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Home My WebLink AboutReso 1971-6019 -----.. ., RESOLUTION NO. 6019 RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN. THE CITY OF CHULA VISTA AND THE ESTATE OF ANNE CONFORTH 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 estate of Anne Conforth of 456 Fourth Avenue, dated the 24th day of Marth, 1971, a co'py of which is attached hereto and incorporated herein., .the same as though fully set' forth .herein be,' and the same is hereby, approved..' . Vista be, agreement BE IT FURTHER RESOLVED that the Mayor of the City of Chula and he is hereby authorized and directed to execute said for and on behalf of said City. BE IT FURTHER RESOLVED'i:naf.the City Clerk of the City of Chula Vista be; and she is hereby .authorized and direct'e'd to record said agreement in,the office'of the San Dieao County Recorder. . ~- " . ,. .' ..' . ~\' ". ~ ~.' .... ~. ,. Presented by ~ ".' " Appro:lted. as to fo~m ;'by ~"lf{!:to< Public Works of. ~'. . m~dv~ " GeO~indberg, City Atto~y. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA ,: this 6th day of April , 1971, by the following vote, to-wit: AYES: ,Councilmen Hobel, Hamilton, Egdahl. 'Scott NAYES: Councilmen None ABSENT: Councilmen Hyde ~)lr:~ M~yor of the City ,of Chula V' ta ATTEST tfJ?1/Fl/--eJ "'- V ~City Clerk STATE.OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) , - I, ' City Clerk of 'the City of, ,Chula Vista, Callfornia 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that the above, is a full, true and correct copy of Resolution No. ' ,and that the ,same has ,not been amended or repealed.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 -'. . AGREEi.iENT FOR IAND DEVELOPHENT INVOLVING UNCONTROLh~BLE EMBAN~lENT THIS AGREEMENT made and entered into this 24th day .of March , .l911~, by and between the City of 'Chula Vista, hereinafter referred to as "city", and the estate cof. Anne Con forth . hereinafter referred to 'as "Develop~.r.1l W I .T N E .5 5 E T H : WHEREAS developer is the owner of certain real property 'located within the city. of chtila vista and more particularly ! described as follows: 456. Fourth Avenue known as County Tax Assessors Parcel #568-370-14 as of this date .and WHEREAS ceveloper has allowed to be placed upon said .property .ce.rtain fi~l material,. i.e.. dirt, rocks, etc., which fil~ material .has been so placed in the manner known as loose fill and uncom?acted, and i';HE~EAS pursua nt t'o section 29.. 2.23 such'. fill is designated as an uncontrolled ernbiJ.nkment req'uiring the exe- cution of 'special maintenance agreement .for land development, NO'." THEREFO!;.E' IT IS MUTUALLY AGREED by and between the city of Chula vist~ and estate of Anne Conforth as f0110\'.'5: 1. Thc: fill deposited upon that certain property described' hcr2inabove, ()\.:ncdby developer, shall hereby be designated 2S ~n uncontrol16d embnnkmc~t and shall be con- structed in ...,ccOrd;1:1Ce "witl1 pl(lns approved by the city Engineer. 2. Developer 11creby ackno\vledges thi:lt as a non- controlled cmb':'lnkment !i~lid site is not ~1i'Jiblc fOl~ a building permit \1nlc.:;!~ spcci;'\l -soils an;ll.ysi::, .1."nd found"tion desi~ln .:lr(~ ~C.0{)/q .submi~ted and developer hereby agrees to provide said s.oiIs analY,sis and foundation design or to r~construct 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 responsi- bility 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. ~:S;~?r ' , MAYOR ' , ' DEVELOPER Jhe .Estate 'of Anne Con forth By Executor: ~tJ /?i I (~--O~'--T:- 'G--L, . Approved as to form by: , (f~))t:r- o Robert 0.' Confbrth George D. Lindberg, city Atto~ney STATE OF CALIFORNIA S5 COUNTY OF SAN DIEGO , On' ~,c4 .:"9'-/7'7/' ,before me, flcc.-?t<'~/47k-", a Notary Public in and for/said county and state, personally appeared ~fl"","/ O. C:;p~-,/h , knoh'n to roe to be the person_ whose narr.e_ ~ sub-scribed to" the within instrument and acknowledged thtit ...]1c_ e):ecuted the S<3me. WITNESS my hand and official seal. ./2/~4/;;j!~. /4/~ Notary.' 11c j",,~ OH:CIAL SEA,L I ,ih....;;:}-f~!, DUANE lvl. HUGHES ! ~~f{~~~:,'~};:'~ N01ARY PU8L1C-CAUFORNIA .~>~-'~~~V SAN DIEGO COUNTY ~~~:~ MyCommissl(ll'lExpircsJEn.23.1974 .........~,.:;----.~..--"---'"~-'<V..,...........................-'l 276 Guava AI'e.. P.O. Oox 1087. Chule Vistll, Ca. 92012 PW-E-30 P,:> \ [OIC/ AGREENENT FOR L.!I,ND DEVELOPHENT INVOLVING UNCONTROLLABLE EMEl\NKHENT THIS AGREEHENT made and entered into this 30th day of March , 19~. by and between the City of chula vista, hereinafter referred to as "City"~ and Carlin Construction Co. I a partnership , hereinafter referred to as ~IDeveloper. 11 WIT N E SSE T H : ~~EREAS developer is the owner of.certain real property located within the City of Chula.vista and more.particularly i described. as follo",s: 916 through 932 Industrial Blvd. County of San Diego Tax Assessors Parcel #617-1-21, as of March 30, 1971 and h1fiEREAS developer has allo'..led. to be placed upon said property certain fill material; i.e. dirt, rocks, etc., which fill materia.l has been so placed .in the manner known as loose fill and uncompacted, and \"lHEREAS pursuant to Section 29.2.23 such, fill is designated 2S an uncontrolled embankment requiring the exe- cut ion of special maintenance agreement for land development, NO\1 THEREFORE IT IS NUTU.;LLY AGREED by and between the city of Chula vista and Developer '. as follo.......s: 1. The fill deposited upon that certain property described l1crcinnbove, oh'ned by developer, shall hereby be desigll~.'ted as on uncontrolled embunkment Zlna shall be con- struct~cl .in ~ccord~nce With .plans appro~ed by the city Engineer. 2. Dc.-vclo:?(~1" hc~eby ackno\vlcdgcs thi1t as CI non- controlled cnlb~nklncnt ~ilid site is not eligible for a buildil19 permit .unlc:;:: six,'eLll !~oils an~ly:,:is i:lnd foundation dt.~:.;i9n .:11:1.' ~' I ,/ ..q"" Y'!:J(j ,submitted and developer hereby agrees. to provide s~id soils ana~Y,sis 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 san~tary manner at. the sole cost, risk, and responsi- bility 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 CHUL~ VISTA HAYOR DEVELOPER BY: Carlin Construction Co., a rA~ artnership ~~~ r~ Approved as to form by: 'Robert Carlin ", George D. Lindberg, city Attorney ,STATE OF CALIFORNIA SS COv~TY OF SAN DIEGO On March 30, 1971 ,before me, Duane M. Huqhes a Notary Public in ond for said county and state, personally appeared Robert Carlin . known to me to be the perso~_ whose namc_ _ subscrib.:=d to the within instru-ment and acknowledged that ~e_ executed the same. WITNESS my hand and official seal. rA~~ ~-' ~~y-L . Notary PU' ~c OFFICIAL SEAL DUANE lVi, HUGHES NOl ARY PUBLIC. CALIFORNIA SI>-.N DIEGO COUNTY MyCommissionExpireshn.23.1974 '; ~~ 276 Gua;,;! Ave., P.O. Bo)\ lOS7, Churn Vista, C<l. 92012 PYI-r;-30 flu, 6 () 20