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HomeMy WebLinkAboutReso 1998-19317 RESOLUTION NO. 19317 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-445 FOR CONSTRUCTION OF A POTABLE WATER LINE WITHIN A CITY DRAINAGE AND SEWER EASEMENT FOR MCMILLIN OTAY RANCH, SPA ONE, PHASE ONE, UNIT 5 BY OTAY WATER DISTRICT WHEREAS, Otay Water district is proposing to install a water line on a City sewer and drainage easement to be granted on the McMillin Otay Ranch, SPA One, Phase One, Unit 5 final map; and WHEREAS, in order to provide a water loop for the proposed development, Otay Water District has requested the City to grant an encroachment permit to allow a water line to be installed within said sewer and drainage easement; and WHEREAS, said request does not fall within the scope of the types of encroachments that may be authorized by the City Engineer without first being approved by Council; and WHEREAS, in accordance with Chapter 12.28 of the Municipal Code, Council must authorize the issuance of the permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-445, a copy of which is on file in the office of the City Clerk, known as Document Number C098-259, for construction of a potable water line within a City drainage and sewer easement for McMillin Otay Ranch, SPA One, Phase One, Unit 5 to Qtay Water District subject to the following conditions: 1. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 2. Encroachment shall in no way interfere with the maintenance of or operation of the existing storm drain line and sewer line. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole responsibility of Permittee. 3. In the event that the future construction, operation or maintenance of the City's drainage or sewer shall cause the rearrangement, repair or reconstruction of the Permittee's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee to the satisfaction of the City Engineer. 4. In the event that the future construction, operation or maintenance of the Permittee Facilities shall cause the rearrangement, repair or reconstruction of the City's facilities, the same shall be performed by Permittee or by any other party with the consent of Permittee at the cost of Permittee. Resolution 19317 Page 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said permit. Presented by Approved as to form by John P. . ny Public Works Director Resolution 19317 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15'h day of December, 1998, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Hort~, Mayor ATTEST: Beverly l/~.Auth'elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19317 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15'h day of December, 1998. Executed this 15~h day of December, 1998. ~Auth;let, City Clerk