The URL can be used to link to this page

Home My WebLink AboutReso 1969-5290RESOLUTION NO. 5290 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAMUEL S. VENER ENTERPRISE COMPANY INVOLVING THE PLACING OF AN UNCONTROLLED EMBANKMENT ON HIS PROPERTY LOCATED BETWEEN "E" STREET AND "F" STREET, EAST OF THE MEAN HIGH TIDE LINE 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 Samuel S. Vener Enterprise Company, dated July 1, 1969, involving the placing of an uncontrolled embankment on his property located between "E" Street and "F" Street, east of the mean high tide line, a copy of which is attached hereto and incorpor- ated 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 Recorder of the County of San Diego. Presented by Lane F. Cole, Direct 'r of Public '`.~ Works Approved as to form by _, s George D, ndberg, C ty Attorn ~,, ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 15th day of July 1969 by the following vote, to-wit: AYES: Councilmen Sylvester, Hamilton, McCorquodale, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None i ~` ~ / ,, _. or of the" City o~ Cola Vista . ~ ~;~ ATTEST :.~~~.r_t. ~ ~_~, City Clerk STATE OF CALIFORNIA COUNTY OF SAPd DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the city of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED : City Clerk CC-652 ,~ ~~q~ ~~uben recordea. pl~a~e return to: n~nn~ tl~, 1' . ~a~upcel l , City C1_ rls i~.o.:~oY lOb7 Chula ti'ist~, ~=alif. 95bC,9 '~i'~OLU`. IC), \O. 5290 R~cC~L)JTICN O~ i 1"; CITY GUT"T'CrI~, C?~ T~?:FS CJ:7'`c' OF CtTL'T~:~~ VIS~'A APt i,,OVIti!, f,Gx h,,~T,,~T~l' DI;~I~y,I~J:,n! Ti~F Clrl.'Y Or, CHULA V~`S`I'1: AI~1D S.AI`•iJI;L S . VI~NER ~,'JTERPi:ISL COI,;PANY li~IVOLVING ~l'Hr PLACIi:~~G CF AN UNCON`T'ROLLED F'MBAi~1I;~~Tf;NT OIv HIS PROPER~['Y LOCATED BITti~E;EN "E" STR.IE~i~ AND "F" STRI?ET, EAST OF THE MEAN HIGH TIDE LINE,' AND AUTHORI7INi, THE P•1AYOR `i'0 EXECUTE THE SAME `srriE' ~-1t ~ Council cf tr °~ C t , t i~. i. ~ cf Chul_~. Vista. does r-~re}~y r~cs~11•. a.s foiioz,~s : .- That that certain ac~reeraert betwecr~ the City of Chula `Ji.sta, a Municipal corporatio~z, and Samuel S. Vener Enter_pri.se Company, dated July 1, 1969, involving the placing of an uncontrolled embankment on his property located between "E" Street and. "F" Street, east. of the mean high tide lire, a copy of ~~~hich is attached hereto and. incorpor- ated herein, the sar-;e as though fully sot forth herein be, and the same i_~ hereby approved. BE .LT !FURTHER RT'SOLVL;D that tht=_ Mayor of the City of Chula Vista be, arzd he is hereby authorized and directed to execute said agreement for ar~d on bei:alf of the City o Chula Vista, BE IT FURI'HEF, RESOLVED that the City Clerr~ of the City of Chula Vista be, anc. ho is hereby authorized aid. cirected to record the executed docur?~erit in the Office of the CounL-y Recorder of the Co~_.nty of San Diego, Presented b1~ Approved as to form by Lane F. Cole, Director of Public 44orks Ceorge----'I), Lind:herg, City Attcr_n~y ~.LD~~~R.~~~ •lrjl Fi~FRG_ NO.._ ........................... J ~ RECOk9E0 M-T RE UEST OF ~ ~' ,` J L ~ 81969 AT'7`T.~A~Iq~UhJIAE$ PAST ............ . SERIES lE? BOOK 196 PC6lel~ RECORDS E $~N nN'F~ CQllNTY, CALIFORNIA O ~~` A. S `(' ~ 1'~, C016NTY RECDRDER R- -~ ~ i d ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 1$th day of 3uly , 196g ., by the following vote, to-wit: AYES: Councilmen Sylveste7C, Hamilton, McCorguodala, McAlliater. Scott NAYES: Councilmen Nona ABSENT: Councilmen None _(s) Daniel A. McCorauodale Mayor of the City of Chula Vista 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, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 5290 and that the same has not been amended or repealed. DATED: July 15, 1969 t`Qf~jo :` A ,~ ~GT .'~ ~ U 4 p ~ `~~'~ ,~ t' .. w ) A Cnl '~u sf C1 ~. _ 9~"A i • .~ ~:;;, _,_ City Clerk ~~~ -o r~• ~1_.S~9a A^-,~ZL't'Zs;_~_'.i' = i;R i;'-' I'~ D ~ x,7::7='i _Li''T Ii`~;,%OLCiT?~dG iJ:~CC'_TR~LZl'~~LE E?~i?~i.K'yiEi1T THiS AG~EE?~~2vT made and entered into this lst day of July 196 9• ., by and betweer: the City oz" Chula V?_sta, hereinafter referred to as "City", and Samuel S. Vener _Entereprise~_Compa~ hereinafter referred to as "L`eveloper. " W I T N E S'S E T H titiHEREAS developer is the owner of certain real property located within the City of Chula Vista and gore particularly described as foll.o~:a~ ; County Tax Assessors Parcel #567-01-01 and WHERE'S developer has allo~:-ed to be placed upon said property certain fill material, i.e. dirt, rocks, etc., wniCh fill material has been so placed in the manner known as loose f_tll and uncompacted, and WHEREhS pursuant to Section 29.2.23 such fill is desigr_ated as an uncontrolled embankment requiring the eYe- cution of special maintenance agreemer_t for land develcp.:~ent, NO;°7 THEr^.EFORE IT IS P~iL'I'UAL•Li AGREED by acid between the City of Chula Vista and Samuel S. Vener ~_£nt:er.~rise Co. as follows: 1. The fill deposited upon that certair. property described hereinabo~ve, owned by developer, shall hereby be desigrated• as an uncontrolled embunr.mnnt and shall re con- structed in acco~'dance with plane a:,proveci ry th._ City En.ir~eer. 2, Develo;~e:r herebv ackno`:aied..es that as a non- controlled eT.N`an;:iY7e1lt sold S1te. 1S nGt ~11~t1blE' f<:r c buildal:a perml~ un.iE?SS Sn°ii~.:~l c~,1'_S a2._.~1-~l^ an7 ZC.ii'=i,.~~10:1 dE'S1g;? .~.i= s~9a sub;rsltted and d~velope.r herzby agrees to provlds saa.d sells ar_alysls and foundation design or to reconstruct the embankment and fill in the manner as apprcvad by the City Engineer. 3. The land development wort shall be done and maintained in a safe and sanitary ma~aner at the sole cost, risk, and responsi- bility of the owner end his successc=s in interest, who shall hold the City harmless with respect ther4to. IN 'v9iTiQESS VJHEREOE, the parties hereunto have set their hands and seals the day and year first above written. Or CHUI~A VISTA Agvroved as to form by: George D,:~ indberg, City Attor STATE Or^ CALIsORNIA ) SS CO'~TNT'~' OF SAN DIEGO ) On /~/~ l /9' before me~~~/ yg4~. a Notary Public ir. and for s i County and State, p~:rsonally°~-, appeared __ Sn~ ~. ~`9y ~ ~ ~ kno•,•7n to ine to be the person_ whose name ~ subscribed to the withyn iratrument and acknowledged that ~e_ executed tYie same. WITNESS my hand and official seal. ~ ~ ~vvtary Pub c ~~ ir,, r ~,C ~?~ FOF.PoIP ~° -~:a PY7-E-30 DUANE M. HUGHES ~Y Commission Expires Jan. 23. 1970 ._ ~~~9~ DEVELOPER Samuel Vener, Enterprise Co.. ~~~ By: Sam F. Taylor, Superintendent