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HomeMy WebLinkAboutReso 2006-046 RESOLUTION NO. 2006-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT (TEMPORARY DIRT STOCKPILE) AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY RANCH COMPANY, AND MCMILLIN LAND DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Otay Ranch Company (Developer) is the owner of certain real property located within the City of Chula Vista, County of San Diego, State of California, and more particularly described Exhibit "A" of the Uncontrolled Embankment Agreement on file with the City Clerk; and WHEREAS, Developer has agreed to allow certain fill material to be placed on said property in the manner known as loose fill and uncompacted; and WHEREAS, McMillin Land Development (Applicant), has guaranteed, and will be responsible for the placement of the fill material; and WHEREAS, pursuant to Section 15.04.285 of the Chula Vista Municipal Code, such fill is designated as an uncontrolled embankment requiring the execution of a special maintenance agreement for land development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Uncontrolled Embankment (temporary dirt stockpile) Agreement between McMillin Land Development, the Otay Ranch Company, and the City of Chula Vista, for placement of soil from Town Center Drive to a location within Otay Ranch Company's property as shown in the Uncontrolled Embankment Agreement, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for, and on behalf of, the City of Chula Vista. Presented by Approved as to form by '~ci9~Ctu/L 'frO'- Sohaib AI-Agha City Engineer ~~'\\~'C~\ Ann Moore ' City Attorney Resolution 2006-046 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None d!;J9~ , Stephen C. Padilla, Mayor ATTEST: -~, ;:::::s. " I ~ 1 J ;: I ~ J--.iJ) .-J Susan Bigelow, MMC, City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2006-046 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of February 2006. Executed this 14th day of February 2006. -:~..J.J.1J. J.:3.'~~ Susan Bigelow, MMC, City Cler , L.