HomeMy WebLinkAboutReso 1985-12173 RESOLUTION NO. 12173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAN DIEGO GAS AND ELECTRIC IN CONNECTION
WITH CHULA VISTA TRACT 81-4, BONITA LONG CANYON
ESTATES UNIT 1
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~4ENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agre~nent between THE CITY
OF CHULA VISTA, a municipal corporation, and SAN DIEGO GAS AND
ELECTRIC in COnnection with Chula Vista Tract 81-4, Bonita Long
Canyon Estates - Unit 1 for the construction, operation and main-
tenance of a 12' sewer line across SDG&E property
dated the 24th.day of September , 1985, 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 the City of Chula
Vista.
Presented by Approved as to form by
f~ohn P. Ll~pitt, Director (~ T~6mas J. ~a~ron, City
Vof Public Works/City Engineer ~Attorney /J
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th d~ aL September
~9 . 85 , by the following vote, to-wit:
AYES: C0uncilmembers Cox, Moore, Scott, McCandliss
NAYES: Counci ] members None
ABSTAIN: Counci lmembers None
ABSENT: Counci ] members Malcolm
~Cy°r (~-f t~ City of Chula Vista
city C,erk_J 7'
3TATE Of CALIFORNIA )
3aUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the above ond foregoing is 0 full, true and correct copy of
RESOLUTZ0N NO. 12173
,and that the same has not been amended or repealed.
ATED.
(seal) City Clerk
C-660
Please Return To:
P. O. Box 1087
Vista, Calitornia 92012
RESOLUTION NO. 12173
RESO .OTION Or T.E CIT COUNCil. OF THE
VISTA APPROVING AGREEMENT BETWEEN THE CITY CHULA
VISTA AND SAN DIEGO GAS AND ELECTRIC IN CONNECTION
WITH CHULA VISTA TRACT 81-4 BONITA LONG CANYON
ESTATES - UNIT 1 '
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREf~4ENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreenent between THE CITY
OF CHULA VISTA, a municipal corporation, and SAN DIEGO GAS AND
ELECTRIC in Connection with Chula Vista Tract 81-4, Bonita Long
Canyon Estates ~ Unit 1 for the construction, operation and main-
tenance of a 12 sewer line across SDG&E property
dated the 24th day of September , 1985, a copy of which is
attached 'he-~-6 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 the City of Chula
Vista.
Presented by Approved as to form by
~ . tn ~ , ity
is Woirks Ci' .ohn P. ~~i~t
/ ty Engineer ~;~t torney {/
ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
2HULA VISTA, CALIFORNIA, this.. 24th d~y of_ September
9 -85 , by the following vote, to-wit:
~YES: C0unci]membevs Cox, Moore, Scott, McCandliss
~AYES: Councilmembers _ None
~BSTAIN: Councilmembers None
iBSENT: Counci l members Malcolm
616yor (~f t~ City of Chula Vista
city c,e,k? ' Z
STATE OF' CALIFORNIA )
COUNTIJ OF' SAN DIES;O ) ss.
CITU. U OF' CHU. LA VISTA )
Is ADELE A. SARMIENTO, DEPUT~,J CIT~] CLERK of the CitB of Chula Vista,
Calt~:ornta, DO HEREBlJ CERTZF.y that the above and deore~oin<.7 is a deull,
true a.d correct copH ode RESOLUTION NO. 12173 . anH that the same
DATED .October 15, 1985
(.seat)
Recording Requested by 1370
The City of Chula Vista
When Recorded
City Clerk's Office
City of Chula Vista
P. O. Box 1087
Chula Vista CA 92012
.SPACE ABOVE FOR RECORDER'S USE
ORIGINAL 3OINT USE AGREEMENT
The undersigned declares consideration is less than $100.00 and Transfer Tax
lS none.
THIS AGREEMENT, dated .Se tenet 24 1985 , by and between SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation (SDG&E), and the CITY OF CHULA VISTA, a municipal
corporation (Second Party), is made with reference to the following facts:
A. SDG&E is engaged in the business of transmitting and distributing gas and
electricity within the county of San Diego, State of California and has facilities for
such purposes located in, upon, over, under and across that certain easement and
right-of-way granted to SDG&E as described on Exhibit A attached hereto (SDG&E's
Easement);
B. Second Party desires to acquire and is now acquiring an easement and
~.ght-of-way and intends to construct, operate and maintain therein a 12" sewer line
n the configuration shown on Exhibit B, attached hereto (Second Party's Facilities);
and
C. Second Party desires to obtain SDG&E's consent for the construction,
operation and maintenance of Second Party's facilities in, over, under and across
SDG&E's Easement along the route(s) particularly shown on said Exhibit B (Designated
Route(s).
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. Second Party, its successors in interest and assigns, shall have the right and
privilege to construct, operate and maintain Second Party's Facilities in,
over, under and across SDG&E's Easement by the Designated Route(s), together
with the right of ingress thereto and egress therefrom by practical route(s).
In the event Second Party's route(s) of ingress or egress at any time, in the
sole discretion of SDG&E, conflict with SDG&E's use of the SDG&E Basement,
Second Party agrees, upon notice from SDG&E, to relocate said route(s).
2. If use or proposed alteration of a Designated Route for Second Party's
Facilities shall at any time necessitate a rearrangement, relocation or
reconstruction of any of SDG&E's facilities and/or the acquisition of
additional easements by SDG&E, Second Party shall give notice to SDG&E
requesting such rearrangement, relocation or reconstruction and shall, in good
faith, to the best of its ability, and without cost to SDG&E, cooperate with
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1371
SDG&E personnel to effect the same. SDG&E shall cooperate with Second Party
to effect such rearrangement, relocation or reconstruction. Second Party
shall, upon receipt of an invoice from SDG&E, promptly reimburse SDG&E for all
costs and expenses incurred by SDG&E in connection therewith.
3. Second Party agrees not to permanently interrupt the use or operation of
SDG&E's facilities. Any temporary interference with the use or operation of
SDG&E's facilities shall be made only with SDG&E's prior written consent,
except for emergency repairs pursuant to Paragraph 8 below.
4. SDG&E shall be deemed the "party first in place" and its rights and interests
shall be prior in time and superior in title to those of Second Party.
5. Should Second Party desire to construct, install and maintain surface or
subsurface installations other than those specifically provided for in
Exhibit B, Second Party shall obtain prior written approval of plans and
specifications for any such proposed installation from SDG&E, including
alignment and locations of all proposed work. Second Party will submit such
plans in writing to SDG&E not less than forty-five (45) days before the date
of anticipated commencement of any work. Notices shall be addressed to:
San Diego Gas & E~.ectric Company
P. O. Box 1831
San Diego, CA 92112
Attention: Land and Environmental Department
SDG&E reserves the right to reject any proposed plan which would, in its sole
determination, substantially conflict with its use of the SDG&E Easement, its
facilities, or be unduly burdensome. In determining whether a "substantial
conflict" exists or whether plans are "unduly burdensome," SDG&E shall
consider the (1) relative size and character of its then existing
installations, (2) relative hardship, inconvenience, and expense to SDG&E if
plans are approved, (3) relative hardship, inconvenience and expense to Second
Party if plans are rejected, and (4) length of time and extent of any service
interruption to SDG&E's customers.
6. This agreement shall be run with the land and be binding upon both parties,
their representatives, agents, successors, and assigns.
7. In the event of damage caused by an act of God, war, or other casualty, or
damage caused under circumstances where it would be impractical or impossible
to notify the other party of the necessity for temporary interference with the
other party's facilities, either party whose facilities are affected may,
without notice to the other party, enter upon the joint easement area and,
notwithstanding temporary interference with the use or operation of the other
Party's facilities, make emergency repairs to restore service. The restoring
party shall, however, take reasonable and prudent measures to protect the
installations of the other party and minimize such interference. The
restoring party shall, as soon as practically possible, notify the other party
of such emergency repairs. If permanent repairs are required after such
emergency repairs have been made, notice shall be given to the other party
pursuant to Paragraph 5 above.
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372
8. Each party shall save, indemnify and hold harmless the other party a~ainst'any
liability, loss, cost, damage and expense caused by or arising from (i) an
act(s) or omission(s) of such party, its employees, agents, contractors,
successors and assigns or (ii) the location and existence of its above-
described facilities, whether defective or otherwise; including, but not
limited to, any such loss, cost, damage, liability and expense arising from
damage to or destruction of real and personal property or in3ury to or death
of any person. Liability to a third party(les) shall be divided between the
parties hereto in proportion to the measure of each party's liability.
Notwithstanding the foregoing, each party shall hold harmless the other party
against damage to or destruction of its facilities caused by an act(s) of a
third party(les).
9. Nothing herein contained shall constitute a grant of easement by SDG&E to
Second Party, it being understood that any such grant may be obtained only
from the fee owner.
10. In the event either party commences legal action against the other by reason
of an alleged breach of this agreement or in connection with joint use of the
SDG&E Easement, the prevailing party shall be entitled to recover court costs
and attorney's fees as set by the court. "Prevailing Party" means the party
in whose favor final judgment is rendered.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by duly authorized officers on the day and year first above written.
SAN DIEGO GAS & ELECTRIC COMPANY, CITY OF CHULA VISTA, a
a corporation municipal corporation
SDG&E ~
E. M. Gabrielson, Manager ay e City of Chula Vista
Land & Environmental Department
Drawn By McGuire EJGNATURE$ MUST BE NOTARIZEO
Date 8-22-85 Ng1AR~ESUSEPROp~Qp~
R/W NO. 45230
A.P. NO 594-100-03 & 594-110-01
-3- Document Review #82-0202(a)S
· 1373
.c Agency)
STATE OF CALIFORNIA
COUNTY OF -~'~-~ ~ ~ i SS.
On this .~ d.ay of ~~ , in the year /~' before me
~ ~ ~~ ~ly appeared,
~ ~ kno~ to me to be
of the City of Chula Vista, ~ ~.~/z Title
~o/~/~ and kno~ to me to be 'the
person(s) who executed the within instru-
ment on behalf of said public corporation/ ~,~
and acknowledged to me that said ~ OFFICIAL
~/~ ~ executed the same. DUANE M~ H~GHES
/ ~ ~T~Y ~BLtC
WITNESS my hand and official seal. PRINCIPAL OFF~E
SAN DIEGO COUN~
~ ~d~ ~pkes Ma~ch 23, ~986
~ignature ~ ~ ..
~. /~/~3 (Notarial Seal)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
On ~_J~,~ L4I q%% , before me, the underszgned a Notary Public in
and for said State, personally appeared E. M. Gabrielson, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as Manager, land & Environmental
Department, on behalf of San Diego Gas & Electric Ccmpany, the corporation
therein named and acknowledged to me that
such corporation executed the within
instrument pursuant to its by-laws or a ~ CONNIf PiKE PlAnK
resolution or its board of directors. ~ NOtarY pUSUC-C~.~O~
WITNESS my hand and official seal.
Signature ~
EXHIBIT "A"
That certain strip of land 250 feet in width, lying within Quarter Sections 8
and 19 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 166 made by Morrill, filed in the Office of
the County Recorder of said County of San Diego, described in an easement to San Diego
Gas & Electric Company, recorded March 9, 1960 at Recorder's File/Page No. 48825 of
Official Records of said County of San Diego.
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- VISTA MAP
64
6¸5
SAN DIEGO GAS & ELECTRIC · mJw~ e': VA~'~ o~ m a~ ma~o ao:
SEWE~ E~~NMENT ~:~ge ~...,
EXHIBIT "~' ~-/,