HomeMy WebLinkAboutReso 1988-13630 560
~ND MAIL TO:.
RESOLUTION NO 13630
Jill-S 2:33
TA APPROVING UNCONTROLLED EMBANKMENTt 1 AGREEMENT FOR
FILL AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF
EAST "H" STREET AND PASEO RANCHERO BETWEEN THE CITY OF
CHULA VISTA AND RANCHO DEL REY PARTNERSHIP, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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 Uncontrolled Embankment
Agreement between THE CITY OF CHULA VISTA, a municipal
corporation, and RANCHO DEL REY PARTNERSHIP for fill at the
southwest quadrant of the intersection of East "H" Street and
Paseo Ranchero, dated the 21st day of June , 1988 , 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 agreemeRt for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record this resolution and agreement in the office of the San
Diego County Recorder.
Presented by Approved as to form by
~Works City Attorney
4290a
561
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 21st d~ Of June
19 ss , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Malcolm, Cox, Moore
NAYES: Counci] members None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
%f ffie~~ity+Chula Vista
ATTESTS- 'C%%y Cler?/~~
S1 M ,'E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio,
DO HEREBY CERTIFY thot the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTZON N0. 13630 ,and thor the some hos not been omendedor repeoled.
Cl'ff OF
CHULA VISTA
cc-s6o
AGREEMENT FOR LAND DEVELOPMENT
FOR UNCONTROLLED EMBANKMENT
to as "City" and Rancho del Rey Partnership, hereinafter referred
to as "Developer".
WITNESSETH:
WHEREAS Developer is the owner of certain real property located
within the City of Chula Vista and more particularly described as
follows:
Portion of Quarter Section 43 of Rancho de la Nacion, south of
East "H" Street and west of Paseo Ranchero,
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 and uncompacted, and
WHEREAS pursuant to Section 15.04.285, such fill is designated
as an uncontrolled embankment requiring the execution of a special
maintenance agreement for land development,
NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of
Chula Vista and Rancho del Rey Partnership, as follows:
1. The fill deposited upon that certain property described
hereinabove, owned by Developer, shall hereby be designated as an un-
controlled embankment and shall be constructed in accordance with
Grading Permit No. PH008 and plans approved by the City Engineer.
2. Developer hereby acknowledges that as an uncontrolled em-
~Dankment, said site is not eligible for a building permit unless
special soils analysis and foundation design are submitted and Devel-
oper hereby agrees to provide said soils analysis and foundation de-
sign or to reconstruct the embankment and fill in the manner as ap-
proved 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 responsibility
of the owner and his successors in interest, who shall hold the City
harmless with respect thereto.
Page 1 of 2
- ,. 563
IN WITNESS WHEREOF, the parties hereunto have set their hands and
seals the day and year first above written.
THE CITY OF CHULA VISTA
yor
Developer:
By: HOME CAPITAL CORPORATION RANCH0 DEL REY PARTNERSHIP
a Californ~.Co~tion a California General Partnership
By: ~~ By: McMillin Communities, Inc.
T e. ~le: 'ce '
' Titl t~E
Approved as to form by:
Page 2 of 2
564
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
on this ~- day of19//, before me, the under-
signed, a'~ary Publ'~~nand o~'~,id county and state, per-
sonally appeared
personally known to me or prov~d~ the bacis of catisfact-
ory cvidcn c) to be th~erson who executed the within instrument
e p son who executed the within instrument as the~~
~_2~ Secretary of HcHILLIN COHHUNITIES, INC.
the corporation that executed the within instrument on behalf
o£ Rancho del Rey Partnership
th~ partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same
as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
NO A~ PUBLIC C tl O A
S'AN DIEGO COHNTY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
TO 1954 CA (9--84)
(Corporation as z Parmet of ~ hnnc~hip) bd Ct
fJ~J TICOR TITLe INSURANCe
STXTEOFCALIFOPu\vL~ SAN DIEG0 }
COUNTY OF --
On. JUNE ]0, ]988 before me, the undcrs]gn~.d, a Notify Public in ~nd for
s33d Suit, pcrsona]ly appeared STEVEN R. PENN
pcrson33]y known zo mc or proved ~o me on dlc bas~ of satisfactory evidence to bc thc~crson who executed
BRYAN
~hc~dthin[nstrumcnrasthc VICE Pros]dens, and JOHN D. ' '
pcmon~/ly known [o mc or proved ~o mc on thc bas~ of satisfactory cv~dcnce
r. he corpondo c d
PARTNERSHIP the p~rmcrship that executed ....... * ' ' ' *
{f"~,, ,. · OF~I(.~AL SEAL
thc wkhin instrument, ~nd acknowlcdgcd to mc that such "~ ?'~'~!:"!~ LYNN M SIKORA
W ",SS my hand and official seal.