HomeMy WebLinkAboutReso 1978-9383L iJ P
y
,,
Form No. 342
`Rev. 2/76
/ 1 --
RESOLUTION N0. 9383
RESOLUTION OF THE" CITY COUNCIL" OF~~~iE"C~'TY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DUNPHY CONSTRUCTION COMPANY TO HOLD THE CITY
HARMLESS FR01`2 ANY LIABILITY CAUSED BY THE VACATION OF
THE DRAINAGE EASEMENT
~' 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 that that certain aUreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
DUNPHY CONSTRUCTION COMPANY, to hold the City harmless from any
liability caused by the vacation of the drainage easement
dated the 28th day of November 19 78 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
/~`~`~ 4~ ~~ ~./ ~,
Gtr ~,~~~ :~ _ ~ ~~ .
[a. J. Ro ens, Director of George D. Lindberg, City Attorney
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VT5TA, CALIFORNIA, this 5th day of mhPr , 19~8~, lay
AYES : Councilmen Mayor ~3Ydg, C un .i rr~n Gi l lrx~~ ~~ntt r r~X, Fgd~-~
NAYES : Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula Vista
ATTES
City Clerk
STATE OF CALIFORNIA)
COU1~~I'Y OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Jennie M. Fulasz , City C1~rk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. 9383 and that the same has
not been amended or repealed. DATED __
City Clerk
AGREEMENT TO HOLD THE CITY OF CHULA VISTA HARMLESS
FROM ANY AND ALL LIABILITY CAUSED BY THE VACATION
OF A DRAINAGE EASEMENT
THIS AGREEMETT, made and entered into this 28th day of
November , 1978, by and between THE CITY OF CIiULA VISTA, a
municipal corporation, hereinafter referred to as "City" and
DUNPHY CONSTRUCTION COMPANY, 4625 Brinell, San Diego, California,
hereinafter referred to as "Property Owner";
W I T N E S S E T Ii
WHEREAS, the City of Chula Vista maintains a drainage
pipe in an easement on Lot 8 Block II of Sweetwater Industial
Park, and
~7HEREAS, Dunphy Construction Company is the property
owner of Lot 8 Block II of Sweetwater Industrial Park, and
WHEREAS, Dunphy Construction Company has submitted an
application and paid necessary fees for the vacation of a 10 foot
wide drainage easement within their property, and
WIiEREAS, vacation of this drainage easement caill allow
ful:]_ utilization of the property ~y the Property Owner, and
WHEREAS, the drainage easement must be vacated in order
for the Property Owner to obtain a clear title and proper finan-
cing for the project.-
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The City of Chula Vista does agree to vacate a
10 foot drainage easement on Lot 8 Block II of Sweetwater
Industrial Park.
2. Dunphy Construction Company does agree on its own
part and the part of its heirs, successors in interest, and
ass_iognees to hold the City harmless from any and all liability
for damages caused to their property by water from City drainage
facilities in and around this property.
THE CITY OF CHULA VISTA
p/~,
PROPERTY OWNER: DUNPHY CON-
STRUCTION COMPANY
`- j
t'
(Attach Notary Acknowledgement)
Approved as to form by
~Y/"/
City Atto ney
.r~
STATE Of CALIFORNIA,
COUNTY OF
l
before me, the undersigned, a Notary Public in and for said State, personally appeared
rD~~~r ate 3~zZ , L7~it1 ~r-i ~ IDr~P~i.o ~-r.lr c~7-,~- ,
~ ~ _1^.1 SEAL
,~,
t ~ ~ x y-, ~ {~ t'ruHNIN
y ~ i
d i ,.'{ ii IlE iN
~.~_,~ .e , :. . u r~~ 7 Y
P,qy l,ui r .is°i r t ri : o ,;t. 30, 1979
,rul,wwr~n,n.-tia, , •,.,..:. : : i~.r,r~+r+~1++~rrnr
4625 BRINELL ST. SAN DIEGO, C'A. 92111
known to me,
to be the person- whose name- ~ S subscribed to the within Instrument,
and acknowledged to me that -he_ executed the same.
WITNESS my hand and official, s _ ~
~ '_..~
Notary Public in and for said State:
.~~,
' %