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HomeMy WebLinkAboutReso 1971-6228RESOLUTION N0. 6228 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOHN M. AND PATRICIA B. SHEFFIELD 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 M. and Patricia B. Sheffield for the property located at 834 First Avenue, Chula Vista, California, dated the 14th day of September, 1971, 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 as to form by ~~ r2 ~ `~ Lane F. Cole, Director of George D. Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of October 1971, by the following vote, to-wit: AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ARSFNT ~ Cntinri l mr~n Nnna ATTES STATE COUNTY CITY O 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 OF CALIFORNIA ) OF SAN DIEGO ) ss. F CHULA VISTA ) RESGLiITION NO. _ 6228 FtESO1~UTION GF THE CITY COiINCIL OF TIIE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBi-~IVKM.ENT AGREEf~,EIQT BETWEEN TIIE CITY OF CHULA VISTA AND JOHN M. AND PATRICIA b. SHEFFIELD AI'D AU'I'HOKIZIIIG THE MAYOR TO EXECUTE THE SAeLF 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 PH. and Patricia B. Sheffield for the property ]_ocated at 834 First Avenue, Chula Vista, California, dated the 14th day of September, 1971, a copy cf 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 Idayor of the City of Chula Vista be, and 1-~e 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 as to form by ~~~~~ Lane F.~Cole, Director of George D. Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of October , 1971, by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hvde, E~dahl NAYES: Councilmen None ABSFt~tT ~ f nnnni 1 mon TTnr~o ATT: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I. Cit:l Clerk of the City of Chula Vista, California DO IiEREBY 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 ty Clerk ti _~ ~',. ,_ ~ When recorded, please return to: jrn_~:'L• i~~. F:z1:.=;~, "'its Cleric C:uia ?%is~ ; C i:t~r±cia 920 ~REEMENT FOR LAND DEVELOPMENT (Reso.#6228) FOR UNCONTROLLED EMBANKMENT THIS AGREEMENT made and entered into this 14 day of S eptember 197 1 by and between the City of Chula Vista, hereinafter referred to as "City", and John M. s; Patricia B. Sheffield man >; wife hereinafter referred to as "Developer." W I T N E S S E T H WHEREAS developer is the owner of certain real property 1~~~ located within the City of Chula Vista and more particularly described as follows: The North 143 feet of the East 153 feet of Lot 7, in quatter Section 121 of Chula Vista, in the Rancho de la Nacion, in the City of Chula Vista, in the County of San Diego, State of California, According to the Map thereof No.505, filed in the Office of~County Recorder of San Diego County, March 13 , 18,8 8 . 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 WI'ItK~HS 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 DEVELOPER 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 acknoti~~ledges 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 fi•Il in the manner as approved by the City Engineer. ~~a~~ 1~ 3. The land development worE: shall be done and maintained S 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 r ~ !~/ i', Jghn M: ~f.£~,~ld ~ ~~ ,: / ~ ~/ ,'~ f - _ _ /rat y~ j ~_ ~, r Patricia B. Sheffield -~ App(r~~'e~' as to ~orm~ by',:,,~ ~' , i _ ~ ~ ,- -~ ~; ~ ~ O a/, {, /' G .'..vrg~. D. ~. i ii ulU~r g, v~ ty At+i,~r i' STATE OF CALIFO,^,NIA ) SS COUNTY OF SAN DIEGO ) On ~~~~~~>~~~.~ %5~;~7,~/~ before me,_~ o> ~,.~./~ -r ~-~ a Notary Publ c in and for said County and State, persona l.y appeared ~fa~ ~~ 5.~~~~~/~~,>~/;~~o~~-~~~~, ~ .s~~~~~!r~_ known to me to be the persons whose names arc subscribed to the within instrument and acknowledged that ~he~ executed the same. WITNESS my hand and official seal. r ~~ ~ / / -i -~ ~~; c___ Notary Putr.~c Pti o• OFFICIAL SEAL ~°; DUANE M. HUGHES m _` ~~ NOTARY PUBLIC-CAUFORNIA " ' SAN DIEGO COUNTY 276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012 D 1.1 _ r 2 n ~~ ~l R~ ~ :3 '~ +Gr a3 s.j C. i v ~f _yy.'' CI~I~aN ~ rn ~F~~_-__ ~~~~ ~~,. ~ __. CITY CLERK Ocr f ~ iQ ~~ ~1N '7 i h~~~~. ®~o~(~ NO FEE