HomeMy WebLinkAboutReso 1975-7783RESOLUTION NO, 7783
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING ACQUISITION OF RIGHT OF WAY FROM
DR, RALPH R. GIDDINGS AND MRS. MARIE L. GIDDINGS FOR
THE BRISBANE REALIGNMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
r;reviously determined that it is in the public interest to realign
Brisbane Avenue between Fourth Avenue and North Glover, and
WHEREAS, the City Council has directed staff to proceed
with acquisition of the property necessary to effect said realign-
ment, and
WHEREAS, following a complaint in eminent domain, Dr. Ralph
R. and Mrs. Marie L. Giddings, as trustees of the property which is
held in trust, have agreed to a Stipulated Judgment in lieu of a trial
on the merits, and
WHEREAS, the sum determined between the parties to consti-
tute just compensation for any and all. claims has been determined to
be $30,500.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that the Mayor of the City of Chula Vista be,
and he is hereby authorized to sign on behalf of the City of Chula
Vista that document attached hereto as Exhibit "A" entitled "Stipu-
lated Judgment in Condemnation".
BE IT FURTHER RESOLVED that the
hereby authorized and directed to prepare
Dr. Ralph R. and Mrs. Marie L. Giddings in
by the City Attorney's office from Account
amount of $30,500 upon receipt by the City
Stipulated Judgment in Condemnation.
Presented and Approved as to Form by
ri ~"' 1
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George D., Lindberg, City Attorney -
Director of Finance is
a warrant payable to
a fashion prescribed
No. 28-6200-194 in the
Attorney of a signed
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of June ~
19"7 5, by the following vote, to-wit:
AYES: Ccun.eilmen Hobel, Hamilton, Hyde, Scott
NAYES: Coun.ciZmen
ABSENT: Councilmen
~~'.
Mayor of the
J.
ATTEST_~ 27 .,'i
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~ Ci~y Clerk
r
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
y of Chula Vesta
I, ~IENNIE M. FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of and
that the same has not been amended or repealed.
DA2'ED
r SEAL, i
CC-660
None
City CZer
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GEORGE D. LIN DBERG
CITY ATTORNEY
CITY OF CHULA VISTA
2]6 FOURTH AVENUC
CHULA VISTA. CALIFORNIA 82010
42]-3300
Attorney for Plaintiff
53YAGE ^ELUIt' VOR FILING 5'fAMI. OY LY)
~(H1BIT
A
______
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CHULA VISTA, a ) NO. 364381
municipal corporation, )
vs.
RALPH R. GIDDINGS, MARIE L.
GIDDINGS, COUNTY OF SAN DIEGO,
a political subdivision,
TROUSDALE CONSTRUCTION COMPANY,
a corporation; HOb1E FEDERAL.
SAVINGS AND LOAN ASSOCIATION,
a corporation, CALIFORNIA-
AMERICAN WATER COMPANY, a
corporation, DOES I through
X, inclusive.
Defendants.
STIPULATED JUDGMENT
IN CONDEMNATION
AND ORDER THEREON
Plaintiff in the above-entitled action, CITY OF CHULA
VISTA, hereinbelow "CITY", and defendants, RALPH R. GIDDINGS, artd
MARIE L. GIDDINGS, as Trustees under a Declaration of Trust dated
May 26, 1971, recorded December 14, 1971, Recorder's File No.
290977 of Official Records, have stipulated to the matters set
forth below, in lieu of proceeding with a trial on the merits
of the action. Defendant, COUNTY OF SAN DIEGO, has been dismissed
pursuant to a Dismissal entered i-:arch 31, 1975. Defendants,
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TROUSDALE CONSTRUCTION COMPANY, a corporation, I~OME FEDERAL
SAVINGS AND LOAN ASSOCIATION, a corporation, and CALIFORNIA-
AMERICAN WATER COMPANY, a corporation, have filed Disclaimers
of any interest in the property which is the subject of this
action. Said Disclaimers and Dismissal are on file with the
Court. Defendants, RALPH R, and DSARIE L. GIDDINGS, as Trustees,
therefore agree and stipulate as follows:
1. Defendants, RALPH R. and MARIE L. GIDDINGS, admit
the allegations set forth in plaintiff's complaint in Paragraphs
I through VII.
2. Defendants, RALPH R. and MARIE L. GIDDINGS, as
Trustees, further stipulate with plaintiff that the amount of
'I just compensation has been fixed at THIRTY THOUSAND, FIVE HUNDRED
DOLLARS ($30,500.00) and that said amount is in full payment
!i for the interest in the land so taken, together with all improve-
ments, if any, on the land and for all damage of every kind and
nature defendants have suffered because of the taking of the
property set forth in Paragraph IV of plaintiff's complaint.
Defendants further stipulate that they are not entitled to any
interest on said judgment.
3. Plaintiff and Defendants further stipulate that
each party waives its right to appeal of this action following
entry of this judgment.
4. Defendants and Plaintiff further stipulate that
there are no taxes due and owing to the County of San Diego,
as evidenced by a letter from James E. Jones, Tax Collector,
dated May 19, 1975, attached ha_reto as Exhibit "A".
5. The parties further stipulate that each party
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shall bear their own costs, including, but not limited to, filing
fees, attorney's fees, expert witnesses and appraisal fees
incidental to this action.
6. Defendants further stipulate that plaintiff may
take possession upon entry of the Final Order of Condemnation.
DATED:
GEORGE D. LINDBERG
City Attorney
By
CRAIG K. BEAM
Assistant City Attorney
JAMES M. EDMUNDS
Attorney for Defendants GIDDINGS
CITY OF CHULA VISTA
By
THOMAS D. HAMILTON, Jr.
Mayor
RALPH R. GIDDINGS, as Trustee
MARIE L. GIDDINGS, as Trustee
On the stipulations set forth above, and good cause
appearing therefor:
IT IS ORDERED that judgment be entered in accordance
with said stipulation.
DATED:
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~~~iCE ®~ ~~~C C®LL..~~°~'®R
ROOM 162 • COUNTY ADMINISTRATION CENTER
1600 PACIFIC HIGHWAY, SAN DIEGO, CA 92101 • (714( 236-3175
May 14, 1975
The City Attorney
City of Chula Vista
276 Fourth Ave.
Chula Vista, Calif. 92010
ATTN: Craig Beam. Aeaistant City Attorney
REF: Citq of Chula Vista v. Ralph R. Giddings, et al.
Superior Court Case No. 364381
Dear Mr. Beam:
In reference to the above, the County of San Diego has
no interest regarding taxes, provided the final order
of condemnation has recorded by June^_ 30, 1975.
If we can be of further service, please .call upon us.
Very truly yours,
JAMES E. JONES
TAR COLLECTOR
By~,~,o7T-~-~~6~ ~~
Steven C. Smith, Deputy
JAM £S E. JONES
County Tax Collector
CARL L. BAITER
Chief Deputy
MILDRED SMITH
Chief
Delinquent Texea
EXHIBIT
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GEORGE D. LIN DBERG
~J,. , CITY ATTORNCY
U~ CITY OF CHULA VISTA
478 FO URTN Av[N U6
' CNULA VISTA. CALIFORNIA D2010
427.3300
Attorney for Plaintiff
656
ISPACE tIF.LU\V FOIL YILINO STAMP ONLY)
FILL/PAR6~oK,'~-158429
REOORDED REOUEBT OF
PLAINTIFF uu q
47 ~n, l ~ ~ RD6ert D. Z mrrNL Cklt 'U
~N ~3 9 JUN 2 0 1975
- OFFICIAL k[C!)RDS
SAN NARLLYOf.5LOONALIF. by
~rT~i
RECORDER
NO FEE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CHULA VISTA, a ) NO. 364381
', municipal-corporation, )
Plaintiff, )
vs.
RALPH R. GIDDINGS, MARIE L.
GIDDINGS, COUNTY OF SAN DIEGO,
a political subdivision,
TROIISDALE CO?QS?'RUCTION COMPANY,
a corporation; HOME FEDERAL
SAVINGS AND LOAN ASSOCIATION,
a corporation, CALIFORNIA-
AMERICAN WATER COMPANY, a
corporation, llOES I through
X, inclusive,
Defendants.
FINAL ORDER OF
CONDEMNATION
(CCP §1253)
Judgment in condemnation having been entered in the
above-entitled action on JUN 2 01975 , 1975, in the
office of the County Clerk of the County of San Diego, State of
~ California, and it appearing to the court's satisfaction that
i the above-named plaintiff, under that judgment, has paid to the
defendants, RALPH R. GZllDINGS and MARIE L. GIDDINGS, just com-
pensation in the sum of $30,500.00 to be disbursed in accordance
with the stipulated judgment in eminent domain on file in this
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657
action:
IT IS ORDERED AND ADJUDGED:
The fee simple title to the parcels of property,
situated in the County of San Diego, State of California, more
particularly described as follows:
All of Lots 5 and 6 of Block 1, Sweetwater
Valley industrial Park per Map thereof No. 4670
filed in the Office of the County Recorder
San Diego County, State of California, on
November 25, 1960 and also that portion of
Lot 7 of said Block 1 described as follows:
Beginning at the Northeast Corner of said
Lot 7; thence along the northerly lot line
South 70°50'22" West, a distance of 22.00 Feet
to the beginning of a tangent curve, concave
southwesterly, having a radius of 22.00 Feet;
thence southerly along the arc of said curve,
through a central angle of 90°, a distance of
34.56 Feet; thence along the easterly lot
line North 19°09'38" T9est a distance of
22.00 Feet to the Point of Beginning,
is hereby condemned to and taken for the public use stated in
the complaint in this action.
On filing a certified copy of this Final Order of
Condemnation with the County Recorder of the County of San Diego,
State of California, the fee simple title to the real property
described above shall vest in plaintiff, its successors, and its
assigns.
DATED: `'~~~ ~~'.975
ELI H. LEVENSOLV~
The foregoing instrument is a lull, true and caned copy of
the original an file in this office. ••
.~ i
ROBERT D. ZUMWAIT, County Clerk and Clerk of the Superior Court of the State °
ai Caiilornia, in an ~ t of San is - "
_ __.. - Deputy
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FOrm No. F-229
12/?3
CERTIFICATE OF CITY/DIRECTOR OP FINAt4CE
Certification of Una~roi:riated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds fer the purpose sat forth in the attac'n-ed
resolution is available in the Treasury, or is anticipated Lo
r_ome into the Treasury, and is otherwise unappropriated.
Amount $ _ _ Fund i
Purpose
Bidder
_.._ Director o:E Financa
The City cf Chula Jista
Date
3y
Certification of Unerc umbered Aaiance
28-6200-194
I HERESY CERTI'r'Y that the indebtedness and oblication
to be incurred by the coatra.ct or. aryreemrnt authoriz.^_d by the
attached resclutior. can ba _ac^lrre<d :aithcut tha viol-ar_ion of any
of the prOViSi-Ons Of ttiC :~hal ter Of Lne City Of Cif u'_a 'vista, Gr
the Constitution or 'L-he lows O'_` `gas` ts,tc of California, that
sufficient monies hays Baer, au=;rocria_eG 'nor the purpose of ;aid
contract, that sufficient. mc;nies t7 t^.cet the obli5eticns cf the
contract are actually i:, the Treasur-y, o-- are anti^ipated to come
into the Treasury to l:e credit of she appropriation Eros, which
the same are to be drawn, and t?:r:t :,az.:i ^:onies now actnaiiy in
the Treasury, tagether with ti:~ rrona.es anticipated ro come into
the Treasury, to the credit :.~ :.aid apprr~~riation are et,:erwise
unencu.~c,bered.
Amount Dlot to Exceed
Date June 12, 1975 By
Fund Special Gax Tax Dept./Activit.: City Attorney
Purpose Acquisition of Right of Way for Brisbane Realignment
Bidder N/A
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,q,^ :'icy o!i Chul<^^. ._e+~a