HomeMy WebLinkAboutReso 1989-13998RDED RE, QUF,3~ OF FIRS[/~ER IC, AN Ilil,E ~O,
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R~SOLUTION NO. 13998 8 H R27 PH12:26
RESOLUTION OF THE CITY COUNCIL OF THE CIT~'~ "CM~L~
VIST~ ~PPROVING AGREEMENT BETWEEN THE CITY OF CHUL~
VIST~ ~ND ~NCHO DEB REY P~RTNERSHIP TO ~INT~IN ~
SILT~TION B~SIN WESTERLY O~ ~NCHO DEL REY PH~S~ 2
SUBDIVISION
AND ~UTHORIZING THE M~YOR TO EXECUTE S~ID ~GREMMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and RANCHO DEL REY
PARTNERSHIP to maintain a siltation basin westerly of Rancho del
Rey Phase 2 Subdivision
dated the 14th day of March , 1989, 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 the City of Chula
Vista.
Presented by Approved as to form by
i Works Attorney
0374a
0596
_ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHb._,~ VISTA, CALIFORNIA, this 14th d(~/Of March ....
19 69 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Moore
NAYES: Counci 1 members Malcolm
ABSTAIN: Councilmembers None
ABSENT: Councilmembers cox
e City of C~ula Vista
STA OF CALIFOI~NIA )
;OUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13998 ,ond that the same hos not been oreended or repealed
'ATED March 23, 1989
,/ City Clerk
C-660
AGREEMENT TO MAINTAIN
RICE CANYON DESILTING BASIN
The CITY OF CHULA VISTA, a municipal corporation ("City") and
RANCHO DEL REY PARTNERSHIP, a California general partnership
("Partnership") agree to the following:
RECITALS:
A. The grading operation on Partnership property produces
silt which is eventually deposited in the desilting basin located
westerly of Partnership property.
B. Condition 34 of Chula Vista City Council Resolution
No. 13442 requires Partnership to guarantee maintenance of the
siltation basin westerly of Partnership property until such time
as all grading has been completed and the City accepts the
responsibility for said basin.
C. Siltation basin is more specifically located at the
downstream end of Rice Canyon and immediately north of and
adjacent to East "H" Street. The siltation basin includes
roughly 6.14 acres.
D. A portion of siltation basin is presently located offsite
from Partnership property, the area of which is approximately equal
to 2.69 acres. Said portion is located on City owned land.
NOW, THEREFORE, THE PARTIES AGREE:
1. Partnership agrees to maintain siltation basin until
grading operations within SPA I have been completed and all slopes
within SPA I have been planted and maintained for a period of not
less than one year. Maintenance of siltation basin includes removal
of vegetation, debris, silt and the cleaning and repair of
drainage structures and appurtenances.
2. City agrees that Condition 34 of Resolution No. 13442 has
been satisfied by this Agreement.
THE CITY OF CHULA VISTA,
a muni~al cor~ra~~n
Approved as to form and legality
on i{2 day f 19s9.
' -,~ ~ 7
ThO~'as J. Harron, City ~torney
O598
RANCHO DEL REY PARTNERSHIP
a California general partnership
By: McMILLIN COMMUNITIES, INC.
a California corporation
formerly known as McMillin
Financial, Inc., a
General Partner
By ~ ~~
By: HOME CAPITAL CORPORATION
a California corporation
General Partner
By ~~~
) SS,
COUNTY OF SAN DIEGO )
( On this 24th d.ay of February
Benefxeld , 19 89 before
me, Joyce A. , a Nota_ry Public in and for
said state, personally appeared Virgil E. Elliott
personally known to me (el~_~w~a *^ -- on +k_ k~,a, ^~ · '
"~""~'~' evidence) to be the Senior Vice
....... - ~ x Pres ident,
and Kenneth Baumgartner
...... ~ .... , personally known to me eer
Vice President ~ of McM~tt/N C0MMUN~T~TES, INC. ~e
coloration ~at executed ~e within instment, ~o~ to me to
be ~e persons who executed ~e within instment on behalf of
~e said co~oration, said co~oration being ho~ to me to be
one of ~e general pa~ners of RANCH0 'DE[ REY PARTNERSH2P '
~e general partnership that executed ~e wi~in instment, and
achowledged to me ~at such co~oration executed the same as
such panner and that such pannership executed the same.
WI~SS my hand and official seal.
:
CAT. NO.
TO 1954 CA (9--84)
(Corpo.tion as a P~rm~r of~ Pa~nership) ~ TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF ,~//~//)/~[2
~ personally known [o me or proved ro me on ~h~ b~sis of safishc~ory evidence m be ~he erson who
' ~ the within instrument as the ~9~12/~/JDV[' 2 P~ ~r- .~t, and ~ ~7/) 7~- & '~/~/N
= ~ ~ personally known to m~' or proved to me on the basis of satis~ctory e;idence
~ to be the person w execut d t e ~thin instru ¢nt as the '~d~.~Li t'~'/ ~q of
the corporatig~ that ex cute the .wit~ instrument on
behalf of /c~13~ ~Z2 ~6'/ /t ' 7 ~ /
corporation executed the same as such partner and that ~TARV ~USLIC CALIF~NIA
such pa~nership executed the same. M g~C~l 0~ m San Oi~O C~
WITNESS my hand and officml seal ~ E im.
~_/~qq ~ Signature : ,, , ,- d ~[7g, g ]'[ ~ ' (This area for officiM no~il ~)