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HomeMy WebLinkAboutReso 1972-6322RESOLUTION NO. 6322 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRUST AND SAVINGS BANK, AS EXECUTOR OF THE ESTATE OF EARL R. SEVERIN 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 San Diego Trust and Savings Bank, as Executor of the Estate of Earl R. Severin for the property designated as Assessor's Parcel No. 618-6-76 along the 500 Block of Arizona Street, Chula Vista, California, dated the 22nd day of December, 1971, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is here- by 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 Lane F. Co e, Directo of Public Works Approved as to form by ~ r George D. nL~db-erg, City Attorney ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2~ay of January 1972, by the following vote, to-wit: AYES: Councilmen Hvde, Eqdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ~~ ;?; r _ ATTEST,.- % Z-~~z2,~1 ,~~~ ,~_ ~': .~ f~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) `~/ i ~'" f /' ~,/ ..~ ' r ~..i` yor of the City of Chula,~~'Vista I. City Clerk of the City of Chula 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 City Clerk hen recorded, please return to: ~~ _ ~ .--' _ _ X34 -~_.. _. _ _.-. -._ - .;__~%- AGREEMENT FOR LAND DEVELOPMENT FOR UfJCOfJTROLLED EMBANKMENT THIS AGREEMENT made and entered into this 22nd day of December 197 1 by and between the City - San Diego Trust & of Chula Vista, hereinafter referred to as "City", and savings Bank, Executor of Estate of Earl R. Severin 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: Property assigned with San Diego County Assessors Map Number 618-6-76 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 know as loose fill and uncompacted, and WNEKtAJ pursuant to Section 1D.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 San Diego Trust & Savings Bank, City of Chula Vista and Executor of Estate of Earl R. Severin 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 plans approved by the City Engineer. 2. Developer hereby acknotivledges that as anuncontr•olled embankrent 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. ~~a ~ . 83 3. The land 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 CNULA VISTA ~~ ~ -~ .~ MAYOR ' DEVELOPER Approved as to for by• ~'. G or e u. L' 'aerg, Cit• N Forney ~f STATE OF CALIF4.".NIA ) ~/ SS COUNTY OF SAN DIEGO ) 0 n ~~E~-r= yn ,~z,c° ~? 3 /9~ i a Notary Public in and for said appeared known to name_ /s~ subscribed to the that he executed the same. _, before m e ,~eeiv~~ J"~i _.~S'i~~r;~,~r~-~ County and State, personally me to be the person whose within instrument and acknowledged -~.. WITNESS my hand and official seal. ,~ // ~ ~. ~. ' 7. ,- Notary Public . ~ ~, FILEIPkGE ~JO. aJC~~ 1972 ~~ .~~t~~ ~zt 3 !i F S T~ F ~f8 3 9 31 ~~'~~ Q~-~E~I: ~~ ~ ~~ SOS SAN GoFGp ~:tiU~~'l Y. CALIF. HARLEM r.~BLO{~N RE~O~tGER ,. `~~. f °;'~\ gsiENJA ka. STE.iP~~v?ETZ o t ~ ~`Ji~'i rtRY F'UoLIC~ ~, ~~` ,'nac:~ ^;ffi~:~c, a~.~ ;:icCO Co• (;alit. Pdy Coma?asios Ex~i:es S:.ne 16, i~74 ~~m"1°~i1'5~~~°k"~'Y~°s°~l~dt('U~ / ,. ~ =1