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HomeMy WebLinkAboutReso 1969-5448RESOLUTION NO. 5448 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ALLIED CONTRACTORS, INC. 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 Allied Contractors, Inc., dated November 14, 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 Record.er's Office. Presented by ,/ ~- ',' L~ i~ %' ,' ~ L Lane F. Cole, Dire c? "r of ,{ Public Works Approved as to form by %' ,, ~ ; George D. L~ dberg, City Attorn~ ',_~ ADOPTED AND APPROVED by the CITY COUrdCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of December , 1969, by the following vote, to wit: AYES : Councilmen Sylvester, Hamilton, Hyde, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None ;, ~1: f ;,r ATTEST ~ fr C ,"r."" ~ z/c , f c ~,r . ~. y Clerk !° STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) /^ r' ~..- 'G Mayor of the City of C a 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 `bVhen recorded please _eturn to: k_;:nneth P. Campteli, City Clerk P .U. L'ox 1087 Chula Vi<ta, Calit:. 92012 i:~JSGLti i~1=Gi? NO , 541~g ,._. ~T REQUEST OF ,~ REa ~-}- ~T~! ~ .~~1~~ f11.....~»-~~ _r~_ ~~~~ . -~. to ~ '~ 1969 ~- pT_.... ~i~s~~~~TFS~ PasT... __.... _.. SERi~s x~ BOt?K 19 9 :illrl'CIAL RfCORDS SAN D~I'F~1! COUNTY. CALIFORNIA ~`~~ A. S ~''1~.. CD'41~LY RECCRDFR ~~ RESOLUTION OF 'I'HE CITY CUL'NCIL OF ~I'~i?~ CITY OJ' CEIUI,A VISTA APPROVING AN U'~ICONTROLLED Ei~ii,,.?~NI:i•il:~i~dT AGRETs`~iENT BETC~EEN TFIE CITY OF CH'JLP. VIS~1'A AND ALLIED CONTRACTORS, INC . A?`ID AUTHORIZING TFIE 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 Chu].a Vista, a municipal corporation, and Allied Contractors, Inc., dated DTovember 14, 1969, a cony of. which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the sar^~e is hereby- approved. BE IT FURTFIER 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. J BE IT FUR'THEK RESOLVED that the City Clerk of the City of Chu1_a Vl.;ta be, and he is hereby authorized. and directed to record said agreement in the County Recorder's Office. Presented by Lane F. Cole, Director o Public r^7o~ks Approved as to form by George D. Lindberg, City Attorr_ey ADOPTED AND APPROVED ~tyh the CITY CHULA VISTA, CALIFORNIA, this day of by the following vote, to wit! COUi•7C~.~~~f~~~e C,T19b9, AYES: Councilmen SylveBter, Hamilton, Hyd®, McAllister, Scott NAYES: Councilmen ABSENT: Councilmen ATTEST (s) Kenneth Campbell City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) (s) Will T. Hyde Mayor of the City of Chula 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 copy of Resolution No. 5448 and that the same has not been amended or repealed. DATED December 9, 1969 Nolte None ~. ~ ~~ __ City C erk Ii.~~ ~=`7?:,~ _; ^ ~'~ mil'°.~~, ~ ~ `' ~i>i ~ ;_ THIS Ar__REENE;::T made anu enterer into this 14th day of November 1959 by and between the City o~ Chula Vista, hereinafter referred to as "City", and Allied Contractors, Inc. hereirafter referred to as "Deg=elcoe~ . " ~A I T N E S S E ~" ?~ ~9HEREr'~S developer is the owner of certain rea7_ property - lOCated LJ1t1"11n tii°_ C1ty of Chula V1sta an0 ?iol"t. partlCUlarly deSCri',";c^^~~ _., fC110'>v5 , Tax Assessors Parcel Number 595-060-2 Proposed Southwestern College Estates #5 and L>'siER~AS 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 known as loose fil__ and u.r_compacted, and j~7HEP.E.S pursuar_t to Section 29.2.23 such fill i s desicnated as an sir:controlled embankment requir5_r.g the exe- cution. of sUecial maintenance agreement fcr land dev~l~pir,ent NO';i Ti?E~EFORE IT IS R>iUTU'~LLY AGREED by and b_tza`en the City of Chula Vita and Allied Contractors, Inc. as follr.~=rs: ?, The fill deposited upon that certain property dE'JCJ"1bc C. :2E'. elna.bC)s1°, oilrld by devel0^er~ shall n2r::.'~V ~~? dE';~iyn~i''.:cCi• c.i G:a v'?CC?'2trC11eQ' P_iliba';k!T4er`.t dnC SC:ail :'~ C:J`_?^ StruCt:; 1n aC'COrda "!Ce ~+.'i t_~^ DlaF1= c3Jp~OC'~u ;i_,' tC?2 C;?_L" :I1C- ;_,~c2-, ~. L~~ve .G' .~ ilc~~.. LL C ,.J1c?GiC~^c _'c';: Can r: n4'1- contro?'cd ::r,:_. _.,.__. rst =aid si*_;_ ; s r^c~t elic;;^~e "~r a hui ?d_^c. r,e Yi4l ..t U.n1E^-5 ~._.~c ^_.l c. l_ ~C1~._ ana l~-51c: cP,.J `_:a:;.. .,'•a'"=1i; r"~?~ ~ a?"E SL'tG't;]_tE~l cSYi'~? dCr%c^^__Oyi,r ~~rei~_>' ~~ri'_c~ t0 i-3:'C~°.=~.^l2 Sc.?~' SOI.~, c.',~l.ySiS and fourdatian design or to reconstruct the embanY.ment and fill in the manner as atpr.oved 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- bil~.ty of the owner and his successors in interest, who shall hold the City harness with respect thereto. IN P7ITr~'SS H7HEREOr^, the parties hereunto nave set their t-.ands and seals the day and year first above written. THE CIT~i O CHUL.A VISTA ~~ ~~~~ - MAYOR DE VE T_,OPER ALL/ ~~ Gtr ~/ TlZ a e'Tt~ i~2 S ~- Approved as to form by: ~~; _ %~ F' George D. ndberg, City Attor. STATE Or CrAIaIr^ORNIA ) SS CGi3i~T'i' Or SAN DIEGO ) On /;, , /~' - before me ~, /!~ ~~~,. , ~j,~-:<~~ .fir. , ;,~,~~~s, a Notary Public in and for sa~.d Co',znry and State, personally known to m.r to be the Corson- whose name- subscr?-bed to the witnir. i-~strument and acknowledged that ~Le~ executed the szme. P7IT23ESS my hand ar.d ofsiciai seal. ~ / // ~ ;.rotary Public . r._~ ,,,m,,.,,,,,,..,,,,,,,,,,,.-: ~ E~ ~~ DUANE M. HUGHES ~.. NOTARY PUBLIC -CALIFORNIA W ®E _ - PRINCIPAL UFFICE IN = • s `,~ `l m - SAIk l7lEGU ('(11;rvrY P6d_,-;~0 ®UANE f~~. HUGHES My Commission Excires !ar. 23 1970 ~, r.Xry