HomeMy WebLinkAboutReso 1970-5513. ~•
RESOLUTION NO. 5513
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND GERALD A. SHORTELL 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 Gerald A. Shortell, dated the 26th day
of December, 1969, 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 he is hereby authorized and directed to record
said agreement in the County Recorder's Office.
Presented by
Lane F. Cole, Director of
Public Works
Approved as to form by
George D. indberg, City Attorne
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 20th day of January , 19 70 ,
by the following vote, to-wit:
AYES : Councilmen Sylvester, Hamilton, H Tde., McAllister, Scott
NAYES: Councilmen None
ABSENT: Councilmen Nnna
( '~ F
' --C-i~ty Clerk
Mayor of the City of Chula, ista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, , City Clerk of
Chula Vista, California DO HEREBY CERTIFY that the above is
true and correct copy of Resolution No. and that the
not been amended or repealed. DATED
the City of
a full,
same has
City Clerk
I 'j'r1? ~"'tT(` 7`rj n5!j~}` ~.T r ;; ~ .. T. ~':i`~ <T r.-t. -.-. >.;m
THIS F,r_-p,P`.,.'~,N.t.'.'i`7T made and entered into this 26th d-y
of December 1q6 9 by and between the City of
Chu]_a Vista, hereinafter referred to as "City", and
Gerald A. Shortell hereinafter referred to
as "Developer."
wTTnE~sET:-i :
tiiEEREyS developer is the owner of certain real. property
loCGted Y71t1;1n the City of Chula Vista ara~; more parti.c~:lariv
dc-'scri.bed as follo•rs:
72 "H" Street, known as Tax Parcel No. 568-38-07
any'
,•ai~ RE3S developer has allowed to be placed uno~ said
property certain fill. :material, i.e. dirt, rclc'~s, etc, , which
fill material has been so placed in the manner knowr• as loose
fill and uncompacted, and
~v'r?EP.EAS pu.rsuar_t to Section 29.2.23 such fill is
G'eClgnatEd as an uricontrOlled emban':ment requirir_q ttie e;'.2-
cutior. of special l~lainterarce agree^ent for land develop..^.:ent,
D~O'r, TI?E~EF'C~?y IT iS ~iGTJ?~LLY' AGREED by and between the
City of Chula tiista and _ _ Gerald A. Shortell
as follows:
1. The fill depos,ted upon that certain pro~~erty
~E- C_'r:L~'?ed lc Y::lnabCVe, C.4,'I]eCt 'J' V Cc.ye1.UT~2r, shall herc;^•y .`~c
;l°~lg?:=.~eti• 3S G'P. i.I:CO::t:'OI~.E'd 2R11J~?"t':.T~?eYlt a:':U S'11c i 1J~'_ Cvi1-
Strt'.Ct2'_ 1.n ~,CCUt'ianC_ V+~_t~i ,:l.ar1.= apprCVed IJl~ t~1C' „-~, _;i1G=.,'-'~?Y.
2. y,~v~ ope.. ~~~eb~.• a+_.:n^wl2dc;ns ~<<:_ as a :'`c~•-
-.. _. ~~;n,...?r.', va~,j S.'. tC 1S '1Ct ell+7~ C,iE ~Cr a }`u11d_'~'
cvn~relL_
r~~U.;
r: i.r;i?...t un1E:"c .yi°Cl~~ SC1iS ,finals'-1- C,-:d .~ .:+a~~fid::.. ~ -:;ice ar::.
~_% ~ ~I
Su.bmitttd and dev•atoaer herYby agre~S o y^rCU1r..'e Sald SOilS ar231yS15
and foundation desigl~ or to reconstruct the embankment and fill in
the manner as approved by the City Engineer.
3. The land deyelog~:e:.t work shall be done and maintained
in a safe and sanitary manner at the sole cost, risk, and responsi-
bility of the o<<;r_er end his successors in interest, tvho shall held
the City harmless with respect thereto.
IN tdITNESS Yv'HEREOF, the parties hereur2to have set their
hands and seals the day and year first above written.
T~-iE CITE' OF CHitLA VISTA
_ ~~~ _
+, MAYOR
DEVELOPER
72 "H" Street, Chula Vista, CA
P.pproved as to form by:
G°orge D. 'ndberg, City Attorney
STATE OF CALIFORNIA )
5S
COv~a`I'Y OP SAN DTEGO )
On December 26, 1969 before me, Duane M. Hughes ,
a *dotary Public in and for said County and State, persorsa11.1 __._
appeared Gerald A. Shortell
known to me to be the person_ whose
rame_ is subscribed Lo the within instrument and acknowledged
that __,J2e_ executed the same.
WITI~ES.S my hand and official. seal,
L7otary lic
..,~,mm~.~.._m,„_,,,.,.,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
st" °`, 4, DUANE M. HUGHES _
NOitiRY PUSLIC CALIFOkNIA
°®e('
ter,';: ~c'! PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
j
i?r'E-30 DUANE M. HUGHES
M~ Commission Expires Jan. 23, 1970
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