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Home My WebLink AboutReso 1978-9404., ' Form No. 342 Rev. 2/76 RESOLUTION NO. 9404 RESOLUTION OF THE" CITY COUNCIL OF'~~fiHE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR PASEO LADERA CROSSING 100 FOOT ?~JATER EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT resol The City Council of the City of Chula Vista does hereby as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agrQement betw~e THE CITY OF CHULA VISTA, a municipal corporation, and THE CI Y OF SAN DIEGO, for Paseo Ladera crossing 100 foot water easeme t dated which fully Vista agree, he 12th day of December 19 78 , a copy of s attached hereto and incorporated herein, the same as though et forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula e, and he is hereby authorized and directed to execute said nt for and on behalf of the City of Chula Vista. Preseni~ed by L%fi~', [a. J. F works VISTA, AYES: NAYES: ABSENT: ATTEST bens, Director of Public Approved as to form by ~`_. ,: , George ~. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA CALIFORNIA, this 1Zth day of December , 19 78 , by Councilmen Egdahl, Hyde, Gillow, Scott, Cox Councilmen None Councilmen None -- _ =f . y c:ler STATE F CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY O CHULA VISTA) ~ Mayor of the City of Chula Vista ",~_ ~ ' ~~ I, _ City Clerk of the City of Chu a Vista, California, DO HEREBY CERTIFY that the above is a full, true a d correct copy of Resolution No. and that the same has not be n amended or repealed. DATED City Clerk s l City OFFICE Chula China ~UIStQ F THE CITY CLERK t Office Box 1087 ista, California 92012 F~ESOLUTION N0. ;~40~ `"~CC C c~-~ ~"~ ~ Form No. 342 Rev. 2/76 RESOLUTION OF THE CITY COUNCIL OF fi~iE"-CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR PASEO LADERA CROSSING 100 FOOT WATER EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The ~'ity Council of the City of Chula Vista does Hereby weso ve as fo:~lows: ~ ,, ,,.. ~ .~ ~ ..: 'i. ~ :'.r ~ ..'. - la-..4 ~.. ~.: .. .1. ~.. ;:%_. di~ 1. `r .., ,_Lv:ll~ bete. Pn TH.F., CITY OF CHULA VISTA, a municipal. corporation, and THE ITY OF SAN DIEGO, for Paseo Ladera crossing 100 foot water ease ert date the 12th day of ~ECeri~;er _, 19 ~ ~ , a copy of whic is attached hereto d~Yd incorporated Ylerein, the same as though full set forth herein be, and the same is hereby approved. Vist agre BE IT FURTHER RESOLVED that the Mayor of the City of Chula be, and he is hereby authorized and directed to execute sa~_d ent for and on behalf of the City of Chula Vista. Presented by ~. W. J Work Robens Robens, Director of Public Approved as to form by George D. Lindberg, City Attorney ADOP'I'Tll ALViJ A"r~i't:li'J~Li y~' 't..ie ~--L'December1A~ .~~ i.,::' C:1~1 ._~:~~iivi,n VIST , CALIFORNIA, this l~thda of _ _ , 19_y 7`~, by AYESk Councilmen l;gdahl, Hyde, Gillow, Scott, rc~: NAYEN: Councilmen i~OilE ABSENT: Councilmen tio~.e 1JV "^~ ~~ Mayor of the City of Chula Vista ATTE T /s/ Jennie M. Fulasz City Clerk STAT OF CALIFORNIA) CIT1' OF CHULA VISTA) I, Jennie M. Fulasz _, City Clerk of thc; City of C ula Vista, California, DO HEREBY CERTIFY that the above is a. full, true and correct eapy of Resolution No. ~~~='` and that the same has not een amended or repealed. DATED ~ Januarv 3A. 1979 ~, •- ~ , ~~y . ORIGIINAL' JOINT USE AGREEMENT CHUL a TfIIS JOINT USE AGREEMENT is made by THE CITY OF », VISTA, a municipal corporation; and THE CITY OF SAN DIEGO, nicipal corporation. R E C I T A L S A. Pardee Construction Company proposes to record a subd vision in The City of Chula Vista, said subdivision to be kno as Casa Del Rey. B. As a condition of approval of said subdivision map, Pardee is required to construct an off-site street to be name Paseo Ladera. C. The right-of-way for Paseo Ladera will cross a 100 oot wide water easement owned by The City of San Diego cont fining a 40 inch water main known as the Otay Pipeline. D. The parties to this Agreement desire to enter into a Joint Use Agreement to allow both parties to occupy a cert in portion of the Water Easement, hereafter referred to as Arlea. NOW, THEREFORE, in consideration of the recitals and mutua obligations herein expressed, The City of Chula Vista and e City of San Diego agree as follows: 1. The City cf San Diego hereby agrees that Paseo Lader may be constructed and maintained over, upon and across porti ns of its easement and right-of-way as shown on City of San D ego drawing number 14452-B which is by this reference incor orated herein and made a part hereof . DOCUMENT NO. '765361 _ 1 _ FILED JAN 51979 _ _ OFFICE OF TF-IE CITY CLERK °'~-~' •'; , SAN DIEGO, CALIFORNIA _. 2. In the event that the future use or alteration of said rea by The City of Chula Vista for street or other public improve- ents incidental thereto shall at any time or times necessitate a earrangement, relocation or reconstruction of any of The City of an Diego's facilities or the acquisition of additional water asements, or both, the same shall be performed by The City of an Diego or any other party with the consent of The City of an Diego, at the cost of The City of Chula Vista. 3. In the event that the future use of said easement y The City of San Diego shall at any time or times necessitate a earrangement, relocation or reconstruction of the said public treet or public improvements incidental thereto, the same shall e performed at the cost of The City of San Diego. 4. All uses of said Area by either party shall be such s will not permanently interrupt the use or operation of the f cilities therein of the other party; uses of said Area by either p rty which temporarily interfere with the use or operation of the f cilities therein of the other party, will be made only when r asonably necessary and will be promptly terminated as soon as t e necessity therefore no longer exists. 5. If The City of Chula Vista shall hereafter vacate or a andon in whole or in part, that portion of Paseo Ladera crossing t e City of San Diego easement, The City of Chula Vista shall assure t at The City of San Die go retain all rights owned by it prior to tY~e execution of this agreement. - 2 ~~ ~,, ; -:,~ .. -- • c2~ • 6. Except as expressly herein set forth, this Joint se Agreement shall not in any way alter, modify or terminate ny of The City of San Diego's prior rights in said Area. 7. This Joint Use Agreement shall be filed in the ffice of the Recorder of the County of San Diego. IN WITNESS WHEREOF, this JOINT USE AGREEMENT is xecuted by The City of Chula Vista, acting by and through its Mayor pursuant to Resolution No. 9404 s 13th THE CITY OF CHULA VISTA By lJ~ ~~l Will T. Hyde, Mayo I HEREBY APPROVE t he form and legality of the foregoing pint Use Agreement this ` ,~c~-~' day of e%)" r;- jj~f~; 1978. - 3 - day of December 1878, GEORGE D/. LINDBERG, City Attorney 1" ~i,~ ,, ~ ' t ,/ ; . ~~ • IN WITNESS WHEREOF, this JOINT USE AGREEMENT is ecuted by The city of San Diego, acting by and through its ty Manager, pursuant to Resoluti on No. 22~-~~ i 8 s 19th day of December 1978. THE CITY OF SAN DIEGO BY d~?!G~l ~SISTANT TO THE City Manager I HEREBY APPROVE the form and legality of the foregoing pint Use Agreement this d day of ~„~," 19~. ~~ JOHN W. WITT, City Attorney By - 4 - 1--_~ ~ s2~ ~ RESOLUTION No. ~~~~~~ Adopted on E IT RESOLVED, by the Council of The City of San Diego as follows: (R.79-1104) DEC 19 1978 That the City Manager is hereby authorized and empowered to execute, for and on behalf of The City of San Diego, a Joint Use Agreement with The City of Chula Vista, a municipal rporation, for the purpose of permitting the use of a ity of San Diego water pipeline easement in The City of hula Vista for street purposes, under the terms and conditions et forth in that Joint Use Agreement on file in the office of he City Clerk as Document No. ~~5~~~ PROVED: JOHN W. WITT, City Attorney By ~ Har id 0. Valderhaug, D uty ~ l~/- CC-1265-8 (REV. OV:dm 2/14/78 r. Dept. Property ob: 15191 -72) a. ~ ' ~2~ Passed and adopted by the Council of The City of San Diego on December 19, 1978 by the following vote: YEAS• Mitchell, Lowery, Gade, Stirling, Killea. NAYS: None. NOT PRESENT: O'Connor,_Williams, Schnaubelt, Wilson. AUTHENTICATED BY: ~• PETE WILSON, Nlayor of The City of San Diego, California. CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California. (SEAL) By BETTY GOLDBERG , Deputy. I HEREBY CERTIFY that the above and foregoing is a full, =rue and correct copy of RESOLUTION NO. ~2~~'~~~' ssed and adopted by the Council of The City of San Diego, lifornia, on December 19, 1978 CIiARLES G. ABUELNOUR City Clerk of The City of San Diego, California. ;SEAL) BY Deputy. 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