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HomeMy WebLinkAboutReso 1969-5198RESOLUTION NO. 5198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEE E. RAITT, REPRESENTING A PARTNERSHIP OF L.R. BLANKEN- SHIP, J.M. BURKHART, J.F. HESSE AND LEE E. RAITT,INVOLVING THE PLACING OF AN UNCONTROLLED EMBANKMENT ON THEIR PROP- ERTY LOCATED AT 310-320 BROADWAY AND AUTHORIZING THE MAYOR TO EXECUTE 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 Lee E. Raitt, representing a partnership of L.R. Blankenship, J.M. Burkhart, J.F. Hesse and Lee E. Raitt, dated the 9th day of May, 1969, involving the placing of an uncontrolled embankment on their property located at 310-320 Broadway, 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 Recorder of the County of San Diego. Presented by ~% .,. / ~ w Lane F. Cole, Director of Public Works Approved as to form by George D. indberg, Cit Attorne A.DC~?Trr A?'D PPPR(~V1?D '~y the CITY COLT~'CIL of the CITv ~`~, Ci'L"L~ t'~ ~~ I'h CALTFO~'i"IA, this 27th day or May , 19 69 _~~ , ~~.~ the folic-~:~in~ ~,~o~e, to-:.7it: A":'"": Councilr~,en Scott, Sylvester, Hamilton, McAllister "AY;:S: Councilmen. None ~~' ~:,~'T; Counc~_lnen McCorquodale ~~ Mayor/ of the City of C'_~c:la~'J~~ta pro tem ~' .. `~- y -j ,~ ., City Cler?~. TAT:'. ~_~ CALI FORP', IA ) CC`J,l'_ "F SA; DI"GO ) ss. CITY OF CHULA /I~•TA ) %, ?'ET';L'T'? ''. CAi'`.PBFLL, City Clerk of the City of Chula -vista, Cal_-;_; or:~.=,, 1`C ~TisF~~`'~' C~~'TIFY that the above and foregoing is a full, true and corr~cr cow-- of and that the same has not b?~-~ a_-:;~.nded or r~nealed. i AT~:l' City Cler:. ,(? 5i~~' T.tiIS rG=tFENE:i7T made and entored into this 9th daY of _~ ~ 196-, by and bet~::cen tho City of _ ~-- Chula vista, hereinafter referred to as "City", and ~, R_ R13nlssuship, ~,. ~,,`Ra~ 7. M. Burkhart _and J„F. Hesse hereinafter referred to as "Developer." W I T N E S S E T H WHEREi~S developer is the owner of certain real property located withir_ the City of Chula Vista and more particularly described as fellows; '~ 310-320 Broadway, also known as Tax Assessor's Parcel #567-090-15. a rd WEEtZEAS d_veloper has allo',f.~ed to be placed t;pon said proc~erty certain fill material, i.e, dirt, roc'cs, etc., which fill materiel has been sa placed in the manner ',mown as loose fi.l? and unca~pacted, and WHEREAS pursuant to Section 29.2.23 such fill is cesic~rated as ar. uncontrolled embankment requiring the e:~e- cation of special maintenance a,reement for lane develcpmer.t, Nvk; Tr~:REF^RE iT IS iiLTTJA T " Lev t-,GREED by and between the City of Chula Vi sta and T•_ R_ Ran. k~hp., r Rai t- , `T M.~ Burkhart and J. F. Hesse as follo;as ; 1. Tne fill deposited upon that certain property - :iE.~~i'i:~Nd '~~`reinabove, o'.aned by developer, shall hereby ;~~? dom.=;l.-~nat~.~~ ~5 an 112iCOnt'LClled eR':'JaSlk[T:ent and Shall be COri- . - .: _.'?_^0~~~?-~rn .~_.t'~ 7y _~:~ ~ approved by t}i? Cit:! ..,. _ ~ :ic ._ . - _ .._ _'.G'r -- ,:c.~'eLv, Gt7:~i?C`.J1edy^eJ t!?at aS a ~.^i.- CO:_..-"._l£:. _...__,.. _.~c.:"'a_ °a=~ SZ.Le _S iiot el' i~Jle f0=~ ci .%i21'_....i;'- _ _._..._ _ ~....~ -`-'- _ _ _._ _ . .l'_ `^,~'t ;.1o and fiJ3..i*1Ga ~ 1On C;E 1 _. .. _ . j ~ ~j ~~ ~ll`:ll~tted ci?Ci ;1e4'e_aner h;'1"2b~~ c.0`~~t~S ~~:0 p`G<%.C~2E' ._~i1Ci SJ1'_c i=a:?c'.iL!SiS and TOilndatlG?1 ~"aESigrl:~r tU rCCO,:iSt_uCt t~?e =:P.i~a2'"lkmerit avid fily in thc- ,earner as a>,proved by the City ynga.neer. 3. The land development wGrk shall be dorie and mai.n- tained in a safe and sanitary manner at the sole cost, risk, ar_d responsibility of the owner ar~d his successors in interest, who shall hold t7~e City 7-armless wi t7i respect thereto. IN WITNESS ^i~3EREOF, the parties hereunto have set their hands and seals t7;e day and year first above written. TH >"i'Y Or CHULA VISA -~ M yor pro tan DEVELOPER ~ /~ 1 . /i; ,_ ,. ~- ~ci ' ~ ~ i ~ / ~ ~:;__~ f , 4 ~ _ - ~, Approved as to form by s ~~ ~°~ ~ ~c George D. n%'berg, City .'vttorne STr~ i'E OE' CALI;'OF.NIA ) SS COtT'dT C'> S?'7 DIEGO ) ,~ On ~~l/~ %' f y~ r~ before me ~~ Wis..-~ F^ ~',! ~/J~'S a Notary Pubic in .d fo~~said County anq State, personally appeared G -~ ~ ,c-, ~.9~T i known to me to be the persor,~ whose na_,,e~ ~ scri:oad to the within instrument and acknowledged t'rat ~he~ executed the same. k?ITNESS my hand and official Baal. ~r ~ ~ ~.,, Notary Puic ~i ~,~