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HomeMy WebLinkAboutReso 1973-67811.5::1 RESOLU'1'IUt~ NO.~~$L~ RESOLUTIOiv 0? T`11E CITY COUNCIL OF TIIE CITY OF CHULA VISTA APPi~OVING AN UNCONTROLLED EMBANKMS'NT AGREET~~ENT k3ETt~1EEN T1iE CITY OF CtIULA VIS`P71 AND PARK F-TILL UNITED METHODIST CHURCH FOR I'ROPERTi' LOCATED AT 545 EAST NAPLES STREET IN THE CITY OF CHULA VISTA AND AUTHORIZING TIIE MAYOR TO EXECUTE Z'HE SAME The City Council of the City of Chula Vista does hereby resolve as follows: Thar that. certain agreement between the City of Chula Vista, a municipal coxporat~on, and Park Hill United Methodist Church for the property Lscated at 545 East Naples Street in the City of Chula Vista datoc tree nth day of ~3arcYt _~ i~ i ~ n a ropy of which is attacried h_roto and incorporated herein, the same ~~s t.hough• fully set forth herein be, and the same is hereby approved BE IT FURTHER RESOLVED that the Mayor of the City of Chula ~?is'.a be, and ho is heroby auto?-~~ri.z^d ae~:? d~ rusted t.o oxecute said agreement for and on behalf of said City. BE IT FURTHER RESOLVED *.hat the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said agreement ~n the office of the San Diego County R. corder. Presented by (s) Lane F . Cale Lane F. Cole, Director of Public Works Approved as to form. by (s) George D. Lindberg George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITx' COUN~IL of the CITY OF CHULA VISTA, CALIFORNIA, this 2Uth day of t~?ax'C.4 , 19 7 ?, by the following vote, to-wit: AYES : Councilmen Etjc:a.kl1, Scott, Label, Hamilton, Hyde NAYES: Councilmen Saone ABSENT: Coun~i.lmen Mane ATTEST (s? Jennie =-F. F?'u2asz Ci±~° Clerk STATE OE` CALIFORNIA COUNTY CF SAN DIEGO ~ ss , CITY OF CHULA VISTA (s} 'F'hoar;,as D. Hamilton, Jr. Mayor of the City of Chula Vista I, Jennie ~`. Fulasz , City Clerk of the City of Chula Vista,,. California DO HEREBY CERi'TFY that the. above is a full, true ` and correct opy of R~:~solution No. 6?~I , and that the same has not begin amender or repealed. DATED =:~az~c~ 21. 19?3 City ~~z x~~ ~~~~ ~ ~~/ r(- ,~., 2 AGREEMENT FOR LAND DEVELOPMENT FOR UNCOfJTROLLED EMaANKMENT THIS AGREEMENT made and entered into this 20th day of March , 1973 , by and between the City of Chula Vista, hereinafter referred to as "City", and Park Hill United Methodist Church hereinafter referred to as "Developer," lJ I T N E S S E T H WHEREAS developer is the owner of certain real property located within the City of Chula Vista and more particularly described as follows: The Southwest Quarter of the Northeast~Quarter of Quarter Section 89, Rancho de la Nacion per Map thereof No. 166 filed in the office of the County Recorder, County of San Diego, State of California, excepting therefrom the Northerly 246 feet; the Westerly 209 feet; and the Southerly 40 feet. and WHEREAS developer has allowed to be placed upon said property certain fill material, i.e. dirt, rocks, etc., which fill material has been so placed in the manner known as loose fill and uncompacted, and WHEREAS pursuant to Section 29.2.23 such fill is designated as an uncontrolled embankment requiring the exe- cution of special maintenance agreement for land development, ~JOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and as follows: Park Hill United Methodist Church 1. The fill deposited upon that certain property described hereinabove, owned by developer, shall hereby be designated as an uncontrolled embankment and shall be constructed in accordance with Grading Permit No. 73-4G and plans approved by the City Engineer. 2. Developer hereby acknowledges that as an uncontrolled embankment said site is not eligible for a building permit unless special soils analysis and foundation design are submitted' and developer hereby agrees to provide said soils analysis and foundation design or to reconstruct the en1~,~ankment and fill in the manner as approved by the City Engineer. ~~ ~~~ 3. The land development work shall be done and maintained in a safe and sanjtary manner at i:he sole cost, risk, and respon- sibility of the owner and hip successors in interest, who shall hold the City harmless with respect thereto. 4, A surety bond or cash bond deposit in the amount of $1,000 shall be submitted to the City of Chula Vista. 5. Embankment area shall be leveled off following completion of work and during placement of material in such a manner so as to maintain an aesthetically pleasing appearance and eliminate significant ponding, IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. THE CITY OF CHULA VISTA `r MAYOR r-~ . DEVELOPER ~~ ~ 1 L ~ ~ r~ a ~ o(i~s ~~l~.~,~r-~~ Approved as to form by: George D. Lindberg, City Attorney STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO ) ,- On t`}~C'~ ~~ -~ before me, -~' f i'ia'' a~ t ~,r~ a Notary Pu ic,in a~ fo said County and State, personally appeared i ~ e . , known to me to be the person_ whose name_ ; subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official ERT MEN ~~,'~ COWHERD d~:. ,F ~` "AtrFORN(q SAdV D;EGU CUUNTY r i'bJ-F-~30 seal. l ~ ~ ~ ~ C~~'ti~ _ ~,-_ ~s ~~ ot~ry,b,~Public s. 3 t,:, .~ ;r: expo •; AprP.5, 19<f a ~~ '~, +~~'`~ 7 Return to: _ ~, - Chula Vista .City • Clerk ftl.E~?AOE NO~ 276 Fourth Ave. BOOM+ x.913 Chula Vista, CA 92010 RECORt1Ft) REQUEST OF G'e~ ~,1`'~-~ MAC ~8 133 PM''~~ ~ ~ z-~' OFFICIAL KfGORDS SAN OIEOO COUNTY. CALtF. HARLEY F,BLOOM RECORDER RESOLUTION NO. 6781 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PARK HILL UNITED METHODIST CHURCH FOR PROPERTY LOCATED AT 545 EAST NAPLES STREET IN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME The City Council of the City of Chula Vista does hereby resolve as follows; Thai that certain agreement between the C:~ty of Chula Vista, a municipal corporation, and park Hill United Methodist Church for the property located at 545 East Naples Street in the City of Chula Vista dated the 20th day of March , 1973 a ropy of which is attached hereto and incorporated herein, the ssme as though fully set forth herein be, and the same is hereby approvedo BE IT FURTHER 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 said City® BE IT FURTHER RESOLVED TM.hat the City Clerk of the City of Chula Vista be, azxd she. is hereby authorized and dir°ected to record said agreement xn the office of the San Diego County Recorder. Presented b~j Approved. as to farm. by --. ~ ,~~~ - ~; l ~ ~~~~~~ Lane F. Cole, Director of Public George . Lindberg, City Att ney Works ADOPTED AND APPROVED by the CIT~C COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20thday of March , ~-~~3, by the following vote, to-wi.t: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hvde NAPES: Councilmen. None ABSENT : Coun~;ilmen None ~~~~ ~ Mayor of the Ci y of Chula ista City Clerk STATE OF CALIFORNIA COUNTY ~'F SAN DIEGO ~ ss , CITY OF CHULA VISTA ~ I, City Clerk ~of the City of Chu:La Vista, California DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED C%ty Clerk