HomeMy WebLinkAboutReso 1987-13038 RESOLUTION NO. 13038
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND JOHN AND ELVI
PARTEE, JOHN VOLLAND, REMEDIOS ASTROLOGO AND GERALD
AND FETIE TAGGART
AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
That that certain agreement between the City of Chula Vista,
a municipal corporation, and John and Elvi Partee; John Volland;
Remedios Astrologo; and Gerald and Fetie Taggart
for the property located at 1001 Guatay Avenue, 1005 Guatay Avenue
and 148 Inkopah Street
dated the 19th day of May , 19 87 , a copy of which is
attached hereto and incorporated herein, the same as though fully set
forth herein be, and the same is hereby approved.
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 that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to record
said agreement in the office of the San Diego County Recorder.
Presented by Approved asto form by
676
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 19th day of- May
19 87 , by the following vote, to-wit:
AYES: Councilmembers Moore, Nader, Malcolm, Cox
NAYES: Counci 1 members None
ABSTAIN: Counci lmembers None
ABSENT: Council members McCandliss
Ma:~l~ ~/the City o"'t'/l~hula Vista
S,ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 1S038
,and that the same has not been amended or repealed.
CC-660
~O ~L TO:
AGREEMENT FOR LAND DEVELOPNENT
THIS AGREEMENT made and en%ered into this 19th da~ of May ,
1987, by and be%ween ~he Ci%~ of Chula Vista, ~inaf%er'~eferred ~o as
"C~, and aohn and glvi Par%ee, lOO1 Gua~ay Ave.; aohn Volland, 1005 Gua%ay
Ave.; Remedios As~ologo, 148 Inkopah; Gerald and Fetie Taggar%, 148 Inkopah; NO~EE
he~einaf%er ~eferred to as "Developer."
WITNESSETH:
WHEREAS developer is the owner of certain real property located
within the City of Chula Vista and more particularly described as follows:
lOO1 Guatay Avenue, 1005 Guatay Avenue, and 148 Inkopah Street
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 15.04,335 such fill is designated as an
uncontrolled embankment requiring the execution of special maintenance
agreement for land development,
NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula
Vista and John and Elvi Partee, 1001 Guatay Ave.; John Volland, 1005 Guatay
Ave.; Remedios Astrologo, 148 Inkopah; Gerald and Fetie Taggart, 148 Inkopah;
as follows:
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.
PH-O07 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 embankment 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 sanitary manner at the sole cost, risk, and responsibility of the owner
and his successors in interest, who shall hold the City harmless with respect
thereto.
State of C:d-)~:~c~+L,~j:t:-I .... I On this the'JjL~-L day of _____[)'1 f~',L~ _~19'~'/_,betorerne,
~ ~ ~ SS.
the u~ersi~e~ Notary P~lic, personally appeare~
[ I personally known to me
~ ' ' ,~ D B. H~CKLE to be the person(s) whose name(s) subscribed to the
~3~ NOTA~ pUBLiC CALIFORNIA within instrument, and acknowledged that L ~ .executed it.
; pRINCiPAL OFFICE ~N
~ · SAN DIEGO COUNTY WITNESS my hand and official seal.
My C0mmi~ion Exp May 9. 19~8 ~ . ~7{~ ~
Notary's Signature
State of C~L'~J,~__ ~ On this the ~ dayof /~ ~) 19~?,bef°reme,
ss.
the undersigned Notary Public, personally appeared
I I personally known to me
~~~ ~-~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed to the
i NOT withinjnstrument, and acknow edged that J~ _ ~ executed it
Notary's Signature
the undersigned Notary Public, personally appeared
~4roved to me on the basis of satisfactory evidence
~, to be the person(s) whose name(s) subscribed to the
~, ....,% OFF~CrAL SEAL within instrument, and acknowledged that j'~ ~ ~ executed it.
" ' My ;, I988 NotaFy's Si~atjre ' ~ '"
IN WITNESS WHEREOF, the parties hereunto have set their hands and
seals the day and year first above written.
THE CITY OF CHULA VISTA DEVELOPER
MAY d
" ~on o, an
Approved as to form by:
/ ~ ~lv ar e ~
~ioS As ro ogo ~'
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On this ~ I I~% before me the undersigned~
~&Notary Public ~d~d State, personally appeared, ~g~ ~.~
~e~6a~s ~s~t~6 persona]]~ known to me, or (proved to me tb' be', d~ basis
of satisfactory e~idence), to be the persons whose names subscribed to be
the within instrument and acknowledged that T~s~ exe~ed the same.
WITNESS my hand and official seal.
'~Notar~ ~
PW-E-30
Revised 11/85
767E
d~, 674
~ / ·~_~,~ ~,. ..... . ·
,, "'
DR~WN BY T I T L E
L. M. ~. UNCONTROLLED EMBANKMENT
°~5-6-87 1001.8 1005 GUATAY AVE/148 INKOPAH S~