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HomeMy WebLinkAboutAgenda Statement 1977/06/21 Item 17CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT 'Item No. 1 ~ 6/217,TT- For meeting of ~~'~~'~~ ITEM TITLE Resolution 8683 Accepting Easement for Tidelands Avenue Between "F" Street and "G" Street from the San Diego Unified Port District SUBMITTED BY Director of Public Works/City Engineer ,~ ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO x On August 22, 1967, the City Council by Resolution 4567 accepted a grant of easement from the San Diego Unified Port District for street purposes. This easement granted the City permission to construct a street, now known as Tidelands Avenue, between "F" Street and "G" Street. This easement pro- vided for a temporary street. This easement expires on August 21, 1977. The San Diego Unified Port District has prepared an easement for adoption by the City Council and the Port District which grants a continuation of the easement which expires on August 21, 1977. The new easement will be for a period of five years and will terminate on August 31, 1982. The new ease- ment will provide temporary right of way for the existing Tidelands Avenue until the construction of the permanent improvements of Tidelands Avenue with the Bay Front Development by the Chula Vista Redevelopment Agency. Conditions of the easement and agreement are as follows:. 1. 2. 3. 4. Continued on Supplemental Page 2 rviirr-Trn C1l 111 IS 1 I J Agreement Resolution x Ordinance Plat x Notification List Other Certificate ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT Financial .Impact would be limited to the following: 1. Maintenance and removal of the existing improvements. 2. Financial responsibility to the City indemnifying the Port District for any loss, damage, or expense the Port District may sustain or become liable for resulting in any manner from the use of Tidelands Avenue. and resulting from any expenses arising out of the loss or damage to property and injury to or death of persons except any loss or damage Continued on Supplemental Page 2 STAFF RECOMMENDATION City Council adopt Resolution accepting easement BOARD/COMMISSION RECOMMENDATION COUNCII ACTION APPROVED by the Ci ~r Cou:~oil s; t~ . ,, .. , . . Clio-- ~ 'a' 1 ~ - a /- ~ ..............._ .....~. . ~.. r., r~ ........ City has right of ingress and egress along the easement. The City shall during construction or maintenance, minimize any injury to the existing ground. The Port District reserves the right to grant any other easement not inconsistent or incompatible with the rights and privileges .of the City. The easement may be terminated by the Port District or the City upon giving 180 days notice in writing. Item No: 17 Suppl"emen~al Page 2 5. New construction or major repairs shall be made with the prior approval of the Port District except in the case of necessary emergency repairs. 6. Present improvements shall be removed by the City at the option of the Port District within 60 days after expiration of easement. 7. The City shall, at all times, indemnify and save harmless the Port District from any liability which may occur from the use of Tidelands Avenue. 8. The easement shall terminate if it is not used for the purposes inten- ded for a period of 180 days. 9. The terms, covenants, and conditions shall be binding upon and inure to the benefit of all heirs, assigns, or successors of any kind of both the Port District and the City. The Port District has requested that the Mayor execute the attached certi- ficate which states that he is or is not a borrower, creditor or debtor of Imperial Savings and Loan Association. Section 1091 of the California Government Code requires members of the governing agency who are officers, directors, or employees of a bank, bank holding company, or savings and loan association to ascertain the information requested on the certificate. One member of the Board of Port Commissioners happens to be an officer of Imperial Savings and Loan Association. It is because of this the request is limited to that financial institution. Transparency is available for Council viewing. Financial Impact - cont'd resulting in any manner from negligent actions of the Port District's officers, agents, or employees. KJG:FY010/LY074 1 ', ~~ . 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