HomeMy WebLinkAboutReso 1971-6059
RESOLUTION NO. 6059 ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
COUNTY ASSOCIATION FOR RETARDED, SOUTH BAY CHAPTER
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
a municipal corporation, and The San Diego County
Retarded, South Bay Chapter, commonly referred to
located at 1280 Nolan Avenue, dated the 23rd day
copy of which is attached hereto and incorporated
as though fully set forth herein be, and the same
City of Chula Vista,
Association for
as Starlight Center,
~f. April, 1971, a
herein, 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
an F. Co e, Directo
Public Works
Approved as to form by
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Georges Lindberg , City Atto~xfey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 18th day of May , 1971, by the
following vote, to-wit:
AYES:
NAYES:
ABSENT:
Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
Councilmen None
Councilmen None
,;~''~ Mayor of the City of Chula Vist
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ATTEST ' ~: 2?~Z~..~/
Y%% City Clerk
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been amended or repealed.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 EMBANKMENT
THIS AGREEMENT made and entered into this 23rd day of
April 197 1 by and between the City
of Chula Vista, hereinafter referred to as ."City", and San Diego
county Association for Retarded 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:
1280 Nolan Avenue, also known as County Tax Assessors Parcel
No. 620-05-28 as of April 26, 1971
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
WHEREAS pursuant to Section 29.2.23 such fi31 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 Chuld Vista and San Diego County Association for Retarded,
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 desion 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 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
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MAYOR'
DEVELOPER
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F.or: , az~ .b C"o V Association
for Retarded
Approved as t o by•
eorge Lindberg, City Att ey
STATE OF CALIFO^NIA )
;' ) S S
. COUNTY OF SAN DIEGO )
On before me, ,
a Notary Public in and for said County and State, personally
appeared
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.
Notary Public
to aas c O
(Corporation)
II STATE OF CALIFORNIA
} SS
.
COUNTY OF ~~'r C~i~~o )
me, the undersigned, a Notary Public in and for said
On i'~.~l.~~~ ~ ~ ~~~ before
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State, personally appeazed mar, ~r',~ -,. ' ~u c,' r y IC/s
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_ .z, . #~~, and
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of the corporation that executed the within Instrument,
= known to me to be the persons who executed the within
Wi Instrument on behalf of the corporation therein named, and
a acknowledged to me that such corporation executed the within
d
OFFICIAL SEAL
instrument pursuant to its by-laws or a resolution of its boar e,,, o~ M
of directors. '~• m DUANE M. HUGHES
y
WITNESS my hapd and official seal. i
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~ ® NrTARY PU BL IC-CALIFOR NIA
• SAN DIEGO COUNTY
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~~,r „~P MyCommissionExpiresJan.23,197~
Signature )-.,~,v„v,~:: =~ _' _. ",-
276 Guava Ave., P. O. Box 1087, Chule Vista, Ca. 92012
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Name (Typed or nted)
P W- E (This area for olRcial notarial seal)