HomeMy WebLinkAboutAgenda Statement 1975/02/11 Item 12a,bAGENDA ITEM N0. [ 12ab]
CHULA VISTA CITY COUNCIL MEETING OF: February 11, 1975
Resolution - Determining and Declaring Public Necessity of Acquiring Certain
Right of Way for Public Street Purposes to be Known as East "J" Street, and
ITEM TITLE: Authorizing the Commencement of Condemnation Proceedings
Resolution - Approving Agreement with Shattuck Construction Company Relative to the
Acquisition of Certain Street Right of Way to be Known as East "J" Street
INITIATED BY
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City Attorney
The City has approved a tentative map of that certain subdivision known as
South Bay Villas. An essential condition of the tentative map is the develop-
ment of an offsite right of way providing access to said subdivision.
Since the developer has been unable to negotiate the purchase of said property
from the owner, it is necessary for the City to exercise its powers of eminent
domain to acquire said right of way.
Two resolutions have been prepared, the first authorizing the City Attorney to
proceed with such a condemnation action, and the second, approving an agree-
ment with the developer, Shattuck Construction Company. Said agreement requires
the developer to bear the full costs of the condemnation proceeding including
the retaining of an attorney who would handle the actual litigation if that
becomes necessary. In addition, the City agrees to establish a reimbursement
agreement for said right of way in accordance with the provision of the State
Subdivision Map Act which would allow the City to establish the benefits
derived by other parties who may later use said street to serve their own
property.
ATTACHED: Resolutiong[X] Ordinance [ ]
Financial Statement: N/A
Commission-Board Recommendation: N/A
Agreement [X] Plat [ J
See EXHIBITS ~ J No. 1-2-3
Department Head Recommendation: Approval of Resolutions
City Manager Recommendation: Concur
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