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Home My WebLink AboutReso 1970-5538.~ RESOLUTION NO. 5538 . . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEO D. WELLS 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 Leo D. Wells, dated the 5th day of January, 1970, 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 r~ ~/ I GG Y_ Lan ole, Director of Public Works Approved as to form by /' i ~..,~. r George D. n berg, Cit Att ~~-~„-' Y ~ env` ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of February , 1970 , by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton Hyde McAllister NAYES: Councilmen None ABSENT: Councilmen None Mayor of the--City of hu Vista ~ ~_, ATTEST ~-" - ~ ~~ 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Cler 'Nhen recorded please return to: Kenneth P. Campbell, City Clerk P.O. Box 1087 Chula Vista, Calif. 92012 ~~~''~n l'i'yl_?~V iL'. 55.7 FILES°AGE NO..................~...-----^ RECORDED AJ~REQUEST OF r'Q ~~ B 2 71970 BOOK 1970 9AN DIEGO COUNTY. CALIfpRNIA O ~~,` d ~ tiFiAY~ COUNTY RECORDER RESOLUTIGti OF ~i~i-F CiT~ ;~OJ^~C1 L OF TH CIT'_' OF C~iL?LA VTSi:~ AFPkOVIN~~' T .r,...,,,~„- ~ . ,= ~:r ~r ,T, __,T~ ~;~. a Ara ~?i~~.l~,`. 1 r.t.~_.~~~~0 ~'i:~t_ ..M~,~;'T AGZ'~~.rir~~: ~ n ~~, 1 ~vL . _ TFiE CITY CT' CHULA V1ST, AtvD T:EO D. ~~F~LLS A~rJ ~~.UTLIORI''I`:G THE ~~~,YOa'. TC ~.XECU`_t~~' 1'HE SA'~'IE The City Council of the City of Chuia Vist~_ does hereuv resolve as follows: That that certain agreement between the City of Chuia. Vista, a municipal corporation, ar_d Leo D. ~r?ells, dated the 5th day of January, 1970, a copy of which is attached hereto aril incorporated herein, the same as though full~.~ sec forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the i4ayor of the Ci..ty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and en behalf of said vity. BE IT FL'R~i,~iER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby authorized and directed to record said agreement it the County Recorder's Office. Presented by Approve-d as to form by Lane F. Cole, Director o ~ ~ ~ Veorge D. Lindperg, Cit:.y httorr.ey Public Works ADOPTED A?JD APPP.O~TD by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORIvTIA, this 24th day of February , 19 70 , by the following vote, to-wit:- AYES • Councilmen Scott, Sylvester, Hamilton, Hyde, 2icAilister NAYES: Councilmen. None ABSENT: Councilmen Hone ATTEST (s) Kenneth Campbell 'City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTP. ) (s) Will T. Hvde Mayor of the ity of Chuia Vista I. Kenneth Campbell City Clerk of the City of Chula Vista,-California DO HEREBY CERTIFY that the above is a full, true and-correct cony of Resolution No. 553E, and that the same has r_ot been amended ar repealed. DATED February 2.4, 19Z~ __ . _City Clerk -' a ii`'i.%vL=r1..~'•~~7 n'~1.~.'~:`~'~vL:T"i~~,~' .L,_.~-:7\7~.~:-_~~. C n 1; L'-•1 T~~iI~ ~C,_.DF~~. ~i made and en'~_.~ ~d into this t ''aY of January 15~ 70 by and beLN~een th° Ci.ty cf Chula Vista, hereinafter referred to as "'City", and Leo D. Wells riereinafte- referred to W I '1 is E S S F~ T '.-i ~~~iiDR'.AS deve,ope~ is she os?ner of certai-i real property located ~aithin the City os Chula Vista ar.u <<,ore partir_ularly L]E'~C?'lb''d a5 fO11C~`:;7s: Rear of 430 Broadway, also known as Tax Assessor's Parcel #567-20-88 a r.N, prccerty certain fill :laterial, i.e. N?rt, rock=, e-Lc., ~.!ricr :E~11 T21aLeY1~l has ~cen SO p1aC°~ zn t~";C. :^,?an,^.E'f }CT.'O~r?n 2. IOOSc fi1J_ and uncornpacted, and Y'v'i1F~.C: ~ pL; Z'S it :a :it t~7 Se Ct ].. O}7 ~~. 1. ~?. G1l Cif ;111 .~_, deSl~nuted as aP. UnCC?ntr~! i lE?d e,.:ban'.~~^!e.it reC,uirlniJ th2 C-:?e- CllT_1O:: Of speClal ~d7_ntellanCe ree^'.°nt fOY 1cI?!^ dP_VelOp:!t:?nt, NO',~ THEF,~= ~~:E IT iS ~;[.+TL?w,r`- '•_CZT'~D by and bett•;een t'r_e City of Chula Vista and Leo D. Wells as folio~:s: 1. The fill .?eposi.*~ed „rcn than certain prep-,rtA~ described herei:.above, o•:_'nE:d ::y ''ec>e1^:er, shall neraby be deSlCjia;tP.C']• aS an ~;TiCOi":trOliea e-.c~;n{r;~,cn~ an,a Shail bP CJ:i- Str'wCted 12~_ aCC,._. ",~._;Cc :ti'_+~~. rian~ u~~."'.:iVeC~ _ ~r t'.lZ ~ltz, ~•P. J~_:!2 __ . ~. !;'c''VC'1Q;-;~~1 ._C'"E;J1r ~Ck`._-,.'ie;C7-"'.~ t:"13t 2S :~r1:i- COn}I"OlIE"' c ^1,FJ ^'.ii1?nt =i':1Q S'_t_'' 3 S I's ., _ e~.1~...;~1~- fcr ~ ti`Ll7 ld ~7sC•. periT!ii= unl:._~ g_ 'C~..__ SO ' c 31...11'.:1° ~:I'..^~. i.. ,:.i]d:. __G^ Je P _._ . ~~ submitted and dEVeiap r hereblJ ag.-ees to prv~~ide saiu sGiis ana?ysis and foundati~~n design or to reconstruct the embankment and fill :ir; the manner as approved by the City Engineer, 3. The land development Mork shall be done and maintained in a safe and sanit«ry manner at the sole cost, risk, and responsi- bility of the oKrner and his succetisors in inr_erest, t->ha shall held the City harmless with respect thereto. IN FIITivESS WHEREOF, the parties hereunto have set their hands and seals the day and year first abovQ written, THE CITY GF CHULz VISTA t..~,~Q MAYOR DEVELOPER -ifs~~~~~ ~~.__. App=avid as to fora, by: _ / ~,' i Ocorae D, iltdberg, City Attort~~~ STATE OF CAL.iFOF2i~7IA ) ) SS - COUNTY CAF SAN DIEGO ) F, Or. January 5: 1970. before me, Duane M, Hughes _ , a Tv'atzry Public in and for said County and State ,_ ~ersor,ally appeared Leo D. Wells _~ _ known to ma to be tl-.e person whG~e riame~ . subscribed to the within. instrument and acknowledged that fie, executed the same. WIT:~~SS my `:and and official seal - >L~~4~~_a~ - ~" '~ -- Notary P ie E . D,.~A!NE,~~N! II HUGIHES "~°m` d '~ ~.G~hi2Y PUoLiC -CALIFORNIA ~~~~~, it PR:NC!?AL OFFICE IN g ='~ SAN DIEGO COUNTY i2,:T- J r>. -~0 DUAN~ ~;~. HI.~GHES My Commissicr, E;:pires Jan. 23, 1976 ;J wy