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Home My WebLink AboutReso 1977-8873RESOLUTION N0. 8873 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT S. ELDRED FOR PROPERTY AT THE NORTHWEST CORNER OF TOBIAS DRIVE AND QUINTARD STREET - ASSESSOR'S PARCEL NO, 619-341-6 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 Robert S. Eldred for the property Located at the northwest corner of Tobias Drive and Quintard Street (Assessor's Parcel No. 619-341-6) dated the 26th day of October , 19°~~ ~ a copy of which Ys attached hereto and .incorporated herein, the same ~s t.hough 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 F'UR.°IHER RESOLVED .hat the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said agreement ~n the office of the San. Diego County Recorder. Presented by Approved as to m y ± 3 i Y W. J. Robens, Director of Public George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CP,LIFORNIA, this lst day of I~lovember , 1977, by the following votes to-wit: AYES : Councilmen E~dahl . Nobel , Cox^, Hld~r ~~ott NAPES: Councilmen none ABSENT: Councilmen done ATTE City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CH~.TLA VISTA ~ l t Mayor o the City o Chula Vista ~, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk a F1~,se Return To: %~ 0 _ _' r '`. _: __Ciw -Clerk p. O, iiox li;;;7 Chula- Visra, California 92012 RESOLUTION NO. 8873 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPRGVING AN UNCONTROLLED EMBAiQR.MEiQT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT S. ELDRED FOR PROPERTY AT THE NORTHWEST CORNER OF TOBIAS DRIVE AND QUINTARD STREET - ASSESSOR`S PARCEL N0. 619-341-6 AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ff ' 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 Robert S. Eldred for the property located at the northwest corner of Tobias Drive and Quintard Street (Assessor's Parcel No. 619-341-6) dated the 26th day of October 1977 , a :cpy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BL IT FURTHER RESOLVED that the Mayar 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 di.rect.ed to record said agreement in the office of the San Diego County Recorder. Presented by Approved as to m y i ~ iA. J. Robens, Director of Public. George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA ~ 4Tp r~AT,'rF0 1T tl-,i ° l ~ nF , ~~ ,.... JI._ _j RT4._A, 1 ~ a~ - i'a ;;VCLluei' r ~9 r ~ , cuy tii following vote; to-wit: AYES: Councilmen Egdahl, Hobel. Cox,~,~de, Scott NAYES: Councilmen idane ABSENT: Councilmen Ncne /s/ Will T. Hyde I~.ayor of the City of Chula Vista ATTEST /s/ Jennie l-4. Fulasz City Cleric ~'~ STATE OF CALIFQRN.T_A ) COUNTY .OF; -SAN DIEGO ) ss, CITY OF CH~~LA VISTA 1 I, Jd~i~ae t~•l. Fulasz City Clerk of the City of ChuL'a Vista, Calf'pznia DO HEREBY CERTIFY that the above is a full, true and correct copy:,of" Resolution No, gg'73 and that the same has not been'amended or,x.epealed. DATED r `~/ City Clerk AGREEMENT FOR LAND DEVELOP61ENT FOR UNCO~dTROLLED EMBANKP4ENT THIS AGREEPENT made and entered into this. 26th day of October 1977 by and between the City of Chula Vista, hereinafter referred to as "City", and Robert S. Eldred hereinafter referred to as "Developer." W I T N E S S E T H WHEREAS developer is the owner of certain real property located within the City of Chula Vista and more particularly described as follows: That property located at the northwest corner of Tobias Drive and Quintard Street, known as Assessor's Parcel No. 619-341-6, 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 exe- cution of special maintenance agreement for land development, ~JOW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and Robert S. Eldred , 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 with Grading Permit No. 77-25-G and plans approved- by the City Engineer. '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 er~~bankment 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 respon- sibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. 4, The developer agrees to remove the uncontrolled embankment from the site by June 1, 1978 should the property not be developed by that time. 5. The developer shall take appropriate measures as required by the City Engineer to protect downstream property from deposition of silt resulting from the uncontrolled embankment. 6. If, in the opinion of the City Engineer, the embankment appears to be a public nuisance, the City will require the area to be fenced or the embankment removed. IN WITNESS WHEREOF, the parties hereunto have° se~j hreir , ~ .~!'iS ~1'.~~ ~ ~ ~ , hands and seals the day and year first above wr~tir~en '' ~;~ `, 1 ~' ~ THE CITY OF CHCILA~ V°~S1Y~ ;r- .~ , , MAYOR °- DEVELOPER C~~,..~~--~ ~ i~~. ~~ App v d as to f rm y' George D. indberg, City Attorne STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) On c° t o.~'G~Y ~ ~~~ ~y77 before me, /~ v~% f ~ ~s l~-~ a Notary Public in and for said County and St•~;te, pers Wally appeared ~'o n u ~ ~ M 'T~r u.Ss e // , ~/ ~ erg 7`' known to me to be t e person whose name_ ~ subscribed to the within instrument and acknowledged that e executed the same. WITNESS my hand and official seal. to Public OFFICIAL SEAL. 'E'er s, BETTY J. RUSK ~P. m • ~ NOTARY PUBLIC-CALIFORNIA SAN CFIECO COUNTY P W _ F - ~ n `^~~ MyCommissionExpires Mar. 6, 1978 r _ _. ~~ '~'7-~46+~4~~ aoorc ~3~ RECOROEO REQUEST of ~u~A y~srtlcmr c~E~~ NUY I O ~ 1? ~N' ~ ~ CFFiCiA! RECORDS SAKc~?EGO CQUN7Y, CALIF; N#,RLEY f. BIOfrH kECORDEF SCALE S/TE ~ ~~ FEET "= zoo' ~ N CT, Pv~ Mpv ~~/ ,~ ~ ~ .~NGE CT O \ ~\ ~~ - ~ ~ U,~ ~ NQ. \ CG ~ , ~ \ ~N ~ ~ ~ '~,'= ~ ~~'~° ~ , , \ ~\ cL ~~~E~ S ~ ~ ~N~ PRA ~ ~ a~ ~ ~ ~ ~ ~~ ~,, \ DRAWN 8Y G=V -------- GATE /O^15-77 __~®e T I T L E UNCONTROLLED ~"~?8~~:!Kl.-~IE./!l T "SHEPHEROV/L L E ~~ VlC/llli'TY MAP SCALES /'~= BOOS __.. Al*+=~ a s