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HomeMy WebLinkAboutReso 1975-7916J Revv•3/7~4 RESOLUTION NO, 7916 RESOLUTION OF TFiE CITY COUNCIL OF THE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN "THE CITY OF CHULA VISTA AND PACIFIC TELEPHONE AND TELEGRAPH PROVIDING FOR THE UNDERGROUNDING OF UTILITIES ON TELEGRAPH CANYON ROAD PURSUANT TO CHULA VISTA CITY CODE ,§15.32.070 AND AUTHORIZING TE3E 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 agreement between THE CITY OF CcIULA VISTA, a municipal corporation, and PACIFIC TELEPHONE AND TELEGRAPH, providing for the undergrounding of utilities on Telegraph Canyon Road pursuant to Chula Vista City Code Section 15.32.070 dated the 5th day of September 19 75 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedT BE I:T FURT~~ER 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 ~~~ ~ George D. Lindberg, City Atto ey r `~ George D. Lindberg, City At~ney ADOPTT~D AND APPROVED by the CITY COUNCIL of the CITr OF CHULA VISTA, CALIFORNIA, this 7th day of October _ , 1975 , by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAPES: Councilmen None ABSENT: Councilmen None ~ I ~ 1 ~ - /~~ti11 / G~~t , c ~~.~ l ?~ Mayor of the Crty of Chula Vista ATTES ~-. ~ ~.Q~ ~~ City lerk r ~.'` STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO FEREBY CERTIFY that the above i.s a full, true and correct coc~y of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC TELEPHONE AND TELEGRAPH STIPULATING THAT PACIFIC TELEPHONE AND TELEGRAPH, AS SUB- DIVIDER, SHALL UNDERGROUND UTILITIES AS REQUIRED IN ACCORDANCE WITH CHULA VISTA MUNICIPAL CODE SECTION 15.32.070 WHEREAS, the City Council of the City of Chula Vista has heretofore determined, following a public hearing, that it is impractical to require the undergrounding of utilities, pursuant to Parcel Map 74-14, at the present time, and the requirement of such undergrounding currently would impose an unnecessary hardship on the Subdivider, as set forth in Resolution #7763 and, WHEREAS, the City Council in deferring said public improvements along Telegraph Canyon Road, fronting the new Pacific Telephone and Telegraph site, has deferred such underground- ing upon condition, that an agreement between the City of Chula Vista and Pacific Telephone and Telegraph be consummated, wherein Pacific Telephone and Telegraph will agree to underground the overhead utilities upon notice by the City. NOW, THEREFORE, BE IT RESOLVED that the parties hereby agree to the following terms and conditions: 1. That the City of Chula Vista may properly require the undergrounding of all utilities, pursuant to Municipal Code Sec. 15.32.070, which are adjacent to and abutt Parcel No. 1, and a portion of Parcel No. 2, as shown on Tentative Parcel Map 74-14. 2. That Pacific Telephone and Telegraph shall underground all said utilities upon written notification from the City of Chula Vista. Pacific Telephone and Telegraph further agrees that all such undergrounding shall be performed in accordance with all applicable City ordinances, regulations and standards. 3. That Pacific Telephone hereby binds its heirs, successors and assigns to this agreement. 4. That in security of the performance of this agreement, Pacific Telephone and Telegraph has bound itself in the sum of Nine- teen thousand two hundred dollars ($19,200.00) as shown on the attached agreement incorporated herein by reference as if set forth fully, and styled as Exhibit "A". Said amount being the current estimate of the cost of such utility undergrounding. 5. That Pacific Telephone and Telegraph hereby agrees that this agreement, complete with its attached exhibit, be recorded with Tentative Parcel Map 74-14, following approval of said Parcel Map by the City of Chula Vista. DATED this day of 1975. THE CITY OF CHULA VISTA THE PACIFIC T:EL~,PHO~E ;ANU TEZEGRAPH,jCOMT'AA~ :TE OF CALIFORNI ~ P 2638-M (i-72) ~- ) 55. (TPT & 7C0 AS CORPORATION) 1 Y O~`F ) ~LI~JL_ ~ ~_~__ _ _, 19 before me, th unde signed, a Notary Public in and for l State, personally appeared ~ , :n to me to be the ~ `C ~S~ " Q he Pacific Telephone and Telegraph Company, the corporat on that execut the within rument, and to be the person who executed the within instrumenk on behalf of the cor- ;tion therein named, and acknowledged to me that such corporation executed the same, -uant to its by-laws or a resolution of its board of directors. :uwwununununnunnnmunuuunmumuuunuumnuuronwnnuuu~ummxnnunm - OFFICIAL SEAL NE nd d i ~° ~~ DOROTHY E. REILLY `~,.' - nature ti:~ a~ vy~, NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN = ~~ ~ r~ i2 (TYPED OR _ LOS ANGELES COUNTY p PRINTED) - /Iy~ l:Ortin'ItSSIOn EXpires Jsn. 21, 1978 ~ Commission expires ..,llnn~~«n~nmx~x~~R~nRnMxu~..~m~n By Vice Pres.-Network Opns. & Engr. ApDtaved as to r'orrn ~ r /--~ ~ ___ .a~~5~~_1.,----- LEG , DE TMENT By t W- F. DERV 714 - 238-2896 ~~~ EXHIBIT "A" The Pacific Telephone and Telegraph Company, a California corporation, hereinafter designated as "Pacific", is held and firmly bound unto the City of Chula Vista, State of California, which is hereinafter designated as "Obligee" in the sum of Nine- teen thousand two hundred dollars ($19,200.00), lawful money of the United States of America for payment of which sum well and truly to be made, said Pacific Telephone and Telegraph Company hereby binds itself, its successors and assigns firmly by these present. DATED this ~/day of•~, 1975. The condition of this obligation is such that: WHEREAS, by agreement dated ~~St rr r 1975, Pacific and Obligee have agreed, pursuant to the terms and conditions of said agreement, Pacific shall undertake the undergrounding of certain utilities located within the public right-of-way along Telegraph Canyon Road, within the municipal boundaries of the City of Chula Vista, and WHEREAS, it is the requirement of the City of Chula Vista pursuant to Municipal Code Sec. 15.32.070, that this bond be executed and delivered prior to approval of Tentative Parcel Map 74-14. NOW, THEREFORE, if Pacific, its successors or assigns shall perform specific obligations under the said agreement and underground said utilities as designated in the agreement, upon written notification by the City of Chula Vista of the requirement of said undergrounding of utilities to be performed as soon as practicable, this obligation shall be void. Otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, said Pacific Telephone and Telegraph Company has caused this bond to be executed in its corporate name by its officer thereunder duly authorized. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY By Vice res.-Network Opns. & Engr. CAR IA ~ P 2638-M (1-721 (TPT 8 TCO AS CORPORATION) 55. ~_, 19~before me, the undersigned, a Notary Public in and for lersonally appeared Q to be the ~ - ~~c - ic Telephone and Telegraph Company, the corporation that execute the within nd to be the person who executed the within instrument on behalf of the cor- ~in named, and acknowledged to me that such corporation executed the same, is by-laws or a resolution of its board of directors. umtunnnnn a nui uu nnnuunnmm~mgmmmnmm~nmtxtnuuunmunnnmxuuungi i= OFFICIAL SEAL ,~ nd a d o is seal = ~~' DOROTHY E. REILLY ~ ~~ OTARY PUBLIC CALIFORNIA or+ PRINCIPAL OFFICE IN o) _ LOS ANGELES COUNTY = ion expires _ion Expires Jan. 21, 1978 ,. , . , ~.,_,~".~~~......~,~,~,,,,,~~,,,,,,,nmm~nnnamn,roman„uumm~n,ttannunurn~ R-_;;,ci,~; d c; to Porm l : r.L ~"~ n T~~?tiJ _ 5 . _. CITY OF CHULA VISTA ITEM NO. 13 COUNCIL AGENDA STATEMENT ~ ' yy~~ ~ ~~ ~ FOR MEETING OF:10/7/75 ITEM TITLE: Resolutiorn!-Approving Agreement with Pacific Telephone Providing for the Undergrounding of Utilities on Telegraph Canyon Road Pursuant to Chula Vista City Code Section 15.32.070 SUBMITTED BY~ City Attorney ITEM EXPLANATION The City Council has heretofore granted a deferral for undergrounding of utilities to Pacific Telephone conditioned upon the execution of an agreement by that company to underground the utilities upon written notification from the City of Chula Vista. Such an agreement has been prepared. tX111tS1 15 f~l I ALFitU Agreement X Resolution X Ordinance Plat Other Environmental Document; Attached Submitted on STAFF RECOMMENDATION: Approval of Resolution BOARD/ COMMISSION RECOMMENDATION APPRO77,,~~V.E,D ~'!TT ~.LS P> COUNCIL ACTION City~YCowl cif o f' .,~.ula Vista., Calif©rnia Dated Form A-113 (Rev 5-75)