HomeMy WebLinkAboutAgenda Statement 1981/04/28 Item 8
COUNCIL AGENDA STATEMENT
Item
8.
4-28-81
Meeting Date
Resolution/;15~ Granting to Otay Municipal Water
District an easement for placement and maintenance of water
supply facilities across Parcel 2 of Parcel Map 5481
(Proposed Horti{Wu.lt ral Garden Park)
SUBMITTED BY:! (4/5ths Vote: Yes No x )
City Engineer --- ---
Parcel 2 of Parcel Map 5481 (Proposed Horticultural Garden Park)
was granted to the City by the Sweetwater Community College
District for exclusive use as a garden park. The City, under the
Joint Use Agreement, between the City and the College District
could not grant a water line easement requested by Pacific
Scenes, Inc. developers of Charter Point Subdivision without
consent of the College. Therefore, Pacific Scenes, Inc. entered
into an agreement with the College District for a water line
easement across the parcel. The College District has now
approved the granting of the easement to Otay Municipal Water
District. Said easement will provide a location for the water
supply necessary to serve the Charter Point Subdivision. It is
my
ITEM TITLE:
RECOMMENDATION: That Council grant the water easement to Otay
Municipal Water District.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
On November 2, 1976, by resolution 8394, the City of Chula Vista
entered into a Joint Powers Agreement with Sweetwater Community
College District for the construction of a horticulture park. On
January 6, 1977, the Governing Board of the Sweetwater Community
College District passed a resolution to grant property described
as Parcel 2 of Parcel Map 5481 to the City of Chula Vista. On
March 17, 1977, by Resolution 8547 the City accepted the grant of
property from the Sweetwater Community College District.
The Joint Powers Agreement contained a use restriction and
reversion clause. It stated in part that the College District
would convey the property to the City. In the event that (1) the
City did not proceed with the development of a Botanical Garden
within 5 years from date of execution of the agreement or (2) the
City used said property, or any part thereof, for any purpose not
directly related to the development, maintenance and operation of
a botanical garden the property would revert to the college.
Since the City could not independently grant the water easement
under the Joint Powers Agreement, the deve16per wi-Tl negotiate
with the Sweetwater Community C61leoe District for the 20 foot
easement. - -
/C>Lf /;)6
Form A-113 (Rev. 11/79)
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EXHIBITS
Agreement_____ Resolution~ Ordinance_____ Plat~ Notification List
Other
ENVIRONMENTAL DOCUMENT: Attached
Submitted on
,
Page 2, Item
Meeting Date
8
4-28-81
On March 10, 1981, Pacific Scene, Inc. signed an agreement with
the Sweetwater Community College District for the granting of a
20 foot water and sewer easement.
In consideration for the grant of the 20 foot easement to the
Otay Municipal Water District, it was agreed that:
1. Pacific Scene, Inc., shall within thirty (30) days of the
date of this agreement, pay to the Sweetwater Community
College District the sum of eleven thousand six hundred
sixteen dollars ($11,616.00).
"
2. Sweetwater Community College District or its successors in
interest will be authorized to connect to the water line to
be installed within the above described easement at a future
date and the Sweetwater Community College District or its
successors in interest shall be exempt from any
reimbursement payment to Pacific Scene for such future
connection. It is understood that this exemption shall be
provided for in a Reimbursement Agreement for pipe line
extension to be entered into by Pacific Scene and Otay Water
District. It is further understood that the Otay Water
District will include such exemption in the Reimbursement
Agreement to be executed with Pacific Scene.
presently the City has no plans to proceed with the development
of the Garden Park. The five year period stated in the Joint
Powers Agreement ends on November 2, 1981. On or before that
date the City is required to reconvey the property to the College
District in accordance with the Joint Powers Agreement.
Consequently, the College District has requested that it also
sign the grant of easement. The College District will sign after
Council grants the easement. The City can now meet the
provisions of the Joint Powers Agreement in granting the easement
to Otay Municipal Water District.
A plat is available for Council viewing.
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