 4/ Approving Hold Harmless Agreement with Kids Unlimited, Inc. for the installation of underground utilities across City-owned property SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manage (4/5ths Vote: Yes No X ) Otay Water District has requested that the City grant an easement in, upon, over and across certain portions of City property for the purpose of laying underground water pipelines, laterals, main sewer lines, trunk sewer lines, collection lines and laterals, sewer manholes, and other underground and surface structures appurtenant to said water and sewer lines. This easement is required by Otay Water District so they may provide utilities to Kids Unlimited, Inc. , a child-care center. Kids Unlimited recently purchased an excess piece of property from the City of Chula Vista located at Telegraph Canyon Road and Paseo Del Rey. Both San Diego Gas & Electric and Otay Water District have a condition within their easement documents that should their lines need to be removed or relocated in the future, the City will provide a new easement and pay all costs for removal and relocation thereof. In order to protect the City against the cost associated with such relocations if needed, the City has requested Kids Unlimited to provide the City with a Hold Harmless Agreement. This agreement calls for the following: 1 . The City will grant easements across their property to San Diego Gas & Electric and Otay Municipal Water District for the installation, operation and maintenance of electrical and water lines. 2. Kids Unlimited will hold the City of Chula Vista harmless from any cost or liability due to that easement or the utility lines in the easement. 3. Kids Unlimited agree to pay the City of Chula Vista the cost incurred as a result of the removal or relocation of the utilities and if not paid within 30 days, the City may place a lien on the real property of Kids Unlimited in an amount not to exceed $20,000 to cover City' s cost plus appropriate attorney's cost necessary for the collection. 4. This agreement will be recorded upon the land owned by Kids Unlimited and shall be binding upon their successors, heirs, and assigns. Page 2, Item 19 b Meeting Date Kids Unlimited hereby grants to the City of Chula Vista a lien in the amount of $20,000 upon their property in the event that Kids Unlimited, their successors, heirs, assigns or transferees, fail to install or construct said improvements in the manner and within the time specified herein. RECOMMENDATION: That Council : 1 . Authorize the Mayor to execute the attached easement across City-owned property to Otay Water District so that water facilities may be provided to Kids Unlimited. 2. Approve the agreement with Kids Unlimited to secure the future costs of any relocation of underground utilities. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed easement is across City-owned property adjacent to Telegraph Canyon Channel . The granting of this easement should not pose any hardship on the City in terms of maintaining the drainage channel and/or the construction of any possible future improvements. Attached is a sketch showing the general location of the property purchased by Kids Unlimited and the general location of the easement. FISCAL IMPACT: None. WPC 3021E y C.ty C2 Chula Vista, California Dated