HomeMy WebLinkAboutCC RESO 13,752RESOLUTION NO. 13;752
RESOLUTION AUTHORIZING EXECUTION OF
A RIGHT -OF -ENTRY AGREEMENT WITH
SOUTHERN PACIFIC LAND COMPANY
BE IT RESOLVED by the City Council of the City
of National City that the City Engineer is hereby authorized
and directed to execute that certain right -of -entry letter
agreement dated February 1, 1982 with the Southern Pacific
Land Company, permitting the construction of an earth dike
across a portion of Southern Pacific Land Company property
as a part of the present contract to raise 24th Street near
I-5.
PASSED AND ADOPTED this 16th day of February, 1982.
ATTEST:
February 1, 1982
Berryjman & Stephenson, Inc.--#2
The term "Owner" as used in the above paragraph includes the successors,
assigns and affiliated companies of owner and affiliates thereof, and the
officers, employees or agents of any of the foregoing.
Municipality shall give Owner five (5) days advance notice of the day
Municipality elects to enter upon subject property. The permission herein given
shall take effect the date of Municipality's acceptance of this letter, provided
the enclosed copy has been executed by Municipality and has been returned to this
office. Municipality's five (5) days' notice shall be by telephone directed to
Mr. R. L. Stacy in Los Angeles, California (Area Code 213). 629-6614 and then
confirmed by letter to Mr. R. L. Stacy at 610 South Main Street, Room 645, Los
Angeles., California, 90014.
In the event any facility of adjacent land of Owner may be endangered by
Municipality's work, Municipality agrees to give advance telephone. notice to
Owner. This permit shall automatically terminate thirty (30) days after its
acceptance by Municipality or, if not acceptable, Owner's offer will terminate in
thirty (30) days from this date.
This permit may not be assigned without Owner's written permission.
Any person, firm or corporation performing work on subject property as
authorized by Municipality shall be deemed to be Municipality's agent and shall be
subject to the terms hereof.
Due to the possible existence of subsurface pipelines or other structures,
Municipality forces shall, prior to performing any drilling work upon the subject
property, explore for such structures with hand tools to a depth of at least eight
(8) feet below the surface of the ground or, at Municipality's option, use
suitable detection equipment prior thereto with mechanized equipment. Absence of
markets does not constitute a warranty by Owner of no subsurface installations.
Owner does not guarantee the existence of water beneath the subject property,
nor make any warranty, express or implied, as to the fitness of any water beneath
the subject property for fitness of any kind.
Any type of motor vehicle used by you will cross railroad track only at public
crossings. No material or equipment is to be stored within fifteen (15) feet of
any track. All equipment to be removed is to be removed from Owner's property upon
completion of your operations with ground terrain restored in a condition
satisfactory to Owner.
If the above is acceptable, please endorse acceptance by Municipality on the
attached copy of this letter and return to the undersigned.
Very truly yours,
Attachment
• r-
February 1, 1982
Berryman & Stephenson, Inc.
AGREED TO and ACCEPTED THIS
/7 a day of ,.mac �ira , 1982
CITY OF NATIONAL CITY
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