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HomeMy WebLinkAboutReso 1969-5390RESOLUTION NO. 5390 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE HARBOR DRIVE-IN THEATRE INVOLVING THE PLACING OF AN UNCONTROLLED EMBANKMENT ON THEIR PROPERTY LOCATED BETWEEN NATIONAL AVENUE AND FIFTH AVENUE, AT THE NORTHERLY CITY LIMITS 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 Harbor Drive-In Theatre, dated September 23, 1969, involving the placing of an uncon- trolled embankment on their property located between National Avenue and Fifth Avenue, at the northerly City limits, 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 the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby authorized and directed to record the executed document in the Office of the County Re- corder of the County of San Diego. Presented by -._~ ~~~ _ -~ ,„~/~~~ Lane F. Co"le, Director of Public Works Approved as to form by ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHIJLA VISTA CALIFORNIA, this 14th day of October , 19 69 by the following vote, to-wit: AYES: Councilmen Sylvester, Hamilton, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen McCorquodale :; - -- r ' ~ _.._ `~ ,' / Mayor/ of the City of Chula Vista pro tem - s ATTEST ;~ , ~`` lr Ott ~'~/~~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ssa CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Cal~toinia, DO HEREBY CER.TTFY that the above and foregoing is a full, true and correct c;:py ~~t and that the same has not been amended or repealed, DATED : City Clerk CC-652 /~% ,~ ~ aT When recorded please return to: Kenneth P. Campbell, City Clerk P.U. Box 1087 Chula Vi:: ta, Calif. 92012 ~~. ~,n;,~_, ~-:.c:_; _ _ . 53`0 ~, #~Gtiit~3Ei9 A'~ REQUEST Cf o ~~ ~ 1y69 Ar-,~..~.-a~~caumES Frasr_---.-.-- SfRIES 'N~' BbOK 1969 OFF4t~iq~ R'cCORDS $AN DIEG(;' ~C{}NTY, CALIFORNIA ~~ A. S. CRAY, .~11'.WMTY RECJRDE3 ~~ ~T,,..Q1~ TI'L~~_l~~T C; ~l'=1 -~ C~rG _ '..L~IJ1.L.! Z 'mot' '~'ti!~~ ~.:1'1'v t.iL'~ l.t1U~,~~. V iJ~t: ~, _ _ n r, i Ah ~~1~Ll ~~IiV `.7 ti \_}t _~...1~_~_ .~~i''v.LT _. _..,~ C.~i'Y :.- '.' _r~L::1 \ ' 7_ tja ~l THE II,R:3GR ~'<Z5.'I:-IN lt'i r\ ~~:: IPv'vCI,, lvi~ lnr: ~. _: U AN UNCONT?~C'I,LF~? ~T°~BA`~~.. ~"'+rl O"~ TN.~IR. PROI'ER~~"Y TvC:ATr•JL BE`i+r~i=•E'~ ''.TTC~1_I 1_V r." F Ai:D ~ Ir2'Ii T.V~~ t~~', E1~~ `1.:~? NORTi-iERI,`i Ci. ~ ~" i ! } -I: I'~ ~ivD AT~1T~IvRI ~ IPG r~'r~'s~ P:11~YOP. ~'O EXECUTE Tlir, ~ z,r~'y The Ci tv Council of the Cit~~~ of Chala Vi sta. de?s l~.ereby resolve as fclio~f~s 'That that C~E~t~ln ctCJr`=:2I'.1E~:1.. :.`E't~4Eeii thc: C:it'v J_ C_1'a~_a Vista, a muni_ci;,~,1 so_-porgy=.~~~_on, ~.nd TiAe I-I~3.r1`or Uri_~~ -In Theatre, dated Septem:~~er_ c3, 1965, =-n-:roi-vine; tr.e ~1~.r;`in~ of an uncon- trolled emba-nk~~---ant o~~ their ~~ropert~~ located tet~~,ae~~n riation~-1 Avenue and Fifth avenue, at the northerly City limits, a copy of which is attached rer.eto and incorporated ler~~ir., the same as though fully set forth h~~re~.n be, a.r}d- the sar,,e is hereby approved. IIE IT FURTHER ~:ESOLVI'D that the i~Ia1~or cf the City of ~_,_-t rr_ a__. ~.~. .~.-,rl he i c 'lr~Y,~~IV =x'1~.}":OT`l!,°_d arld CLirc:Cted tO execute said agree:::ent for and or: ?,~ehai.f cf the City of Cr,L:.i3 Vista. BE IT FURTHER RESCLVEI} that the City Clerk of the City of Chula Vi-sta be, and he is hereby authcr-ized and di?~ect.ec' to record the executed docum.e:~t in the O%fice of the County Re- Presented by Approved as to form by Lane F. Cole, Director o` PL:blic t~lcrks George D. L= nd.:~erg, Ci~~- Attorne~~ ~~~~ 9~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA ~'~,° .~- r~ CALIFORNIA, this 14th day of OCto'yEr , 1969 by the following vote, to-wit: AYES: Councilmen Sylyggter, Hamilton, McA11i8ter Scott NAPES: Councilmen None ABSENT: Councilmen MCCorauodale /(s) Thomas D. Hamilton, JR. Mayors of the City of Chula Vista pro t~ ATTEST (s) Kenneth Campbell City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, city Clerk of the City of Chula Vista, Cal~_toinia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct c:.py ~~i Resolution No. 5390 and that the same has not been amended or repealed. DATED: Ocbober 14, 1969 ~' -- ~ ~. City Clerk CC-652 Y1'~`Vv~~~~%Y'v~ Jy`~-,~,,a~.~...,~I..~,Bi:E ~,i°i~'._~,'Y~.,.;F1.~~(~ Ti-iIS AGr%E~/_EI~dT made and entered into this 23rd day of September 196 g_• by and between the City of Chula Vista, hereinafter referred to as "City", and Harbor Drive In Theaters Inc. hereinafter referred to as "DevelGpel-. ~~ w I T N F. S 'S E T H ~viiLR~~~S developer i s the o.aner of certain real property located within the City of C::u1a Vista and more particularly describe.: as folio:~>~-. Tax Assessors Parcel Number 562-321-2 being the East Half of Lot 1, and Lots 2 and 3 of the Northwest Quarter of Quarter Section 151, Rancho de la Nacion, Map 505. ana t'rEt2E~S devveleper '.:as allo~~.~ed to be placed upon sari property certain fill material, i. e. dirt, rocks, etc., which fill- material 'r:as been so placed in the manner known as ioo=e fi_11 an_i uncompact~d, and WHEREAS pursuant to Sectio,7 29.7_.23 such fill is designated a~ ~an uncontrolleu e-nban?,me,~.t requiring the exe- cution of speciz:l r,~aintenance agreement for land dev2lGp~;ent, NO`,~;~ TH ~REFC)F:G I:' SS ~UTii:'~LL'~" AGPEED by and beti•~een the City of Chula Vista ..=..nd Harbor riv_e~r~ Theaters. Inc• _. as follcws: 1. The fill depositEd up~~n that ~~.~.tai r. pro, =arty descried he reinab~.~ve, o~.aned by- ucveloper, sha l !'ier!'~',y be designated• as an unCJiitrGll~Ci E:.:!bal?;:~''t~?it c'..:1:.~ Khali iJe CO,~-- strutted in accordance i th ~:lans i~y~o:.~~a~,>ec b1~ t:ie City Er,ir_~er. 2. ~eVeloper 11L_Y":.'.:Jti a~'i-r;";.71_~C:g~'S t[?2~C aS a riGri- COrti_rOllE?d er!t~ank~.ent c~? ld S3tc I.S r:Ot r` ~.;LC=.~ ter, for ._. .^.1;~.1d11?C; p^~ri(~1L Un7.eS~ S,~e'-_T'1a ~` S^~_S c. ~~. _. ,..~ ~riC7 t;:L 'I 1_' 1Gn e~£' 1gn e_..-- c/~- .5~91~ - SLibrAJ.ttE':2 i.iid dCV~b ~ =i .:~re::~~ -~ '£iS i0 }~.S"'.:°/~~E. Su._C7 5C:1_ ~ncl!\'S1.S and foundation design or to reconstruct the emb~=nknlent and fill in the manner as approved by trte City Engieer. 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 intexest, who shall hold the City harmless with respect thereto. ,' IN WITNESS h'~IEEEQF, the parties hereunto have set their hands and seals the day and year first above written. T:IE C1<~ GF Ciit~~A VISTA ~,~ i ~~ ..~1. ,~ 1_ ;, 2+IAYOR DEVELUI'EF. .Harbor Drive In/Theaters Inc. /~ Thom P. Hu in on Appr©v~d as to fore: by: Sam J. u so George D. Li.ndberc,, City Attorney ST TE c~F CALIr GF.i3IA ) SS COI~iVTY OF SAN DIEGO ) TO 449 C (Corporation ) O y _ v" STATE OF CALIFORNIA San Die o ss. COUNTY OF g On September 23, 1969 before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas P j;untington , known to me to be the President, and $am J Russo , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and p„~,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.....................,...,,,.,.,,,,,,,..,,...,,,,.,,,..,.... acknowledged to me that such corporation executed the within ~ G~°G,EdE )~ ),;J~~~S instrument pursuant to its by-laws or a resolution of its board F 5°...".~`'~~ of directors. _ ~' ''s NOTARY PUBLIC - CALIFORNIAs WITNESS my hand and official seal. ~ - ~ ~.•~ PRINCIPAL OFFICE IN `_ r~ _ r € C~ - SAN DIEGO CpUNTY Signature "' DUANE M. HU '~ S Nhl Commission Expires tan. 23, 197G Name (Typed or Printed) ~~9J'~ (This area for official no anal seal) ((// x ar-~.-ati_--__. -. _ _. - GSE' aged ~~ .~9~~