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HomeMy WebLinkAboutReso 1969-5110RESOLUTION N0. 5110 !REBOfitTJEID .~T R~fQUEST (lf r. ~ v , ASR ~ ~ 19E9c RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA APPROVING AGREEMENT BETWEEN THE CITY OF VISTA AND DONALD P. AND CATHERINE C. McCOLLC~M FOR LAND DEVELOPMENT INVOLVING UNCONTROLLABLE AND AUTHORIZING THE MAYOR TO EXECUTE SAME aT~-- ..try =rc~~~,~s• I~n~r- -~.- w~~5 ~r'2 6C7C~K 1469 CHULAp ^. ~r~'NC,t~~ szFCOr~as "Sn~J Dlf_U~J "G~lJNiY. CALIFOtt(~IA CHULA A. S. ~i+~1'.. ~D:~iti~TY N.~CORDFR EMBANKMENT N(~ ~~~ The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and Donald P. and Catherine C. McCollom for land development involving uncontrollable embankment, dated the 25th day of March, 1969, a copy of which is attached hereto and by r~rence made a part hereof, 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 said City be, and he is hereby authorized and directored to record said agreement in the Office of the County Recorder of San Diego County. Presen~ by ~~~ ~' /I C.e-~~~ ~ 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 25th day of I~rrrTn 1969, by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Hamilton, McCorquodale ABTAINING: Councilman Sylvester NAYES: Councilmen None ABSENT: Councilmen None ''~ ~ . ,. ~' ~~ ~~ .. ayor of the Ci of Chula Vista ATTEST ~". _.-c_ .-`-<_c ~ '-c¢1G1 ~ ~,, __~ City Clerk STATE OF CALIFORNIA ) CQUNTY OF SAN DIEGO ) ss. CITY.' OF C,I~ULA VISTA ) `~"I,: City Clerk of the City of Chula ` Vista, 'C ali~fornia, DO HEREBY CERTIFY that the above is a full, true and cori'e~ct Copy; •of Resolution No. and that the same has not been ~aznerd~,d ., or gr~epealed . DATED City Clerk ~~ ~-:,~ AGREEMENT FOR LAND DEVEhOPMENT INVOLVING UNCONTROLLABLE EMBANKMENT THIS AGREEMENT made and entered into this 25th daX of March- , 1969, by and between the City of Chula, hereinafter referred to as "`City", and Donald P, and Catherine C. McCollum, hereinafter referred to as "Developer". W I T N E S S E T H WHEREAS developer is the owner of certain real property located within the City of Chula Vista and more particularly described as follows: Easterly one-third of assessor`s parcel #575-091-07 and WHEREAS 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 fill and uncompacted, and WHEREAS pursuant to Section 29.2.23 such fill is designated as an uncontrolled embankment requiring the exe- cution of special maintenance agreement for land development, NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and Donald P. and Catherine C. McCollum, as follows: 1. The fill deposited upon that certain property described hereinabove, owned by developer, shall hereby be designated as an uncontrolled embankment and shall be con- structed in accordance with plans approved by the City Engineer. 2. Developer hereby acknowledges that as a non- controlled embankment said site is not eligible for a building permit unless special soils analysis and foundation design are submitted and developer hereby agrees to provide said soils analysis and foundation design or to reconstruct the embankment and fill in the manner as approved by the City Engineer. // ~.5 // C~ ~~~'= ~' 3. The land development work shall be done and main- tained in a safe and sanitary manner at the sole cost, risk, and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. THE QTY OF CHULA VISTA i ( ~ 1 / !1 ~ /J~ ,,// . jerk ~~ Ma or ~:~ ~' ?r ;. DEVELOPER ,~, V ^' a~ ~~ ,R ~ - ONALD P . MCCOLLC3M C-'-~,1,~, ,~ ~. ~~1~~ 1~~ CATHERINE C. McCOL M Approved as to form by ~~:,~ George D. ndberg, City Attorne STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO ) On March 21, a Notary Public in appeared are subscribed to executed the same. 1969 before me, Mabel G. Franks , and for said County and State, personally Donald P. McCollom and Catharine C. ~4cCollom known to me to be the persons whose names the within instrument and acknowledged that they WITNESS my hand and official seal. ~y1/ ~~,~-P~ /~- _ rPr.~~< <,.~~2~~r•.i~ ~ Notary Public ti s.1 M,~a..r~. G ~ '' i -a-