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HomeMy WebLinkAboutReso 1987-12956 1337 RESOLUTION NO. 12956 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAWRENCE AND JANET GREEN OF 172 INKOPAH STREET 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 LAWRENCE and JANET GREEN for the property located at 172 Inkopah Street dated the 31st day of October , 19 86 , 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 she is hereby authorized and directed to record said agreement in the office of the San Diego County Recorder. Presented by Approved as to form by ~rh~j~i~p~ieeD~rector Of Public ~ ~ ~ ~ ~ ~torney ,. . ' 1338 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th dcly of April 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Hoore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Council members None May~/0ffu,~he City of ~'ula Visto ATTEST /z ~ic' .~..,//~Z~¥~/~ F" ~ ~ f~? City Clerk --~ f~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY that the obove (]nd foregoing is o full, true ond correct copy of RESOLUTION NO. 12956 ,ond that the some hos not been omended or repeoled Ci y Clerk' ~ CIW OF CHU VI A CC-660 d /~' FOR UNCONTROLLED EMBANKNENT I VEF~AL.L','[ E COUN I Y t{ECORDEi{ THZS AGREENENT made and entered ~nto ~hSs 3Zs~ da~ of Octobe~ , 19 86, b~ and between ~he C~y of Chul~ VSs~a, ~na~te~ ~efe~ed ~o as "C~, and Lawrence & Janet Green hereinafterN~EE referred to as "Developer." ' WITNESSETH : WHEREAS developer is the owner of certain real property located within the City of Chula Vista and more ~articularly described as follows: 172 Inkopah Street, Chula Vista, California 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 15.04.335 such fill is designated as an uncontrolled embankment requiring the execution of special maintenance agreement for land development, NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and Lawrence & Janet Green , 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 constructed in accordance ~th Grading_ Permit No. PH-996 and p~lans approved~y ~he-City£ngineer. - 2. Developer hereby acknowledges that as an uncontrolled 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. 3. The land development work shall be done and maintained 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. 1336 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ~ THE CITY OF CHULA VISTA DEVELOPER rice Green dan~t Creen Approv~ as to form by: ,Ji~/~C~Y Attorney STATE OF CALIFORNIA ) ) SS couNTy or SAN OIEGO ) On this 2/~ ~ /pP ~o~A. /¢fi~ before me~ the undersigned, a No~ry Public'in an~ ~r said State. per.rally appeared, A~e~r~_ ~eeg ~/~d~ ~ personally known to me, or (proved to me to be, on basis 6f satisfactory evidence), to be the perso~T whose nam~.~ubscribed to be the within instrument and acknowledged that ~ executed the same. WITNESS my hand and official seal. ~ No~y Public' PW-E-30 Revised 11/85 WPC 1750E