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HomeMy WebLinkAboutReso 1977-8835RESOLUTION NO. 8835 RESOLUTION OF THE CITY COUI~?CTL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HELIX LAND COMPANY AND HELIX 1960-INC, AND AUTHORI~TNG THE MAYOR TO EXECUTE THE SAME The City Council of the City of Chula Vista does hereby resolve as follows: Thai that certain agreement between the City of Chula Vista, a municipal corporation, and Helix Land Company and Helix 1960-Inc. for the property .iccated in the 1400 block of East "H" Street dated the 4th day of October 197 ~ a ropy of which ~s attached hereto and incorporated herein, the same ~ t.hough fully set forth herein be, and the same is hereby approved BE IT FURTHER RESOLVED that the Mayor ,~f the City of Chula Vista be, arld he is hereby authorized and directed to execute said agreement for anal on behalf of said. City. BE I'I° FURTHER RESOLVED that the City Clerk of the City of ~ Chula Vista be, azxd she is hereby authorized and dire~,ted to record said agreement a~n tt°ae cf.fice of the San Diego County Recorder. Presented by ` r ~,r ~ i -~ W, J. Robens, Director of Public Works Approved as tv form by George . Lindberg, Gzty Att.o y ADOPTED AND APPROVED by the CITY CO~JNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of October , 197, by the. following Vote, to-wit: AYES : Councilmen I~obe1 , Cox ~ Hyde , Scott NAPES: Councilmen. None ABSENT: Councilmen Egdahl ATTEST ~~~ l Mayor of the City of ula Vista // City Clerk ~ '--- x STATE OF CALIFORNIA y (/ COUNTY ~'F SAN DIEGO ~ ss CITY OF CHULA VISTA Z, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above ~s a full, true and correct Dopy of Resolution No. and that the flame has not been amended. or repealed. DATED City Clerk Please Return -r e: Jct~~~is '1 T. T~uL~ti~r, C'~r~~ CE:°rk I'. (}. [dux Iti~;~ Chula .ViSia, (..+iiiur.,~ia 9?~J12 fifi4 i RESOLUTION NO. 8835 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETPdEEN THE CITY OF CHULA VISTA AND HELIX LAND COMPANY AND HELIX 1960-INC. AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME The City Council of the City of Chula Vista does hereby resolve as fcilows: Thar that certain agreement between the C..ty of Chula Vista, a munic~pai ~_orporation, and Helix Land Company and Helix 1960-Inc. for the praperty i;cated in the 1400 block of East "H" Street dated the 4th day of October 1977 ~ a :cpy of which is attached here=to and incorporated herein, the game ~ Though fully set fortPi herein be, and the same is hereby approved, BE IT FURTHER RESOLVED r_hat the Mayor ~f the City of Chula Vista be, and he is hereby authorized and dirFcted to execute said agreemen* for and on behsif ~of said City, BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, ar~d she is hereby authorized ar~d direvr_ed to record said agreemen* ~n the cff i:;~ ~~f the Sari Diego Cour,.ty R,=corder. Presented by /s/ dti~. 3. :~obens W. J. Robens, Director of Public Works Approv~ct as r~ form. by George D ndberg, City Attorne ~~ _. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this q,t;~ day of ~}ctober 19? 7, by the following vote; to -wi.t: AYES: Councilmen F-`:o`uel, COx, Hyde, SCOtt NAYES : Councilmen !None ABSENT: Coun;:i.lmen E~dah1 ,,. s ~ri11 T. I-iyde Mayor of the City of Chula Vista ATTEST /S/ Jennie A'~. FulaSz City Clerk ~~~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO i ss, CITY OF CHULA VISTA 3 I ~_ Jennie ;R. Fula,~z City Clerk Chula Vista, California DO HEREBY CERTIFY that the , and correct copy of Resolution No. 8835 , and that been amended or xepealed. DATED c g~ Q ,.~`, ~ C i t ~, ~ ,> of the City of above is a full, true the same has not ~~'° ~ . Clerk ,~ F 6`~ AGREEMENT FOR LAND DEVELOPP^ENT FOR UNCOidTROLLED EMBANKP1ENT THIS AGREEPf~ENT made and entered i nto thi s. fouz'th day of October 1977 by and between the City of Chula Vista, hereinafter referred to as "City", and xelix j Land Co. and Helix 1960-Inc. 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: the north side of East "H" Street (1400 Block) known as Assessor's Parcel No. 642-020-21 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, ~~OW THEREFORE IT IS MUTUALLY AGREED by and between the City of Chula Vista and said developer 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. 77-22G 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 embankment and fill in the manner as approved by the City Engineer. ~~g 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 October 1, 1979 should the property not be developed by that time. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. THE CITY OF CHULA VISTA ~~ ~L~.~ MAYOR DEVELOPER G~ l 42d G - t ~/ /~VEc , t Theodore S. Lambron, President ., - Ap roved as~o~f 'nm b~~: y ~ George-`D Lindberg , City Att .r~iey STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) On October 3, 1977 before me, the undersigned a Notary Public in and for said County and State, personally a p p e a r e d Theodore S. Lambron known to me to be the person_ whose name_ subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. •• OFFICIAL SEAL JEANNE A. IVERSEN " -' ~`~ r" NOTARY PUBLIC CALIFORNIA _ `- y '- r _ \ ~ n PRINCIPAL OFFICE IN ' ~~_s_-^"" SAN DIEGO COUNTY My Commission Expires Dec. 3, 1979 nnw~~~~~w~~~~m~~uw~n~~~~~~~ nw~uu ~~„uw~~~~o~~~~~u..,~~„~~~~~~~~~~~~w~~~~~uw~~~nuuuwi anne A. Iversen Notary. Public ~. ._ DRAWN BY L. M. G. DATE 9-28-77 - --~ i I --J /OO' V7 ;LI m ~~ c O O r r O ~ ' / i~ a ~ ~ 2 i ~ ~~ ti I~~ a r ~~o L.. ~~5 ~P P~ O~ T I T L E UNCONTROLLED EMBANKMENT 1400 BLK. E. ~~ H ° ST.