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Home My WebLink AboutReso 1972-6619When recorded, please return to: Jennie M. Fulasz, Ciry Clerk P. O. Box 1057 Chula Vista, California 92012 1682 FILF.IPA ;-- N;: 2`786`7`7 OK)w w RE CQRGEQ Ft €9tJ �T p¢ l ✓/ -:. :. CITY CLERK OCT 17 9 47 40'74 RESOLUTION NO • 6619 OPFIQIAf. kEGaA0i SAN 01 00 yOUNir,�ALIF, NO FEE R'i :L' IIii; CI`T'Y COUP,, L _ Ol� TII1v CITS ��A VI APPi —Z , 1' N Ard U1ICOIJTR0LLED E• 1BANKMENT AGREEMENT BETWI,L'N '1'111'. CT`t Y Oh C1.10 LA VISTA AND BART CORPORATION AND COUNTY PROPERTIES 1?,lID A'311IORI ZING THE MAYOR TO EXECUTE 'THE SAME The C)ty Council of the City of Chula Vista does hereby resol-ve as That th t certain agrcemenr_ between the C-ty of Chula Vtsta, a znunicipai c:�rL : :r�tt ion, :and Bart Corporation & County Properties fO.r r.h: prDperty i.- :,sated at the north side of the 200 block of Palomar Street dated the 6th d.,.y of September 1932 , a opy of which :s atta h -cl h_retc, rjr)d incorporated herein, the came a_ though fully set forth hl -rein be, and the same is hereby approved BE IT FUR]1` IER RESOLVED thc.t the May :or of the City of Chula Vista bc, and he is hereby authorized and directed to execute said agreement. for and on behalf of said City, BE 11' FURIHER RESOLVED that: the City Clerk of the City of Chula; Vista be, aid =_he j.s hereby authorized and d- rested to record said agreement .n the cff:ce _)f the San Diego C'c,un.ty t ?� corder. Presented by /s/ LANE F. COLE Lane F. Cole, Director of Public Wo ks Approved as to form by George D: Lindberg, City Attorr -y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORIN:A, this 3rd day f October 1972 by the follow., ng vote, tc:• -wit : AYES: Co'unvi imen Scott, Hobel_ Hamilton. Hyde. Egdahl NAYES : ':ounci.lmcn Non ABSEN'T� . C'oun:-i linen None /s/ THOMAS D. HAMILTON, JR. Mayor of the City of Chula Vista - ATTEST_ ISZ JENNIE M. &LASZ Ci,y Clerk rm STAI'E OF CAL_ 1�'JRN'_A COON" 1, CIF '~.N DIEGO -s. CITY Or' CH�ILA VISTA i l _ JENNIE M._.FULASZ , City Clerk of the City of Chula V� =ta, C i l ac n.,a DO HEREBY 2ERT IFY that thtc above s a full, true and cotr c— Pr olution No. 6619 , and that the same has not been amer),J: _, -;r r -1)e,alc-d. DATED October 3, 1972 �� C Vrk City i~~;~ • AGR~:EMFfdT FOR LAND DEVELOPf~1EfdT FOR UyCUIdTP,OLLED EMDANI;MENT THIS AGREEh1r.N~} made and entered into this Gth - day of septem}?` r , 1 97 2 • , by and between the City of Chula Vista, hereinafter referred to as "City", and Bart Corporation ~; County i~roperties hereinafter referred to as "Developer." W 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: Lot 14 of Quarter Section 142, clap of Chula Vista per clap 505 thereof, excepting therefrom the tiYesterly 330 feet. (619-222-12) and WHEP.EAS developer has allowed to be placed upon said property certain fill material, i.e. dirt, rocks, etc., which fill material iras been so placed in the manner know as loose fill and uncompacted, and WHEREAS pursuant to Section 28.2.23 such fill is designated as an uncontrolled embankment requiring the exe- cutian of special maintenance agreement for land development, NOW THEREFORE IT IS f~tUTUALLY AGREED by and between the City of Chula Vista and Bart Corporation ~, County Properties , as follovrs: 1. The fill deposited upon that certain property described hereinabove, o-vned by developer, shall hereby be designated as an unc~~ntrol 1 ed ernbankrnent and sh~l 1 be constructed i n accordar;ce with plans approved by the City Engineer. 2. Developer herohy ackno:vledges 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 four,dati on deli yn or to reconstruct the en;banl:ment and fi 11 in ti;e manner as approved by the City Engineer. ~!~/~ 1F~4 3. -The land development work shall be done and maintained in a safe and sanitary manner at the sale cost, risk, and respon- sibility of the oHrner and his successors in interest, who shall hold the City harmless with respect thereto. IN WII~NESS WHEREOF, the parties her°eunto have set their hands and seals the day and year first above written. THE CITY OF CHULA VISTA M YO DEVELOPER ~~ ~~ ~~ . ~ ~. f ~c y.hL t~.- Approved as to form by: George D. Lindberg, City Attorney STATE OF CALIFO,^,NIA SS COUNTY OF SAN DIEGO ) On 4 `,~-,, ! t.- ;~ ~~ -r , before me,~ '~ ~_. ~~~~~ ~'~~~~ a Notary Public in and for said County and State, personally appeared ~_r _ r, _, ~-~, ,;;, - !'-,~ - ~ 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 seal. ~. ~ ~ `~~ c a ~~~ C ( l - Notary Public r ar ~`~~~~~~r~~~~~~~~..~~~~~~y OffIC1Al SEAL ~ . : ~ ~ ~. ~ . ,~ 1:, LORRAINE A. KRAKER ~; ~ , ",~, ~/Y~ N,rary -ublic - Cal{forni• ~ ~ "~" SAN DIEGO COUNTY ; ~ My Commission Ex iref June 12, 1976 -------..~ E s .._ ..---------- ~~Gi~ RESOLUTION N0, 6619 RESOL*JI`ION OF THE C:TTY COUNCIL OF THE CITY OF CHULA VISTA APPROV.LNG AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BART CORPORATION AND COUNTY PROPERTIES A.ND A~JTHORI~ING THE MAYOR TO EXECUTE THE SAME The City Council of the City of Chula Vista does hereby resolve as follows: Thar that certain agreemerar_ between the City of Chula Vista, a municipal c~rrpvration, anal Bart Corporation & County Properties for the proper-~y lrcated at the north side of the 200 block of Palomar Street dated the 6th day of September , 1.972 ~ a ropy of which 1s attached hereto and :incorporated herein, the game ~~ though fully set forth herein be, and the came. is hereby approved BE IT' FURTHER RESOLVED i~hat the Mayo~r~ of the City of Chula Vista be, and h,~: is hereby authorized and direc~,ed to execute said agreement. for and on behalf of said CityR BE iI' FUR~IHER RESOLVED ghat the Ci*yy Clerk ~;f the City of Chula Vista be, a:~d she is hereby authorized. a~sd di~ecred to record said agreemen!~ ~.~ the cff ice y` f_ the San. Diego Coup.*y, Recorder. .Presented bar ~ ~, :~ Lane F. Cole, Directo of Public Works Approved as to form by George D. Lindberg, City Attorn ADO~PTE~D AND APPROVED by the CITY COrJNC1L of r~he CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of October ' y9~2~ by *he following irote ti to-w~. t AYES NAPES ABSEN"' ATTE Co~nczlmen _ Scott, Hobel Hamilton, Hyde, Egdahl councilmen None STATE OF CALi F`ORN T A ,y COUNTY ~~F SIGN DIEGO '~ ss , CITY OF CHULA V"ISTA ~~ 1+ City Clerk of the City of Chula Vista, Californ~.a DO HEREBY CERTIFY that the above is a full, true and correc~r copy e~f Resolution No ® , ,and that the flame has not been amended or repealed. DATED City Clerk AGREEMENT FOR LANG DEVELOPMENT FOR UNCOPdTROLLED EMBANKMENT THIS AGREEMENT made and entered into this 6th day of _ September 197 2 by and between the City of Chula Vista, hereinafter referred to as "City", and Bart Corporation ~ County Properties hereinafter referred to as "Developer." W 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: Lot 14 of Quarter Section 142, Map of Chula Vista per Map 505 thereof, excepting therefrom the Westerly 330 feet. (619-222-12) and WHEP.EAS 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 know 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, NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and Bart Corporation ~, County Properties , as foliows: 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 plans approved by the City Engineer. 2. Developer hereby acknowledges that as an uncontrolled embankment said site is not eligible far a building permit unless specia] soils analysis and foundation design are submitted and developer hereby agrees to provide said soils analysis and foundation design or to reconstruct the embankment and fill in the manner as approved by the City Engineer. Z~s/~I - - 3. -The l-and development work shall be done and maintained in a safe and sanitary manner at the sole cost, risk, and respon- sibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. THE CITY OF CHULA VISTA MAYOR ' DEVELOPER ~'~ . ~~ ~ ~~ pproved a t rm y: Geo D. Lindberg, City orney STATE OF CALIFO^NIA SS COUNTY OF SAN DIEGO :~ . ~ 0n ~:~~~ ~ ~-ti - _ ~~, __ ~:' , before me,~,.~~..<.~_,~ti ~a . r~ r.~~c,~~~ a Notary Pu~ lic in and for said County and State, personally appeared ~ ti/ ~F-_~ ~ ~_ ~2 , v< < ~_ ~-'~~~ ~~., o~ ,:; r Qah~ c<R~~ ,;~~~>~~~~.,; 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 seal. ~v ~~ C ~ ~ ~ ~ ~ 0. hi' C ~'<_ J Notary Public Trrrrrrrrrrrrrrrrrrrrr~~~~1 OFFICIAL SEAL ~ y > ~ ^ ~ ,.~ ~ `'.~'^, LORRAINE A. KRAKER i f ~ R a orn i `~~ N,tery ~ublie - Cali ~ ~ , / SAN DIEGO COUNTY ; ~ My Commission ExEires June 12, 1976 rrrrr~~, ~.rrrrrrrrrrrr rrrrr f'lr'-f:-30 ~ __-l ~,~,~~