HomeMy WebLinkAboutReso 1971-6159RESOLUTION N0. 6159
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, 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 the Park Hill United Methodist Church,
located at 545 East Naples Street, Chula Vista, California, dated
the 19th day of July, 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
Lan F. C le, Directo of George-;; Lindberg, City Att ney
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 3rd day of August 1971, by the
following vote, to-wit:
AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES: Councilmen None
AB S z+rT m
ATT]
n...._-- -- ~ ----- ..
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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amended or repealed.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
AGREEMENT FOR LAND DEVELOPMENT
FOR UNCONTROLLED EMQANKMENT
THIS AGREEMENT made and entered into this 19th day of
July 197 1 by and between the City
of Chula Vista, hereinafter referred to as "City", and Elton R. Smith, Pres
Board of Trustees, Park Hill United
Methodist Church 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:
545 E. Naples Street - also known as Assessor's Parcel No. 639-340-08
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
fi71 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
Elton R. Smith, Pres., Board of Trustees, Park
City of Chula Vista and Hill United Methodist Church ,
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 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.
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- - 3. -The ?-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
MA
DEVELOPER
,Approved as f m by:
Geor D. Lindberg, City Att ey
STATE OF CALIFO,^.NIA
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SS
COUNTY OF SAN DIEGO )
0n ~- ,tom 1 ! ~ ~ before me , ,~~'~~ ~z~.:~ ~~,~~~~
a Notary Publ' in and o~^~said County~nd State, ersonally
appeared r ~,~-~~ ~Q~~_~t~_~~ ~u-~-~~_~J _
known to me o be the person whose
name_ subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
/ o~ OFFICIAL SEAL ___
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Notary Public
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