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HomeMy WebLinkAboutReso 1971-6170 RESOLUTION NO. 6170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHARLES M. DASHIELL 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 Charles M. Dashiell for the property located at 1070 Del Mar Avenue, Chula Vista, California, dated the 6th day of August, 1971, a copy of which is attached hereto and incor- porated 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 ~-- ~ ~'1 Lane F. Cole, Director f George D. Lindberg, City Att ey Public Works ADOPTED AND APPROVED by the City Council of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of August , 1971, by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton NAYES: Councilmen None ABSEN'. AT TE S' 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 FUR LNND DEVELOPMENT FOR UNCONTROLLED Efi8ANKMENT THIS AGREEMENT made and entered into this 6th day of A~ust 1971 by and between the City of Chula Vista, hereinafter referred to as "City", and Charles M. Dashiell hereinafter referred to as "Developer." W I T N E S S E T H WHEREP.S developer is the owner of certain real property located within the City of Chula Vista and more particularly described as follows: 1070 Del Mar Avenue Tax Asse'ssor's Record - 619-060-23 619-060-24 and 619-060-25 61.9-060-26 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 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 Chul a Vista and Charles ~i. Dashiell _ __ , as follows: 1. The fill deposited upon that certain property described hereinabove, owned by developer, shall F~ereby 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. ~~i~~ 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 CHULA VISTA r ~ - MAYOR DEVELOPER Approved as to form by: George D. Lindberg, City Attorney STATE OF CALIFO^NIA ) SS COUNTY OF SAN DIEGO ) ~~~~/ O n C~.,~--~ ~, ~ 9 7/ b e f o r e m e, .~ ~ ~~~<- a Notary Public i and for said County and State,Jpersonally appeared C. /Yj, ~A sN i E ~LL 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. ~z a ~~ci~~ SEAL ~.. ~~ ~ 11~~art ~ ~'c~wnsend ~~~ ~ ~ (.LI I~i?F"~fA ~~~.' ~ ` '.;~ 1N ~,t.... .,.~ 'I~(. ~~'i~liY fv~y L~-~n~ t~',ir, E>pi J~.~I,~ 2~. i~/~ 276 Guava Ave., Chuia Vista, Calif. 92010 PW-E-3U Notary Public ~~ / ~~