HomeMy WebLinkAboutReso 1976-8070
RESOLUTION NO. 8070
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AU!I'HORIZING ACQUISITION OF CERTAIN
LAND Oj^1NED BY TEX A. ANb MONIQUE P. RICHIE FOR
PUBLIC STREET PURPOSES
2/19/76
~y.~c/35-
The City Council of the City of Chula Vista does herby
resolve as follows:
U7HEREAS, the City Council of the City of Chula Vista has
previously determined that it is in the public interest to realign
Edgemere Avenue between "C" Street and I-54, 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, Tex A.
and Monique P. Richie, as owners of the property, have agreed to
a Stipulated Judgment in lieu of a trial on the merits, and
U]HEREAS, the sum determined between the parties to
constitute just compensation for any and all claims has been
determined to be $11,033.36.
~^7HEREAS, as a part of the agreement between the parties,
the City of Chula Vista has agreed to grant to Tex A. and Monique P.
Richie an encroachment permit across the land acquired by the
City for purposes of the erection and maintenance of a fence,
until such time as the property acquired is necessary for street
realignment.
NOS^], THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that the Mayor of the City be, and he is
hereby authorized to sign on behalf of the City of Chula Vista
that document entitled "Stipulated Judgment in Condemnation",
attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the Director of Finance
be, and he is hereby authorized and directed to prepare a warrant
payable to Tex A. and r~onique P. Richie in a fashion prescribed
by the City Attorney's Office from Account No. 28-6100-GT-14,
in the amount of $11:,033.36, upon receipt by the City Attorney
of a signed Stipulated Judgment in Condemnation.
BE IT FURTHER RESOLVED that there is hereby granted by
the City of Chula Vista to Tex A. and 1`Zonique P. Richie an encroach-
ment permit for the purposes of the erection and maintenance
of a fence upon the land acquired by the City, pursuant to Exhibit
"A"; said encroachment t® be more specifically described as tY~at
area encompassed by a one foot strip extending across the north/
south width of the property to be acquired, the centerline of said
encroachment to be the present location of said fence. Said
encroachment permit shall continue until City submits notification
from the Director of Public Works to Tex A, and Monique P. Richie
that said encroachment is to be extinguished. No less than thirty
days notice shall be given of the City's intent to terminate the
encroachment permit.
Presented and Approved by
~~ ` ~~ ~` 2' ~ mac-Cali`- ,
George Lindberg, City Attor ~y
ADOPTED A~iD APPROVED 3Y THE CITY COUidCIL OF THE CITY OF
C~3ULA VISTA, CALIFORiJIA this 24th day of February ,
197 6 by the following vote, to-wit:
AYES : Counei Zmen Egdahl , Hobel , Hami 1 ton, Hyde
~dAYES : Counei Zmen None
A'3SEiJT : Counei Zmen SCOtt
a~lwy vi v~ vio c.
ATTEST
City Clerk
v^t ATE OF CALIFOR~JIA )
COUNTY OF SA~.J DIEGO ) ss.
CITY OF CiIULA VISTA )
"s t a
I, JENNIE M. FULASZ, CMC, 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.
DATED
City Clerk
CC-660
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(SEAL)
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GEORGE D. LINDE2ERG
GITY l.TTORN[Y
GITY OF CHVLA VISTA
27G FOUHfH AVENUE
GHULA VISTA. CALIFORNIA 92010
427-3300
Attorney for Plaintiff
tSPACI: I)I:LO~V I•'O[t F'i1,ING 9TAhIP ONLY)
~ ~ k ~
Robert D. Zum~.valt, Clerk D
TAR ~ 1976
[.Y G. BERNSFEIN, Deputy
E~'~El~~~
SUPI:R70I: COUR'" OF THE STATE OF CALIFORIdIAMaR ~ 9 ~~76
FOR THE COUNTY OF .`.;11rd DIEGO 111d~ft{~ilt BOC{t~....:~$P~~~~
CITE' OF CIIL'LA VISTA, a ) r30. .371437
rtuniciPal corporation, )
Plaintiff, )
VS
TE~~ A. RICHIE; r2orInUE P.
RICIiIE; SF.~i DIEGO GAS F~I1D
ELrCTRIC C0r~1I'1=_i~1Y, a corporation; ;
CEiiTE_d:sl?1L i'.SCROTv, Ir:C. , a ;
corpor. cation; ROBERT LUTIIEP. I~Ir1G; ;
CALIFOi~'1IA-AI'II?RICP~1 ;LATER ;
COriI'Ar1Y, a corporation; DOES I ;
through X, inclusive. ;
Defendants. )
STIPULATED JUDGMENT
IN CONDEMr1ATI0N
AND ORDER THEREON
~1 Cam'-~~°-~~ .
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Plaintiff in the above-entitled action, CITY OF CHVLA
VISTA, hereinbelow "CITY", and defendants, TEX A. RICHIE and
MONIQUE P. RICHIE, as Joint Tenants under a deed recorded
October 15, 1973, Recorder's File No. 73-289023 and a deed from
the State of California., recorded April 2, 1974, Recorder's File
No. 74-082642 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, ROBERT LUTHER KING, as Beneficiary
of a Deed of Trust recorded October 15, 1973, Recorder's File
a * , l,. Y
v
r;,
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1 f r:o. 73-289024 of Official Records, enters into this stipulatic~::
2I~ and waives any and all security interests he may have in the
',
3 i property which is the subject of this action. Defendants, SAti
4 I DIEGO GAS AND ELECTRIC COidPANY, a corporation, CENTENNIAL ESCRO+~;,
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ItiC, a corporation, and CALIFORVIA-APd~:RICAN WATER COt-1PAtiY, a
corporation, have filed Disclaimers of any interest in the pro-
perty t:~hich is the subject of this action. Said Disclaimers
are on file with the Court. Defendants, TEX A. RICHIE and
r:ONIQUE P. RICIiIE, as Joint Tenants, therefore agree and stip-
~ ulate as follows:
1. Defendants, TEX A. RICHIE and r~IONIQUE P. RICHIE,
admit the allegations set forth in plaintiff's complaint in
Paragraphs I through VII.
2. Defendants, TEX A. RICHIE and MONIQUE P. RICHIE;,
further stipulate with plaintiff that the amount of just cor~pe::sa-
tion has been fixed at ELEVEN THOUSA:~'D DOLLARS ($lI, 000.00} ar;d
that said amount is in full payment for the interest in the lar;~
so taken, together with all improvements, 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 furt:~er stir:u-
late that they are not entitled to any interest on said judg:~;er.t.
3. Plaintiff and Defendants further stipulate that
each party waives its right to appeal of this action followin
entry of this judgment.
4. Defendants and Plaintiff further stipulate that
the will ~
y prorate any taxes due and owing to the County of
San Diego with Plaintiff to become liable for that proportion of
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the taxes which are due on the land after entry of the final Order
cif Condemnation, which is ec}ual to the c~rouortion of the land
taken. Plaintiff's tax liability shall be measured by the value
of the land alone without including improvements.
5. The parties further stipulate that each party shal_1
bear their own costs, including, but not limited to, filing fees,
attorney's fees, expert witnesses and appraisal fees incident~~l
to this action.
6. Defendants further stipulate that plaintiff~mav
take possession upon entry of the Final Order of Condemnation.
DATED:
~G~ORGE D. LINDBERG LUCE, FORWARD, HAMILTOt•1 & SCRIPPS
'City Attorney
1 ~ ~-~
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CRAIG ' . B£•,AM/
1lssis~ant City Attorney
CI`I'X OF CHULA VISTA
1..=~. .
7'IIUD7r'1S D. IIAb1I7.,7.O:v', JR.
'~1~ivor
STEVEN S. WALL ~-
Attorney for Defendants RICHIE
_~
~.:
TEX A. RICHIE, Defendant --
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~ ~,
f..~~~
MO~IQIJL'~P. ~ ~CHIL, Defendant -~-
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ROIii:T L:I`1'Iix'[2 ICI.dG, Ucfc~nd~.,r,`T
Beneficiary under Deed of~ust
On the stipulations set forth above, and good cause
appearing thcrefor_:
IT IS OI:DERL'U that ju~.q;nc~nt be entered in accordance
,,pith said stipul.ati.on.
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D11TE:n : MAR 9 1976 -
~z,i ~ e_ L~ ~~~so~[ _
JI;DGr OF TffL; SUPLRIUR COURT
f
i
Y i
' ISFACE llELUW FUI: ['l LING STAAfF ONLY) I
1 GEORGE D. LINDBERG
GITY ATTORNEY
CITY OF CHULA VISTA
2 276 FOURTH AVENUc
CHULA VISTA, CALIFORNIA 92010 (~
427-3300 U ~
3 ~~ ~
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M/~l2C~ 196 ~ , I
cj Attorney for. ?' l a i n f i `-~ T `,_~
ROBERT U. ZU°Y1 ~';~ALT, Cleric
6 °y •- _
.....-__
7 dePUjY -'----•---....
8 SUPLRIOP, COURT OF TIIE S'K'ATE OF CALII'Or.P7IP,
1
9 FOP. THE COUi7TY OF SP1I DIEGO
~~~~ I
10 clil' QF CIiULA VTSTA,, a ) ;10. 371437 MqR „,~ 1~~6
r:unicipal corporation, )
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Plaintiff , ) 1lldgilt~ BOOIL...._._. ~,,,_.__.
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V s • ) FIi:AL OI'.DER OF
~'`~ ) COI?DEi~1?`IATIOi1
TEX A. F,T_CItIE; i10T1InUE P. ) (CCP §1253)
14I RICfiTF; Sl-_i1 DIEGO GAS AI~7D )
~ ELECTRIC C0:?~'F.idY, a corporation;) ~il~iG~YI.~~ ~
15 I CE~,TE~d~1IAL ESCP-Orl, INC. , a ) /1 1
corporation; R(?SER'.1' LL'TIiF.R hIIIG;)
16 CP.LTFORiII1?-A~1iP.TCA:I 'll.'_['F,R ) ~~ ~ /~C ~ ~,~/
COI:PAPdY, a corporation; DOES I `,~ f,Q- i /'
17 through X, inclusive. ) `~~~~ c.~/ J /~
18 )
Defendants. )
19 ) ~ '
20 Jud nen _ ~- • 1
~ t in co.lderlna pion .laving been entered in the ~
21 ~ above-entitled action on MAR 9 1g7fi _..
19 in t'ie ~
I
22 office of the County Clerk: of the County of San Diego, State of ~
23 California, and it appearing to the court's satisfaction t`~at
24 the above-rar.~ed plaintif{, under that judgnent, has aid to t.1e
P
25 ' de{endants, TEX A. RICIIII; and 2`OPIIQUI: P. FICIIIF', just cor.^.pensaticnl
26 in t'.ie sun of $11, 000.00 to be disbursed in accordance ~~~ith the
27 stipulated judgr,ent in eraitlent dorlain on file in this action:
28 ////
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XT IS nRDF.PTD A:ID I~DJUDGrD:
The fee sir:ple title to the parcels of property,
situated in the County of San Diego, State of- California, r;ore
particularly described as follows:
That i:ortion of 40 acre Lot 1 in nuarter Section
135 of Rancho de la Nacion, in the City of Chula
Vista, in the County of San Diego, State o~
California, according to ~~.ap t_zereof No. 166,
filed in the Of:ice of the County Recorder
of San Diego Count~~ iiay 11, luG9, descr?_bed
as follows:
Beginning at the ~outli~~esterly corner of Lot 79
of Oliv~~Trood F~cres, according to rtap thereof
.10. 16G~, fi_1ed ir_ the Office of the Cour:ty
Recor.cler. of San Diem Count,J, ApYil 10, 1915 -
no~-r vacated and abandoned; thence alone tale
Southerly li re of sa~_d Lot 79 and the Southerly
line of Lot 80 of Said O_live~•~ood Acres, 2~Iorth
70°5E'O8" East a distance of 557.19 feet to
the '^P.UE PC?I:IT OF f3F;GIPIiII?IG; thence alc1nr,.. sai d
Southerly line of said Lot 80, South 70°53'08"
:lest a distance of 80.03 feet to a point on the
arc of. a 370 foot radius curve concave jlesterl~~,
a radial line of said curve bears North 82°45'23"
East to said mint; thence :Iortherl~~ and t~Iesterly
along the arc of said curve through a central
angle of 22°08'14" a distance of 1~=2.9G feet;
thence :forth 42°14'57" East a distance of
15.77 feet to a point on the arc of a 956.97
foot radius curve concave Northeasterly, a
radial line of said curve bears 2:orth 51°3E'11"
East fron said pint; thence southerly and
Easterly along the arc of said curve through
a central angle of 05°53'29" a distance of 98.40
feet; thence tangent to said curve South 4n°15'Zfi"
East a distance of 60.56 feet to a point on the
arc of a 170 foot radius curve, concave Eiesterly,
a radial lire of said curve boars Plorth 51°21'23"
East to said point; thence Southerly and Westerly
along the arc of said curve through a central
angle of Ol°22'52", a distance of 4.10 feet to
the 'T'A.t:'r PnITl':.' OF P,I;GTi?iII:IG.
is hereby conder.;ned to and token for the public use stated in
the cor,plaint in this action.
c?n failing a certified copy of t?pis Final Order of
Condemnation ~7i t11 the County P.ecor.der of the County of San Diego,
., ~ I
C ` , • +
1 ~~ .,tate o~ Cali ~.orn,.a, the fee sini~le title to the real propert,~
i
2,I c?eserihec: above shall vest in rlaintif:f, its successors, anu its
3 assigns.
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