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HomeMy WebLinkAboutReso 1987-12957 ~ COUN 1 Y ~. ~SOLUTION NO. 129S7 ~ ~[coRD[' ~SOLUTION OF THE CITY CO~CIL OF THE CITY OF CHULA VISTA ~PROVING ~ ~CONTROLLED EMB~K~NT AG~E~NT BET~EN THE CITY OF CHULA VISTA ~D J~ES AND GAIL LEGHORN OF 180 INKOPAH STREET ~D AUTHORIZING THE ~YOR TO EXECUTE THE SA~ ~ 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 JAMES and GAIL LEGHORN for the property located at 180 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 J~n P. Li~i~t~ Director 6f Public ~ City Attorney W(~rks/City Engineer 2095 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day of. April 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Council members None ABSENT: Council members None Mayor City of Chula Vista /:~' City Clerk /- ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, 00 HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12957 ,and that the same has not been amendedor repealed. DATE D ;'  ,~/ City Clerk CIlY OF CHULA VISTA CC-660 ' ,' Please Return 2096 P. O. ]?,ox 1087 - Chula Vista, california 92012 ~ AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED EMBANKMENT THIS AGREEMENT made and entered into this 31stday of October ~9 86, by and between the City of Chula Vista, h~inafter' referred to aJ City~, and . James & Gail Leqhorn , hereinafter referred to as 'Developer." WITNESSETH : WHEREAS developer is the owner of certain real property located within the City of Chula Vista and more particularly described as follows: 180 Inkopah Street, Chula Vista 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 James and Gail Leqhorn , as follows: 1. The fill deposited upon that certain property described hereinabove, owned by developer, shall hereby be designated as an uncontrolled ~emba m __ _ _ No. '~ and shall be constructed in accordance w~th Grading Permit - and plans approved by the City Engineer. 2. Developer hereby acknowledges that as an uncontrolled ~mbankment 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 h01d 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 CITY OF CHULA VISTA ~,/ ~4AYOR ' DEVELOPER dames Legh~n Gail Leghorn/ Approve/,~.~s to form by: STATE OF CALIFORNIA ) _ ) ss COUNTY OF SAN DIEGO ) On this 3F/~~w-- .~.~.Z~. z/~/~ before me, the undersigned, a Notary Public in and for said bta~e, personally appeared, .~iF~/~- +- ~,~/L Z~-~y~/ personally known to me, or (proved to me to be, on basis of satisfactory evidence), to be the person ~' whose name~ subscribed to be the within instrument and acknowledged that 7-y//m~ executed the same. · WITNESS my hand and official seal. ry Public PW-E-30 Revised 11/85 WPC 1749E ! OFFiCiAL S~AL /~d~ BONNIE M. NAGORSKI ' San Otego County ~ xF-~ My Comm Exp Sep! 27 1988~ -