HomeMy WebLinkAboutReso 1980-10321
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Jennie M, Fulasz, City elerl<
p, 0. Box 1087
Ciulla Vista, California 92012
RESOLUTION NO. 10321
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENTS FOR LAND DEVELOPr1ENT FOR
UNCONTROLLED EMBANKMENT BETWEEN THE CITY OF CHULA
VISTA AND CHARLES A. MONSCHEIN; HAROLD D. AND ANN H.
WEST; AND SUE HUDSON, AND AUTHORIZING THE MAYOR TO
EXECUTE THE SM1E
The Ci ty Council of the Ci ty of Chula Vista does heretry
resolve as. follows:
WHEREAS, the owners of certain properties along the
portion of Las Flores Drive north of "D" Street have applied for
an uncontrolled embankment permit to place fill material upon
their property so that they may develop the area for residential
use.
NOW, THEREFORE, BE IT RESOLVED that t:le City Council of
the City of Chula Vista does hereby approve those certain agree-
ments between the City of Chula Vista, a municipal corporation,
and CHARLES A. MONSCHEIN; HAROLD D. and ANN M. WEST; and SUE
HUDSON, for land development for uncontrolled embankment, copies
of which are attached hereto and incorporated herein, the same are
though fully set forth herein.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreements for and on behalf of said City.
BE IT FURTHER RESOLVED that ~he City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record said agreements in the offi~e of the San Diego County
Pecor.del7~
Presented by
Approved as to form by
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
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OFFICIAL EECORDS _
SAN DIEGO COIJ,HTY~ CALle,
VERA L. ...il.t
RECORDER "?>1
NO--.EI
1871
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHlR..A VISTA, CALIFORNIA, this
19~ 0 , by the following vote, t01t:
18th
day of
November
AYES: COlI'lCilmen McCandliss, Scott, Gillow, Hyde, COX
NAYES; Councilmen None
ABSTAIN: Coulcilrnen None
ABSENT; Councilmen None
/5/ Will T. Hyde
Mayor of the City of ChuIa Vista
ATTEST
/s/ Jennie M. Fu1asz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CiTY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMt, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10321
,and that the same has not been amended or repealed.
DATED
November 19, 1980
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t7 City Clerk "
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Ol-mer:
Sue Hudson
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DRAWN BY
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Ol-mer:
Charles
Monschein
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Owner: Harol.d \-lest ..'
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LA 5 r LORE S DRIVE FILL
Charles E. Monschein
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AGREEME~T FOR LAMD DEVELUPMEMT
FOR Ui'iCOiITROLLED Ul'll\li:'~i1ENT
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il n den t ere din tot his. I? r-~a y 0 f
, 1 9 q-d, by a n J b ehl e e nth e C i t j
T HIS ^ G "E Ut UIT In 0 de
of C h u 1 a Vis t d, her e i n J f tel' ref err e d to as" C i t y", and
f~Le.i /:, ~/Voc--f/eJ~ , hereinafter referred to
as "Developer."
WIT N E SSE T H :'
\, II Ui [1\ S cj e vel 0 per i 5 the 0 IHf'=" 0 f c e ,'t a i n rea 1 pro p 2 rt Y
located \vithin the City of Chula Vista and more particularly
described as follows:
Portions of Lots 10, 11 and 12 of El Rancho Villas according to Map thereof
No. 2376 recorded Feb. 7,1947, at the Office of the County Recorder, San
Diego County, State of California.
-.~...~--"
and
WHEREAS developer has allowed to be placed upon said
',-""';l...~;'.'-'
property certain fill material, i .e, dirt, rocks, etc., which
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'. fill m~terial has been so placed in the manner known as loose
fill arid uncompacted, and
:4!-!ERE"5 p!..!rs~,:2.~t to SestiD~ l5 O~. 3~5 :.~~h 4='~ Tl is
.., designated as an uncontrolled embankment requiring the exe-
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"',..,..,....."" ""-
.c'ution ot speciai maintenan~e
ag\-eement for
la~d de\!elGpment~
,/oW THEREFORE IT IS MUTUALLY AGREED by
City of Chula Vista and C~Lk-.s E,
as follows:
and bet\'Ieen the
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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
with Grading Permit No.
80 -186
and plans approved by the
City Engineer.
2, Developer hereby ackno\'iledges that as an unco,ntrolled
embankment said site is not eligil)le for a building permit
ur.1ess special soils analysis and fO\lnd~.tion dRsign c,rp submitt.~d
and developer hereb~ agrees to provide said s6ils analysts
cind foundation design or to reconstruct the embankment and fill
in the manner as approved by the City Engineer.
t Itlj.:2!
3 . The 1 and de vel 0 p me rr t \'10" k S ~ all bed 0 n e and m a i n t a in e d
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in a safe and sanitary manner at the sole cost, risk, and respon-
sibility of the owner and his successors in interest, who shall
h0'd the City harmless with respect thereto.
4, A bond in the total amount of $3100.00 shall be posted with the City
and'maintained on file throughout the life of this agreement.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seals the day and year first above written.
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THE CITY OF CHULA VISTA
w~~
" MAYOP,
DEVELOPER
-.--.-,.",
cft~
indberg,
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS
On
a Notat'y
appeared
(--.c..l2:c2,O
Public in and for
~bCLi~~::
, before me,
said County and State, personally
ll,cn,:st.Ir,E:', r,
, known to me to be the person whose
subscribed to the within instrument and acknowledged
executed the same.
name
that he
WITNESS my hand and official seal.
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PW-E-30 ' ,
Revised 111/77
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Sue Hudson
1 a '/4
AGREEME~T FOR LAND DEVELUPMENT
FOR U1:COiITROLl,ED Ell!3MKiIENT
and en t ere din tot hi", / 6;Z:~
. 1 9 fo . by and be hi f' e nth c
day of
THIS AGREEMENT mJdc
QuLq
v /
o f C h u. 1 I p:; a :;V i s t a, h ,0 rei n/ aft c}' ref err e d
/~<-e p/cc. ~ft'--
City
to as
IICityll) and
, hereinafter referred to
a s II 0 eve lop e r . II
WIT N F SSE T H :
WHEREAS developer is the own-er of certain real property
located within the City of Chula Vista and more particularly
described as follows:
Parcel 2 of Parcel Map No. 7618 recorded July 20, 1978, at the Office of
the County Recorder, San Diego County, State of California.
and
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WHEREAS developer has allowed to be p1acen upon ~aid
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property certain fin mater'ia'l, 1oe" dirt, rods, etc, which
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fill material has been so placed in the manner known as loose
fill and uncompacted, and
hI H r REA S 1'1 [! r S U ['I n t. t 0 S ~ r t i ;1~' 1 5 .. I-I'~ ~ 1 Fi .S 1,1,,,": h of ill ~ ('
. .' designated as an uncontrolled embankment requiring the exe-
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'!i'~_i-O,""
'c'ution of special maintenance
agreement. fl.J~'~ ':::Odd del."2~Qpmeilt~
City
~0W THEREFORE IT IS MUTUALLY AGREED by ,and between
of Chula Vis'ta and _~C7'!&-<' N4,~""'"
the
as follows:
"WK",,','",_.''''
'1. The fill deposited upon that certain property described
hereinabove, owned by d~ve10per, ,hall hereby be designated as
an u n con t r 01 1 e d em b d n k men tan d Slid 71 b e con s t ," u c t e d i l. a c cor d rl, n c e
\1ith Grading Permit No. 80-186
and plans approved by the
Ci ty Engineer.
2. Developer hereby acknowledges that as an uncontrolled
embankment said site is not eligible for d building permit
~~1ess speria? s0il~ analysis and fOllndation design are subm:tted
and developer hereb~ agrees to provide said soils analysis
and foundation design or to reconstruct the embankment and fill
o
in the manner as approved by the City Engineer.
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3. The land development work sh~ll be don~ and maintained
/17::'-
in a safe and sanitary manner at the sole cost, risk, and respon-
sibility of the owner and his successors in interest, who shall
h0ld the City harmless with respect thereto.
4. A bond in the total amount of $3100.00 shall be posted with the
City and maintained on file throughout the life of this agreement.
IN WITNESS WHEREOF. the parties hereunto have set their
hands and seals the day and year first above written.
THE CITY OF CHULA VISTA
..,,-
-C0~~
MAYOR
DEVELOPER
~~ ,;Z!~ ~~
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
On
a Notary
appeared
Ju1v 16, 1980
Pub 1 (c in and for
Sue Hudson
, be fo re me. Judith Ann Lauer
said County and State, personall;
, known to me to be the person whose
name_ ~."---._ subscribed to the within instrument and acknowledged
Ul d t s..)i e _ ex e c U'~ l~ J the S i:UTI2 .
WITNESS my hand and official seal.
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;;. '~\'f~.~f~:;:;.:,7 trl~,r.il'1:d ~)!r!r.~ in ~2n niego County,::
< ..~ ':1i ,,('mn"f.;,I~!I fYfl. ^'Jg', Hi. 1932:~
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No"ary pUblrc=-~LI
aith Ann Lauer
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'PW-E-30
Revised In/77
L O~ z I
Harold D. West
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^GREEHE~T ~nR LAND
FOR U Ii C 0;'1 T R n Ll. E 0
FFCE.!VE!)
, ,I , ('(I: ('1.1,1,", ,\ VISTA
" I! j" )1 _r .
DEVELIJPi1[fIIJ8l.1C \\}Olii:j Ui:PT
UlfJAiI::IIEIIT
19'00 JUL II P~\ \: 39
T!I I S ^ G R E E I,ll II T iil J do and en t ere din tot his,
7th
day of
_J.uly
. 19 Jill., , by and behleen the Ci ty
of C h u 'I a Vis t a. her e i n J f t e,' ref err e d to as" C i t y". and
_.J:!E.r.o_ld--.12. West . here i n a ft e r re fen' e d to
as "Developer."
WIT N E SSE T H :
WHEREAS developer is the' "/i].f- r of certain real property
located within tne City of Chva ~ista and more particularly
described as t~llows:
Portions of lots 5, 6 and 7 of El Rancho Villas Subdivision accoading to Map
thereof No. 2376 recorded Feb. 7, 1947, at the Office of the County Recorder,
San Diego County, State of California.
an d
,....,...-"'.>--,,--....,. ;-.-
~IHEREJ\S develope."" Q j! ,-,v'cd i' be' ri aced upon said
,~::~i:.~,~~~-r?:...n:',.
"'-_Ol...~.,.,
property certain fill material, Le. d'ir,t, rocks, etc., which
. fill material has been so placed in the ~~~ner known as loose
fi 11 and uncompacted, a,.';
1.'~~J:'nrf'C -"'''''':'. ,"
~" r.. .. ~ . .
_~,.~.??C
"'.,;
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,;.,;,
"'.,, designated as..;n uncontrolled embankment requiring the exe-
~'l'_.l~""""""'>:"" _
""~''''''''-~''
'c'ution 'of special maintenance agreement Tv)' 'land deve'iupment,
,lOW THEREFORE IT lS MUTUALLY AGREED by and between the
City of, Chu1a Vista and -Ra:t:.Q1JLD._Re.SL.,.
as follows:
~"w...,.. ~,_. ;("
1. The fill deposited upon that certain property described
hereinabove, owned by developer, shall h~reby be designated as
an uncontrolled embdn~ment and shall be constructed in accordance
with Grading Permit No.
80-/8G
and plans approved by the
Ci ty Engi neer.
2. Developer hereby ackno\'iledges that as an uncontrolled
embankment said site is not eligible for a building permit
unless special snils analysis and foundation design are submitted
and developer hereb~,agrecs to provide said soils analysis
and foundation design or to reconstruct the embankment and fill
in the manner as approved by the City Engineer.
il
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3.
The land developme~t work shall be done and maintained
IY77
in a safe and sanitary manner at the sole cost, risk, and respon-
sibility of the owner and his successors in interest, who shall
hold th~ City hal'mless with respect thereto.
4. A bond in the total amount of $3100.00 shall be posted with the City
and maintained on file throughout the life of this agreement.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seals the day and year first above written.
THE CITY OF CHULA VISTA
- W~~(,'_ {}~
~~^V(l!) ~
DEVELOPER
-/~RVdd
a-ic.--1t.,~ /!1'- -d~;,;,~-
STATE OF CALIFORNIA)
) S5
COIINTY OF SAN nT FGO )
On Ju /'1 7- /'lJJd , before me, J(I (qu.cc/"'p /J f)..,j''''')"5
a Notary Publ i c in and, for sai"q County a~d State, personally
appeared I-!o('of./ 0 11),:'",-/ '" H,11'IC- /YI. {jJe<::, f '
, known to me to be the person_ whose
name$ subscribed to the within instrument and acknowledged
l;i1uC--t_;le~ 2:{ccutr.d the samf~:.
WITNESS my hand and official seal.
iij=~~ .. ~7 00
I -. . PRINCIPAl. OFFI<:E.IN i dtu..Clel.d:lL,t ~i-u<<.)
II ' . SANDIEGOCQUNTY i~1 j Nota y Po1blic
I My Commission expire. Nov. 29. 1983 f V
. 'I_W.~I""1IIIUIIII8WI
'. PW-E-30
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