HomeMy WebLinkAboutReso 1990-15501 RESOLUTION NO. 15501
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENTERING INTO A HOLD HARMLESS AGREEMENT WITH THE SOUTH
BAY IRRIGATION DISTRICT AND THE SWEETWATER AUTHORITY
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the South Bay Irrigation District and the Sweetwater
Authority have two utility easements through the eastern end of Rohr Park
where grading for athletic fields will occur in Phase I of the Rohr-Sweetwater
Park Construction project, and
WHEREAS, South Bay Irrigation District and the Sweetwater Authority
are requiring the City to enter into a Hold Harmless Agreement to protect
itself and its officers from any liability, claims, and damages which may
result from damage to the water mains.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve entering into a Hold Harmless Agreement with
the South Bay Irrigation District and the Sweetwater Authority, a copy of
which is attached hereto and incorporated herein by reference as if set forth
in full.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
be, and he is hereby authorized and directed to execute the Agreement for and
on behalf of the City of Chula Vista.
Presented by Approved as to form by
D. Rlc)la~d~udo)f
Director of of Parks and Recreation Assistant Ci~ Attor
Resolution No. 15501
Page 2 --
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of February, 1990 by the following vote:
AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
----s.,.'. ' >;-.' 1'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15501 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 6th day of
February, 1990.
Executed this 6th day of February, 1990.
Resolution No. 15501
PLEASE RECORD THIS DOCUMENT AT NO FEE Page 3
AS IT IS OF BENEFIT TO THE AUTHORITY
Recording Requested By
And When Recorded Return To:
SWEETWATER AUTHORITY
505 Garrett Avenue
Chula Vista, CA 92012
Attn: Engineering Dept.
PERMIT AND
HOLD HARMLESS AGREEMENT
This agreement is made as of the 6th day of February ,
1990, by and between The City of Chula Vista ("Owner"), and his heirs,
assigns, and successors in interest, and the SOUTH BAY IRRIGATION
DISTRICT and the SWEETWATER AUTHORITY (collectively "Operators").
RECITALS
A. The South Bay Irrigation District is the Owner of the water system
which is operated by the Sweetwater Authority. Said water system
includes 6-inch and 36-inch water mains and easements (Operators'
easements) which are described in Exhibits "A" and "B"
respectively, attached hereto and made a part hereof.
B. Owner is the owner of property described on Exhibit "C", attached
hereto and made a part hereof, and referred to as Rohr Park. Owner
is proposing improvements to Rohr Park including but not limited.
to, landscaping, irrigation systems, softball fields and grading.
C. The Owner's improvements will encroach upon the Operators'
easements. As a result of said encroachment, the Operators' water
mains may cause damage to Owner's improvements. As a further
result of the Owner's improvements, the cost of repairing water
mains would be in excess of the cost of repairing said water mains
in the absence of Owner's improvements.
Resolution No. 15501
Page 4
AGREEMENT
Therefore, in consideration for the Operators consent to the ,,;-"'
aforementioned improvements, it is mutually agreed as follows:
1. Owner is hereby permitted to encroach in the Operators'
easement area specified on Exhibht "C" with its improvements. _
2. Owner for itself, it heirs, assigns and successors in interest
agrees to hold Operators harmless from any liability, claim,
demand, damage, or cost suffered or incurred by Owner which
results directly or indirectly from flow, rupture, or spilling
of the 6-inch and the 36-inch water mains passing through the
Operators' easements caused by Owner's encroachment.
3. Owner, for himself, his heirs, assigns and successors in
interest agrees to indemnify Operators for all costs and
expense which are necessary to repair Operators' water mains
which exceed the costs to irepair said water mains if the
Owner's improvements did not encroach upon the Operators'
easement, as to repairs necessitated by Owners' encroachment.
4. This Agreement shall remain in full force and effect and inure
to the benefit of Operators and their successors in interest
so long as the aforesaid encroachment in Operators' easements
continue in existence.
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Resolution No. 15501
Page 5
OWNER
/
SOUTH BAY IRRIGATION DISTRICT
Date: By
President
Date: By
Secretary
SWEETWATER AUTHORITY
Date: By
Chairman
Date: By
Secretary
-3-
T/AGREE: HLDHARM
Resolution No. 15501
ACACIA AVE.
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~ ~=INCH WATE~'MA
Resolution No. 15501
EXHIBIT B .... Page 7 '*
PARCEL "A":
A 30 FOOT STRIP OF LAND, 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF QUARTER SECTION 47, BEARING
SOUTH 71032' WEST, 711.8 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER
SECTION; THENCE SOUTH 44°52' WEST, 665.3 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, BEARING SOUTH 19°58'
EAST, 298.5 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE CONTINUING SOUTH 44°52' WEST, 723.1 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF A 4° CURVE TO THE RIGHT, 262.5 FEET; THENCE SOUTH 55°22'
WEST, 60.4 FEET TO THE EAST LINE OF THE WESTERLY 330 FEET OF SAID QUARTER
SECTION.
PARCEL "B":
THAT PORTION OF THE WESTERLY 100 FEET OF THE EASTERLY 1/2 OF THE WESTERLY
1/2 OF QUARTER SECTION 47, LYING NORTH OF THE SAN DIEGO AND SOUTH EASTERN
RAILWAY RIGHT-OF-WAY.
N/MISC/ROHRPARK
Resolution No. 15501
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