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HomeMy WebLinkAboutReso 1999-19380 IIIIllllllllllllllllilllllllllllllllllllll 2001-0727210 OCT OC.:.;' , 2OO1 c.:.:): 32 RM OFi:IClAL Recording requested by= 2 0 7 5 ~ DIE~ CSU~Y ~'S OFFICE City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RESOLUTION NO. Document Title 2076 RESOLUTION NO. 19380 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-448 FOR CONSTRUCTION OF A PRIVATE POTABLE WATER LINE WITHIN CITY RIGHT-OF-WAY ALONG MAIN STREET BY MR. RAUL FONTES WHEREAS, Mr. Raul Fontes is proposing to install a private water line within City right- of-way along Main Street to serve his property at 3855 Main Street; and WHEREAS, the only feasible way to provide water services to Mr. Fontes' property is to install a long private water lateral to the nearest point of connection to an existing water service; 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-448 for construction of a private potable water line within City right-of-way along Main Street by Mr. Raul Fontes subject to, among others, the following conditions: 1. Prior to beginning construction of the Encroachment Permit, Permittee shall provide the City with evidence of membership with USA Dig Alert Services for the current year and forthcoming year and payment of costs for such membership for that 2 year time period. Continual, uninterrupted membership with USA Dig Alert Services shall be required as long as the private utility exists within the public right-of-way. Failure to provide annual evidence of membership to the satisfaction of the City Engineer will be grounds for revocation of this Encroachment Permit and removal of the Encroachment. 2. Permittee shall take all necessary measures to mark out the private water line if and when notified by USA Dig Alert Services. 3. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. 4. Encroachment shall in no way interfere with the maintenance of or operation of the existing public facilities in the encroachment area. Any costs arising from changes of or to any facility due to the Encroachment shall be the sole responsibility of Permittee. 5. In the event that any future construction, operation or maintenance of the City's facilities, including City Capital Improvement Projects, 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. Resolution 19350 Page 2 6. In the event that the future construction, operation or maintenance of the Permittee's 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. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said resolution and permit. Presented by Approved as to form by Public ~(Norks Director Cit~'Attorney Resolution 19380 2078 Paga 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of February, 1999, by the following vote: AYES: Councilmembers: Davis, Moot and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla and Salas ABSTAIN: Councilmembers: None S~M a y o~-~r ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19380 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24'h day of February, 1999. Executed this 24'h day of February, 1999. Susan Bigelow, City Clerk