HomeMy WebLinkAboutReso 1984-11621
RESOLUTION NO. 11621
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND COUNTY OF SAN DIEGO FOR THE DESIGN AND
CONSTRUCTION OF THE SWEETWATER RIVER FLOOD CONTROL
CHANNEL
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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 agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and THE COUNTY OF Sh~ DIEGO
for the design and construction of the Sweetwater River Flood Control
Channel
dated the 15th day of May , 1984, 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
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Tomas J. Harron, City
Attorney
n P. Lippitt,
gineer
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th day of May
19 84 ,by the following vote, to_it:
Scott, Malcolm, Cox, Moore, McCandliss
AYES: Councilmen
NAYES: Councilmen
ABSTAI N: Councilmen
ABSENT: Councilmen
None
None
None
ATTEST ~t/~
i/ City
Rae
City of Chula Vista
m~{A1
Clerk ~-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) ss.
)
I, JENNIE M. FULASZ, CMC, 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
RESOLUTION NO. 11621
,and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660
'Please Return To:
. M. Ful-.City Oerk
Jenme P. o. Box 1087
V. ~-'''onUa 92012
Chub 1St3, '-"""
COOPERATIVE AGREEMENT
BETWEEN
THE COUNTY OF SAN OIEGO
AND THE
CITY OF CHULA VISTA
THIS AGREEMENT, entered into this 15th day of May
1934, by and between the County of San Diego, hereinafter referred to as
"COUNTY", and the City of Chula Vista, hereinafter referred to as "CITY", is
made pursuant to authority of Chapter 5, Article 1 (commencing with Section
6500) of the California Government Code (Joint Powers Agreement):
WIT N E SSE T H :
WHEREAS, the United States Government as, under authority of Publ ic Law
90-433, approved August 13, 1968, undertaken design and construction of a
flood control project in San Diego County, California, known as the Sweetwater
River Flood Control Channel, Bonita Mesa Road to San Diego Bay, hereinafter
referred to as "PROJECT"; and
WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to
act as the sponsoring agency representing local interests, including the CITY,
in giving the assurances of cooperation required by the United Stated
Govennment in support of PROJECT and the assumption of certain designated
obligations; including providing, without cost to the United States, of all
necessary ri ghts-of-way; performing all necessary constructi on, modifi cati on
or relocation of highways (including bridges), utilities, and irrigation and
drainage facilities required in connection with PROJECT: and maintaining and
operating PROJECT in accordance with the regulations to be prescribed by the
Secretary of the Army; and
WHEREAS, the proposed location of the flood control channel is along the
alignment adopted by the California Highway Commission for construction of
State Route 54 Freeway including interchanges for Interstste Routes 5 and 805;
and
WHEREAS, the State legislature, under Water Code Section 12745 (Stats.
1968, C. 1038, P. 2007, !; 1) adopted and authorized the Sweetwater River Flood
Control Project at such cost to the State as may be appropriated by the
legislature upon the advice of the State Department of Water Resources
hereinafter referred to as "DWR". DWR is authorized to reimburse local
agenci es for local costs requi red by the project for necessary ri ghts-of-way,
util ities relocation, highway relocation (including bridges) and engineering
costs associated therewith (Local Flood Control Costs); and
WHEREAS, an agreement will be negotiated between the State of California,
Department of Transportation, hereinafter referred to a "HIGHWAYS," and the
United State Army Corps of Engineers to cover construction of aforesaid State
Route 54 and PROJECT under one contract administered by HIGHWAYS; and
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WHEREAS, COUNTY will acqu i re certa in ri ghts-of-way necessary for
construction of PROJECT; and
WHEREAS, HIGHWAYS will relocate and reconstruct or arrange for the
relocation and reconstruction of existing streets, bridges, utilities, and
irrigation and drainage facil ities made necessary by the construction of the
joint fl ood control and hi ghway project; and
WHEREAS, COUNTY will negoti ate an agreement wi th H IGHWA YS concerning the
reimbursement to HIGHWAYS of cost for the relocation and reconstruction
existing streets, bridges, utilities, and irrigation and drainage facil ities
located witin the limits of PROJECT (Local Flood Control Costs) at an
estimated local cost of $5,560,000. HIGHWAYS will make payments necessary for
Local Flood Control Costs for a period not to exceed ten (10) years after
completion of construction; and
WHEREAS, DWR will make reimbursement to COUNTY for all necessary Local
Flood Control Costs, except for rights-of-way not necessary for PROJECT or for
any excesses of equival ent repl acement over the exi sting facil iti es, such
excesses being determined by DWR to be betterments; and
WHEREAS, any rights-of-way not necessary for PROJECT or any modifications
other than equivalent replacement of streets, bridges, utilities, and
irrigation and drainage facil ities under the CITY's jurisdiction required
solely due to the construction of PROJECT are considered betterments and
therefore the responsibil ity of the CITY to the COUNTY as Administrator of
PROJECT: and
WHEREAS, on April 6, 1965, CITY adopted Resolution No. 3663, whereby it
requested COUNTY to give the assurances required by the United States to
provide the local cooperation necessary for the construction of the PROJECT,
and further, agreed to make payment to COUNTY for those nonreimbursable costs,
considered betterments, in the reconstruction of streets, bridges, utilities,
and irrigation and drainage facilities.
NOW, THEREFORE, it is agreed as follows:
SECT ION I
COUNTY agrees:
1. To acquire all necessary ri ghts-of-way and relocate util ities for PROJECT
not covered by Cooperative Agreement between the COUNTY and HIGHWAYS,
dated March 17, 1970.
2. To prepare pl ans and specifi cati ons for rel ocati on and reconstructi on of
existing streets, bridges, utilities, and irrigation and drainage
facil ities located within the 1 imits of PROJECT and not covered by the
aforementioned Cooperative Agreement between the COUNTY and HIGHWAYS
covering construction and maintenance of bridges.
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3. To cause to be constructed the aforesaid relocation and reconstruction.
4. To bear any nonreimbursassbl e costs for aforesai d rights-of-way,
relocation and reconstruction within the unincorporated area of the COUNTY.
5. To make all necessary negotiations and agreements with the United States
Government for the maintenance of PROJECT incl uding the fl ood control
channel and appurtenances within the flood control channel right-of-way.
6. To furnish the CITY prior to April 1 of each year an estimate of its share
of maintenance costs for the subsequent fiscal year for all improvements
other than channel crossing structures, lying within PROJECT right-of-way.
7. COUNTY agrees to submit claims to DWR for Local Flood Control Costs.
COUNTY further agrees to pay HIGHWAY for those costs incurred to HIGHWAYS
for Local Fl ood Control purposes and which have been reimbursed to COUNTY
by DWR.
SECTION I I
CITY agrees:
1. To bear that share of the rights-of-way costs within the CITY 1 imits of
Chula Vista that are determined to be nonreimbursable by DWR.
2. To bear that share of costs for relocation and reconstruction of existing
streets, bridges, utilities, and irrigation and drianage facilities within
the CITY 1 imits of Chula Vista that are determined to be nonreimbursable
by DWR.
3. CITY shall reimburse the COUNTY 30% of the actual cost of maintaining all
improvements other than aforementioned channel crossing structures lying
within the flood control channel right-of-way.
4. CITY shall pay the COUNTY within 60 days of its receipt of notice of such
maintenance cost obligation.
5.
CITY agrees to pay 30% of all Local Flood Control Costs
been reimbursed by DWR within 10 years following
construction of the project.
which have not
completion of
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SECT ION I I I
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. The determinations of DWR concerning reimbursabil ity will be binding on
all parties to this Agreement.
2. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damages or 1 iabil ity occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is
al so understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully indemnify and hold COUNTY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by CITY under
or in connecti on wi th ~ny work, authority or jurisdi cti on del egated to
CITY under this Agreement.
3. That neither CITY nor any officer or employee thereof is responsible for
any damage or liability occurring by reason or anything done or omitted to
be done by COUNTY under or in connection with any work, authority or
jurisdiction not delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully indemnify and hol d CITY harml ess for any 1 iabil ity
imposed for injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by COUNTY under or in
connection with any work authority or jurisdiction not delegated to CITY
under this Agreement.
4. That the provisions of this Agreement and its execution shall not be
effective or binding upon CITY unless other related agreements essential
to completion of the project are duly executed by COUNTY with the agencies
1 isted below:
AGENCY
TYPE OF AGREEMENT
City of National City
Bridge Reconstruction and Channel
Maintenance
Port District
Channel Maintenance
State of California, Division
of Hi ghways
Bridge Reconstruction and
Maintenance
5. In the event of any changes in the boundaries of the unincorporated area,
the City of Chula Vista or the City of National City, the percentage of
channel maintenance costs stated in Section II-3 will be adjusted to
reflect such changes.
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IN WITNESS WHEREOF, the parti es hereto have caused this Agreement to be
executed by their properly authorized officials.
COUNTY OF SAN DIEGO
ATTEST:
ij;_tl~. . h rZzb-
By: ",4
Ass'~ Clerk . Board of Supervisors
ROBERT D. ZUMWALT
County Clerk
By ,~) cf;- ,Jf<<.--?7Cti&
Deputy
Date: August 21, 1984 (27)
CITY OF CHULA VISTA
ATTEST:
By
4,Jr.;J J! (:'1
~Q;i ~~
Cl ty erk
Date:
May 16, 1984
APPROVED AS TO FORM:
Approved It\' the Board of Supervisors of
the County of San OIego
By:
AUG 2 1 1984ff).1
By:
Ci ty Attorne
~y{)~
Clerk of th~ Board of Supervisof5
WPC 1006E
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COOPERA Tl VE AliREEI.1ENT
SET\IEEN
THE COUNTY OF SAIJ DIEGO
AUD THE CITY OF UATIOUAL CITY
THI S AGREEI.IENT, entered into thi s
,,;J,/41/ day of ~Ui/JA,-A/
Diego, hereinafter r~ferred to as
,
1984, by and between the County of San
COUNTY, and the City of National City, hereinafter referred to as CITY, is
made pursuant to authority of Chapter 5, Article 1 (coflmencing with Section
6500) of the California Government Code (Joint Powers Agreement):
II I T N E SSE T H:
IIHEREAS, the United States Government has, under authority of Public Law
90-483, approved August 13, 1968, undertaken design and construction of a
flood control project in San Diego County, California, known as the
Sweetwater River Flood Control Channel, Bonita f~sa Road to San Diego Say,
hereinafter referred to as PROJECT; and
WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to
act as the sponsoring agency representing local interests, including the
CITY, in gi vi ng the assurances of coopera ti on requi red by the Uni ted States
Government in support of PROJECT and the assumption of certain designated
obligations; including providing, without cost to the United States, of all
necessary rights-of-way; performing all necessary construction, modification
or relocation of highways (including bridges), utilities, and irrigation and
drainage facilities required in connection with PROJECT; and maintaining and
operating PROJECT in accordance with regulations to be prescribed by the
Secretary of the Army; and
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\~EREAS, the proposed location of the flood control channel is along the
aligm1ent adopted by the California Highl/ay ComrJission for construction of
State Route 54 Freeway including interchanges for Interstate Routes 5 and
!JUS; and
WHEREAS, the state legislature, under Ilater Code Section 12745 (Stats.
196!J, C. 1U38, P. 20U7, >> 1) adopted and authorized the Sweetwater River
Flood Control Project at such cost to the State as may be appropriated by the
legislature upon the advice of the State Oepartr.1ent of Ilater f\esources here-
inafter referred to as "DIm". OWR will reir.1burse local agencies for local
costs associated wi th the project for necessary ri ghts-of-way, util i ti es
relocation, highway relocation (including bridges) and engineering costs
associated therewith (Local Flood Control Costs); and
IIHEREAS, an agreer.1ent wi 11 be negoti a te<.1 between the State of
California, Division of Highways, hereinafter referred to as HIGHWAYS, and
the U. S. Arr.1Y Corps of Engineers to cover construction of aforesaid State
Route 54 and PROJECT under one contract adr.1inistered by HIGHWAYS; and
WHEREAS, t:OlJtHY will acquire certain rights-of-way necessary for con-
struction of PRUJECT; and
WHEREAS, HIGHIIAYS will relocate and reconstruct or arrange for the
relocation and reconstruction of existing streets, bridges, utilities, and
irrigation and drainage facilities made necessary by the construction of the
joint flood control and highway project; and
WHEREAS, COUNTY will negotiate an agreement with HIGHIIAYS concerning the
reir.1bursement to HIGHWAYS of cost for the relocation and reconstruction of
existing streets, bridges, utilities, and irrigation and drainage facilities
located within the 1 imits of PROJECT at an estimated local cost of
$5,560,000; and
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~HEREAS, DWR will make reimbursement for a11 necessary rights-of-way;
). ~
and for all costs in the relocation and reconstruction of existing streets,
bridges, utilities, and irrigation and drainage facilities within the limits
of the PROJECT right-of-way, except for rights-of-way not necessary for
PROJECT or for any excesses of equivalent replacement over the existing
facilities, such excesses considered betterments; and
WHEREAS, any rights-of-way not necessary for PROJECT or any modifica-
tions other than equivalent replacement of streets, bridges; utilities, and
irrigation and drainage facilities under the CITY'S jurisdiction required
solely due to the construction of PROJECT are considered betterments and
therefore the responsibility of the CITY to the COUNTY as Administrator of
PROJECT; and
WHEREAS, on April 13, 1965, CITY adopted Resolution No. 8882, whereby it
requested COUNTY to give the assurances required by the United States to
provide the local cooperation necessary for the construction of the project,
and further, agreed to make payment to COUNTY for those nonreimbursable
costs, considered betterments, in the reconstruction of streets, bridges,
utilities, and irrigation and drainage facilities; and
WHEREAS, on June 15, 1971, City Council approved a contribution for
proposed betterments to the National Avenue 8ridge;
UOH, THEREFORE, it is agreed as follows:
SECTION I
COUNTY AGREES:
1. To acquire all necessary rights-of-way and relocate utilities for
PROJECT not covered by Cooperative Agreement between the COUiHY and
HIGHI/AYS dated rlarch 17, 1970.
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2. To prepare plans and specifications for relocation and reconstruc-
tion of existing streets, bridges, utilities, and irrigation and drainage
facilities located within the limits of the flood control channel and not
covered by the aforementioned Cooperati ve Agreement betHeen the COUNTY and
HIGH\JAYS dated i.larch 17, 1970, and the proposed Cooperative Agreement betl/een
COUNTY and HIGHHAYS covering construction and maintenance of bridges.'
3. To cause to be constructed the aforesaid relocatio~ and
reconstruction.
4. To bear any nonreimbursable costs for aforesaid rights-of-way,
relocation and reconstruction within the unincorporated area of the COUNTY.
5. On completion of the Second Avenue channel crossing structure, to
accept full responsibility for the Second Avenue roadway section, including
the travelled way, shoulders, curbs, sidewalks, walls, drainage installations
and traffic service facilities.
6. To make all necessary negotiations and agreements with the United
States Government for the maintenance of PROJECT including the flood control
channel and appurtenances within the flood control channel right-of-way.
7. To furnish to the CITY, prior to April 1 of each year, an estimate
of its share of the maintenance costs for the subsequent fiscal year for all
improvements other than channel crossing structures, lying within PROJECT
right-of-way.
8. COUNTY agrees to submit claims to OHR for Local Flood Control costs.
COUNTY further agrees to pay HIGHHAYS for those costs by HIGHWAYS for local
Flood Control purposes and which have been reimbursed to COUnTY by D\.m.
-4-
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SECTION II
CITY AGREES:
1. To bear that share of the rights-oF-way costs within the CITY 1 i mi ts
of National Ci ty that are determi ned to be nonreimbursable by D\IR.
2. To bear that share of cos ts for relocation and reconstructi on of
existing streets, bridges, utilities and irrigation and drainage facilities
within the CITY limits of National City that are determined to be nonreim-
bur sab 1 e by DI~R.
3. Upon receipt of notice of completion of the Highland Avenue and
National Avenue channel crossing structures, and at no cost to COUNTY, to
accept full responsibility for the entire portions of the above-mentioned
structures lying within the flood control channel right-of-way.
4. CITY shall pay to the COUNTY 30.7% of the cost of maintaining all
improvements, other than aforementioned channel crossing structures, lying
within the flood control channel right-of-way.
S. CITY agrees to pay 30.7% of all Local Flood Control costs which have
not been reimbursed by DHR and which have been incurred by HIGHIIAYS after 10
years following completion of construction of the project.
6. CITY shall pay the COUNTY, within 60 days of notice, CITY'S share of
the aforementioned maintenance cost.
SECTIOIj III
IT IS 11UTUALLY UNDERSTOOD AND AGREED:
1. The determination of DUR concerning reimbursability will be binding
on all parties to this Agreement.
-5-
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2: -That neitller COOlny nor any officer or employee tllereof shall be
responsible for any dar,lages or liability occurring by reason of anything done
or ol,litted to be done Dy CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement. It is also under-
stood and agreed that, pursuant to Government Code, Section 895.4, CITY shall
fully indemnify and ho 1 d COUNTY harml ess from any 1 i abi 1 i ty imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of
-
anything done or omitted to be done by CITY under or in any connection with
work, authority or jurisdiction delegated to CITY under this Agreement.
3. That neither CITY nor any officer or employee thereof shall be
responsible for any damages or liability occurring by reason of anything done
or omi tted to be done by COUIITY under or in connec ti on \~i th any work, author-
ity or jurisdiction not delegated to the CITY under this Agreement. It is
also understood and agreed that, pursuant to Government Code, Section 895.4,
COU!HY shall fully indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of anythi ng done or or"i tted to be done by COUNTY under or in any con-
nection Hith work, authority or jurisdiction not delegated to CITY under this
Agreement.
4. That the provisions of this Agreel.lent, and its execution, shall not
be effective or binding upon CITY or COUNTY unless other related agreements
essential to completion of the project are duly executed by COUrny with the
agencies listed below:
AGENCY
City of Chula Vista
Port District
State of California,
Division of Highways
Channel r'laintenance
Channel /oIaintenance
Bridge Reconstruction and
l'la i ntenance
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. ,
5. In the event of any changes in the boundaries of the unincorporated
area, tile City of Chula Vista or the City of National City, the percentage of
channel maint'2nance costs stated in Section 11-5 will be adjusted to reflect
such changes.
IN WITNESS WHEREOF, the parti es hereto have caused thi s Agreement to be
executed by their properly authorized officials.
COUNTY OF SAil DIEGO
By ::ti#';;J~- h', 1/t!.,A-r-
Ass ' t. Clens Board ot Supervl sors
Date~u~ust 21, 1984 (28)
ATTEST
ROBERT D. Z~;ALT
County Clerk
By4-~--r(/ f ;L~-I:-CL
Depu ty
By
ATTEST
Ci ty Cl erk
Ti tle
Mayor
By ~-~'~__..
I
(cJ 1 /Jf
.~~T~Jt-( ~
Date
July 20, 1984
/}t~jlulvv\
Coun ty
~~
CHy Attorney
By
_'?.I.f
I. PO TEll D. . C ar 0 e
,Board of Supervisors of" the County
: i .r. San Dieso, St.at.e of California,
! hereby certify t!.1, i. 8 true 6l1d
I correct copy cf . ,':'ji~al .
, JocWDent nov on L , _ cd,. y off1ce.
APPROVED AS TO FORI,I:
I ,jc tness my hand thi n d<Iy of
I
I .
! /rJ/(A./,()- ~/A'74 fi Ad.A./
L....Qerk of the Board of Supervisors
Approved by !lie Board of SUpervl"",. '"
the Counly of S.nOiego
AVG 211984 :1fJ i
P~~;'~'~~
0.;,;, 'f Ut~ 3~.Jr;J "". S~H'n'f,CW1
PH/AGREEf.lENT
NATIOIIAL/CTY
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'J
t SAN 'DID:;o UNiFIED PORI' DISTRIcr
,
" Docurrent No. 17~70
Filed
Office of the Clerk
c
COOPERATIVE AGREEMENT
BETWEEN
THE COUNTY OF SAN DIEGO
AND THE
SAN DIEGO UNIFIED PORT DISTRICT
THIS AGREHIENT, entered
7%:
into this Y'day of
~
, 1984,
by and betlveen the County of San Diego, hereinafter referred to as "COUNTY",
and the San Diego Unifi ed Port Di stri ct, Ilerei nafter referred to as "PORT",
is made ~ursuant to authority of Chapter 5, Arti cl e 1 (commenci ng wi th
Section 6500) of the Gal ifornia Government Code (Joint Powers Agreement):
WIT N E SSE T H
IIHEREAS, the United States Government has, under authority of Public Law
90-483, approved August 13, 1968, undertaken design and construction of a
flood control project in San Diego County, California, known as the
Sweetwater River Flood Control Channel, Bonita Nesa Road to San Diego Bay,
hereinafter referred to as "PROJECT"; and
WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to
act as the s~onsoring agency representing local interests, including the
PORT, in giving the assurances of cooperation required by the United States
Government in su~port of PROJECT and the assumption of certain designated
obli9ations; including providing, without cost to the United States, all
necessary rights-of-way; performing all necessary construction, lIlodification
or ~ocation of highways (including bridges), utilities, and irrigation and
~ainage facilities required in connection with PROJECT; and maintaining and
operating PROJECT in accordance with the regulations to be prescribed by the
Secretary of the Army; and
IIHEREAS, any rights-of-way not necessary for PROJECT or any modifica-
tions other than equivalent replacement of streets, bridges, utilities, and
COUNTY CONTRAC)'
NUMBER :2/1 g" A
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irrigation and drainage facilities under the PORT's Jurisdiction required
solely due to the construction of PROJECT are considered betterments, and
therefore, the responsibility of the PURT; and
WHEREAS, on i.larch 16, 1965, PORT adopted Resol uti on No. 65-47, whereby
it requested COUNTY to give the assurances required by the United States to
provide the local cooperation necessary for the construction of the PROJECT,
and further, agreed to make payment to COUNTY for those nonreimbursable
costs, considered betterments, in the reconstruction of streets, bridges,
utilities, and irrigation and drainage facilities.
NOli, THEREFORE, it is agreed as follows:
SECTION I
COUNTY agrees:
1. To arrange for acquisition of all necessary rights-of-way and relocation
of utilities for PROJECT.
2. To arrange for preparation of plans and specifications for relocation and
reconstruction of existing streets, bridges, utilities, and irrigation
and drainage facilities located within the limits of the flood control
channe I.
3. To cause to be constructed the aforesaid relocation and reconstruction.
4. To make all necessary negotiations and Agreements with the United States
Government for the maintenance of PROJECT including the flood control
channel and appurtenances within the flood control channel right-of-way.
j2 - / /1.1-1
5. To ensure that project documents contain sufficient safeguards so that
the SVleetwa ter Channel wi 11 be cl eared of any debri s, sed iments and other
materials deposited during construction. Channel clearance depths to be
approved by the Port District.
SECTION I I
POR T agree s:
1. To maintain, at its own expense, all improvements lying within the flood
control channel right-of-way from the mean high tide line to the combined
pierhead and bulkhead line, as more specifically indicated on the
attached map marked "Exhibit A", and by this reference made a part of
thi s Agreement.
2. I.laintenance of the portion of the channel described in Section II,
Paragraph 1, shall be to the depth requi red from time to time by the U. S.
Army Corps of Engineers, more specifically indicated as minus 17.5 feet.
National Geodetic Vertical Datum of 1929 (Zero NGVD equals +2.88 Mean
Lower Low Water), including the existing deep draft channel of minus 35.
MLLW within said limits.
SECTION I II
1. The responsibility of the PORT under Section II, Paragraph 1, shall be
limited to the time the PORT is vested with fee title and proprietary
control of the maintenance area described in said Section and then only
so long as PORT funds are available for such maintenance, it being
further understood and agreed that subject to the above limitation the
responsibility of the PORT pursuant to said Section shall commence when
12 -II~ 2-1
the COUNTY notifies the PORT tllat the construction of the flood control
channe 1 has been compl eted and sha 11 conti nue for a peri od of si x ty-si x
years thereafter from such commencement.
IN IJITNESS IIHEREOF, the parti es hereto have caused thi s Agreement to be
executed by their properly authorized officials.
COUNTY UF SAN DIEGO
By ifi7l~~v I:)' )~'->-,
Ass ' t. Clerk, Board of Supervisors
ATTEST:
Date August 21, 1984 (29)
ROBERT D. Z~,ALT
County Clerk
,
By d~~
~. 01/t/'X~
Deputy
DIEGO UNIFIED PORT DISTRICT
ATTEST:
By-ti^ ':~, PM .'ft'
C erk
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By j,(..,f2tCtt101
County
I pO D. . II!' 0 e
~ard ot Supervi80rs of the County
ot San Diego. State of Ca.lifornia,
hereb:r certify this is. a, true flnd
correct copy of the on,-,n,,] ,.'
t noW on f-ilr' f1tif ~lt~ce.
docYmen 0" I
Witness rrtY 10''': "~ ':J".f), 1#'i~Y ot
@.~-<4Jl?' S- ~_'
fkt;;JA3"
C~;"rLtl' Board of Su emsors
APPROVED AS TO FORM:
By
Port Attorney
Approved by the Board of Supervisors oj
the County of San Diego
AUG 2 1 1984 'if :rCI
~dJ~
PIJ! AGREEI'IENT
PURT /DIS/ AGT
Clerk of the Ic.,ird of Supervisors
R-/JI- ~J
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BEGINNltJG at the ~oint of intersection of the common boundary 1~ne bet~een
the City ')f :,at:orcll ',~ity and the City of Chula Vista as Qstablis1ec b,
land annexatiGn tr t:V2 City of Chula Vista, approved and adoPted by Ch~JlaVista
Citj Council ResJlution No, 5742, dated August 5, 1952, with the Mean High
Tide Line as Establ ;;h~;d an.J e.s delineated on i/isceilaneous r~1ap ~io. 399, fill:d
Sectember 12, 13~J in the Of~ice of the San Diego County ~ecor~er: thence
along said ~'!2ail H ~\l Tide Line south 100 161 4411 \'Jest a distance of 204.8S
feet tc StJtiCi ~,J. ~9.. thence south 280 141 44'1 \'Jest a distance 0+ 4.2.JO
feet; ~henCe leav'11C' s::iic r1ean High Tide Line south j'20 14' 1.311 v..es: 2.
distance of 34,+'26 ~"'et; thence south 550 32' 16" I'Jest u distance ~Jf 52,20
feet; Ii~e'lce scuth 72;) 141 1311 ~."est a distance or 2,310.30 feet to a po~nt
of intersection wlth t~~ Combined U.S. Pierhead and Bulkhead Line, as said
COfi,jine,j U,S, Pie. ~eLC and 6ulkhc:ad Line is nO~1 estajl islled for tne Say of
San Die~J, ar~d del~r~a7ed on ~ap entitled "Harbor Lines, San Dieao 5dv,
CalifJf';~3. File ~~o. (D.O. S-2ries) 42711, approved by the SeC}~et2ry o+.~ :he
Army, hugust 13. 15GS and filed in the Office of the District En~ineer.
[_os ;.ng21es, Calif:)(nia; thence alonq said con-,bined line north l~) 12/ JIlt
west a distance of 493,23 feet; thence leaving said Combined U.S, Pierhead
and 8ul~head LiTle nGrth 720 It! 13'1 east a distance of 2,553.93 ~ee:; ~nence
south -6' ~7' 57" eaot a distance of 116.61 feet; thence north 7~o l~' 13"
e3st a cistsnce cf 1,229,98 feet to a point on the Mean Hign Tice Line. as
sa'd that ~~rtlGn uf the Mean Iligh Tide Line was established ana celineated
on :'1isce:l~neous i',a:J :;0, i85, filed October 16, 1946 in the Office of tne
San Di2gJ Ccunty ;ecor~cr; thence along said Mean Hiqh Tide Lil~e south
10; 16/ ,~4\' 'des: (::;Juth 9';: 46' ,'Jest-t~ecDrd) a distar.ce 232.27 feet to :hG
TR'.j~ PGUr~ ["r ~:EG=r':N~~~~, containing 1,777},-163 squ3.re feet or i~O.30:: ;~cre3
of submer;CJ tid~jc~J area.
The abeve desc:'~:'ej 3.rea is -:hat del ineated on Drav/ing r~o. 2595-8, dated
9 ~1ay 1~84. and mede a part of this agreenlent.
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II SAN CIEGO UNIFIED P0RT DISTRICT
EXHIBIT nAil
~'.'0"D I S'NEETWATER RIVER FLOOD CONTROL CHMINE\.
I' '~:.,..l..-.~~_~.--'-:.~'" - '.1IfS JF s~~. D!EGO J~~lcrEa ~'J~T :;iST:"";I,'C7
'''~:'I-oIH~G~E~ '.4;"iNTI.::"~~NCE qESPONSfBIUTY
R~"'SED
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C.U,'tW1""G "f0
2595-8
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!)ocuITeI1t No.
ECORDED DATE .;}
ILE/PAGfNO. 84 -3~ 89"13
SAN DIEX::c> UNIFIED PORI' DISTRIcr
17~71
Filed
urr~ce or ~ ~~erK
EASEMENT
SAN DIEGO UNIFIED PORT DISTRICT, a public corporation,
hereinafter called "Grantor",
for valuable considera tion,
receipt of which is hereby acknowledged, hereby grants THE
COUNTY OF SAN DIEGO, its successors and assigns, hereinafter
called "Grantee", a perpetual easement and right of way upon,
through, under, over, across, and along the herein described
real property.
Said easement shall be for the purpose of con-
struction, operation, maintenance, repair, replacement, and
reconstruction of a drainage channel and appurtenances as ap-
proved by Grantor, and inspection of a drainage channel and all
structures incidental thereto, and for the flowage of any waters
in, upon, through, under, over, across and along said channel,
wi thin that portion of Grantor's land si tua ted in the Cities
of National City and Chula Vista, municipal corporations in the
County of San Diego, State of California, and more particularly
described as follows:
Approximately 1.777.463 square feet of tide-
land area (land and water) in the Cities
of National City and Chula Vista, San Diego
County, State of California, more particu-
larly described and delineated on Drawing
No. 2595-B, attached hereto as Exhibit "A"
and by this reference made a part hereof.
1. Grantee, its agents and the U.S. Government shall have
rights of entry on and to the land and water described
-1-
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above to
facilities
inspect, repair and
and appurtenances
uain tain the drainage
via practical routes
across the adjacent land of Grantor.
Said routes to
be determined by Grantor from time to time. No work
by the Grantee or by the U. S. Government shall act
to obligate the U. S. Government to further maintain
or repair any facility.
2. Grantee shall have a permanent right to remove any
obstruction interfering with the use of said easement
and right of way by the Grantee, and its successors
or assigns.
3. In the event Grantee, its successors and assigns, dis-
turbs the existing improvements wi thin the easement
area during construction, maintenance, replacement,
reconstruction and repair of the channel facilities
and appurtenances as approved by the Grantor, Grantee
shall do so in such a manner as will cause the least
injury to the channel, its protected side slopes,
levees, and any improvements thereon. Grantee shall
restore channel and appurtenances to substantially
the same condition as existed immediately prior to
any such disturbance.
4. Grantor expressly reserves the right to grant ease-
ments in, upon, over and across the easement granted
herein for any purpose whatsoever not inconsistent
or incompatible with the rights and privileges granted
by said easement. Nothing herein contained shall be
construed as limiting the powers of Grantor to convey
-2-
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or otherwise transfer or encumber, during the term
of this easement, the land and water described herein.
The easement granted herein shall be subject to all
existing rights of leases and encumbrances, recorded,
and unrecorded, affecting said land and water. In
granting this easement, the Grantor may impose reason-
able conditions, including but not limited to the
filing of an application for any Army Corps of
Engineers permit and providing an adequate performance
bond to guarantee completion of the work.
5.
No construction or major repairs of any facilities
shall commence without prior approval of the plans
and specifications by Grantor, except for necessary
emergency repairs. In the case of emergency repairs,
Grantee will give Grantor written notification within
Ten (10) days from the commencement of the emergency
repair and will obtain Grantor's approval within
Ninety (90) days from the commencement of the emergen-
cy repair. Facilities installed pursuant to this
agreement shall be constructed in a careful and work-
manlike manner and shall conform to all applicable
laws and regulations.
6. The terms, covenants and conditions of this easement
shall be binding upon and insure to the benefit of
all heirs, executors, administrators, permittees,
licensees, agents, assigns, or successors of any kind
of both Grantor and Grantee.
-3-
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7.
SIGNATURE OF PARTIES:
It is an express condition of
this easement that said easement shall not be complete
nor effective until signed by all parties.
IN WITNESS WHEREOF, the Grantor has
on this 1 ~ day of ~,e.I-.
executed
this
instrument
, 1984.
DATED ~.Jj...
10
, 1984.
APPROVED:
SAN DIEGO UNIFIED PORT DISTRICT
As to Form and Legality
JOS~~TELLO
Port Attorney
By
~c<o,
As to Engineering and
Legal Description
.
~(..q ~w-ui.~
HN E~ B. WILBUR
Chief Engineer
By
This is to certify that the interest in real property conveyed
by the deed or grant to San Diego County, a political
corporation and/or governmental agency, is hereby accepted on
behalf of the Board of Supervisors, pursuant to authority
conferred by Resolution of said Board adopted on August 21, 1984 (46)
and the County consents to recordation thereof by its duly
authorized officer.
Date
WG 2 ~ 1984 ff'-/~
PORTER D. CREMANS
Clerk Qf the Board of Supervisors
By ~ (:- ~A~~~
Deputy
Approved by the Board of Supervisors of
the County of San ,Diei:o
~rft~
Cler~; ot the Beard of Super,,'isors
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6EG:i,;NUjG at the ~oint of intersection of the co~;':",on boundar'y 1 ~Ile bet\-;e~n
the City of ~atjor~1 City and the City of Chula Vista as establisne~ by
land annexation to the City of Chula Vista, approved and adcpted by ChulaVista
City COuncil Re~olution No. 57~2, dated August 5, 1952, with the Medn High
Tide Line as Establ isr,ed and as delineated on r'1iscellaneous 1.1ap ;~o. 399, filed
September 12, 19Sa in the Office of the San Diego County Recorder: thence
along said r1eal~ H -9h Tide Line south 100 15' 44" l'/est a distance of 204.83
feet to Staticn No. 59; thence south 280 14' 44" "lest a distance of 42.00
feet; thence leaving said ~1ean High Tide Line south 720 14' 13" west a
distance of 844.26 feet; thence south 550 32' 16" west a distance of 52.20
feet; thence south 72" 14' 13" west a distance of 2,810.30 feet to a point
of intersection vlith the Combined U.S. p'ierhead and l3ulkhead Line, as said
Combined U.S. Pierhead and Bulkhead Line ~s now established for the Bay of
San Diego, and delineated on map entitled "Harbor Lines, San Diego Bay,
California, File 110. (D.O. Series) 427", approved by the Secretary of the
Army, August 18. i965 and filed in the Office of the District Engineer,
Los hngeles, California; thence along said combined line north 11" 12' 01"
west a distance of 493.23 feet; thence 1eaving said Ccmbined U.S. Pierhead
and Bul;Zhead Line north 720 It.' 13" east a distance of 2,553.93 "eet; thence
south 760 C.7' 57" east a distance of 116.61 feet; thence north 72" 14' 13"
east a distance of 1.229.98 feet to a point on the Mean High Tide Line, as
saId that portien of the ~ean High Tide Line was established and delineated
onJlisce11aneous ",a;J No. 185, filed October 16, 1946 in tl-Je Office of the
San Diego County ;.,ecorder; thence along saId r~ean Hiqh Tide Line soutl-J
100 16' -+4" vJest (south 90 46' Viest-,"ecord) a distance 232.27 feet to the
TRUE POIIIT OF 6EGII:r:~;:G, containing 1,777,463 square feet or 'W.805 acres
of submerged tideland area.
-
The above desci'1be,j area is that dGl ineated on Dravling t.o. 2595-B, dated
9 ~iay 1984, end made a part of this agreement.
S~~::ET 1 ~.JF 2
",(VISED:
ORAWN_ P'jS'~h
(:'r-4ECtl:EO ;:;, "'0
"'["1[..[0 C .~ I(J'C.J::
SAN DIEGO UNIFIED PORT DISTRICT
DATE
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S~E~T~ATF2 R!V:2 FLOOD CO~TPOL CHA~NEL
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SAN DIEGO UNIFIED PORT DISTRICT
EXHIBIT "A"
S'NEETWATER RIVER FLOOD CONTROL CHMINEL
L '.1ITS OF S-"~ DIEGO u'''"IED PORT ~IST,"'CT
\A:'INT::N:"NCE QESPONSIBJLlTy
6',?!;V eve:?
p/ .,c:J"':::; r
.::YTA. ~/""'';;;:S.59
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04Tf 2-:."~Y :-84
SCALE l..S s~rl~L_
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D"'A"'HtG "0
2595-8
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Estlrnntod Febnnry G, 198.
SWfETWATEH R I Y[R FLOOD CONTROL CHA~,~EL
LOCAL FLWD CONTROL COSTS
Total (FY of Not Re 1m bursable by miR
Local FloaJ ReImbursablo Con::>truc-
Cor.trol Costs by D\\R tlon) CHULA YISTA NATIONAL CITY CCUNTY
LAND AND DAMAGES $ 1,369,000 $ 1,369,000 ( 1985) $ 0 $ 0 $ 0
UTILITIES/,fLOCATIONS
5prl n:, Vd.llcy Outta II 304,500 304,500 (1935) 0 0 0
10" CdS I I 0-0 10,000 10,000 (1986) 0 0 0
16" 011 I J re 18,200 18,200 (1985) 0 0 0
SU8TOTAL UTILITIES $ 332,700 $ 332, 700
HIGHWAY RELCCATIONS
Ojf</IX;;::S)
1-5 227,500 227,500 (1985)
National Ave n~~ 332,000 83,000 (19851 12B,000
(85) SUBTOTAL $ 559,500 $ 310,500 $ $ 128.. 000 S
HIghland Avenue 1,955,000 1,955,000 (19861
Ed gomo1'3 Ave nue 1,220,000 882,000 (1985) 338,000
--
(851 SU8TOTAL $ 3,175,000 $ 2,837,000 $ $ $ 338,000
RELOCAT IONS $ 3,734,500 $ 3,147,500
TGfN. LAND & RELOCATIONS $ 5,103,500 $ 4,516,500 $ $ 128,000 $ 338,000
Loca! Advances.:
Reimbursablo $ 1,355,000* $ 1,386,500' $ 1,775,000.
No~Rel!1bursable 0 128,000 333,000
fOHL $ 1,355,000 $ 1,514,500 $ 2,113,000
Annua r Interest on Advances @ 10% 135,500 151,450 211,300
'IITICATION & RECREAT I ON
"<1'fIGATION 87, 000 0 26,100 26,709 34,191
1ECREAT ION
::;hann.a-I BJ ke Path 102,500 0 30,750(1986) 31,468(1985) 40, 282( 1985
:ques. Rest Area 36,000 0 0 0 36,000
3!Jnpo.....der pt. 48,000 0 48,000(19861 0 0
~a$h Tr:si 1$ 38,000 0 38,000 0 0
,uSTOTAL RECREATION $ 224,500 $ 0 $ 116,750 $ 31,468 $ 76,282
SUGTOT AL: RECREATION & MITIGATION $ 311,500 $ 142,850 $ 68,177 $ 110,473
IfPre.posed share cf ccst, to be relmbursHd by Depari"mont of Water Resouf~ces (OWR).
:>W/LQD/',~"STE.! - D/HOFFLAND
12 J!t,~1