HomeMy WebLinkAboutReso 1972-6365RESOLUTION N0. 6365
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING AND DIRECTING THE FILING AND PRO-
SECUTION OF LEGAL ACTION TO CONDEMN CERTAIN LANDS
FOR PARK PURPOSES ON BEHALF OF THE CITY OF CHULA
VISTA, SAID PARK TO BE KNOWN AS OTAY PARK
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
heretofore authorized the Mayor to make application for federal
assistance in the acquisition of a park site in the Otay area at
the southerly boundary of the City of Chula Vista, and
WHEREAS, said application for a federal grant has been
approved for the acquisition of said park site, and
WHEREAS, it is now necessary to proceed with the acquisition
of the property to be known as the Otay Park, which property is des-
cribed more specifically in Exhibit "A", a copy of which is attached
hereto and incorporated herein by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the
City of Chula Vista be, and he is hereby directed to proceed with
negotiation with the owners of said property for the acquisition of
the property for park purposes.
BE IT FURTHER RESOLVED that if said property cannot be so
acquired without recourse to legal proceedings, the City of Chula
Vista may exercise its rights and powers of eminent domain to so
acquire said property.
BE IT FURTHER RESOLVED that George D. Lindberg, City
Attorney for the City of Chula Vista be, and he is hereby authorized
and directed to institute legal action in the Superior Court of the
State of California in and for the County of San Diego, for the pur-
pose of laying out, developing, landscaping and use as a public park
in the City of Chula Vista, that property set forth in Exhibit "A",
incorporated herein by this reference thereto as though here set
forth in full. Said authorization being undertaken pursuant to the
provisions of Section 1241 of the Code of Civil Procedure of the
State of California and said legal action to be instituted, if and
in the event that the acquisition cannot be accomplished by negotiation
within a reasonable time as determined by the City Manager and the City
Attorney of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Manager of the City of
Chula Vista is hereby authorized and empowered to employ such appraisers
as may be necessary and proper to appraise value of the property being
taken and to testify in any trial as required, and the Council further
finds that the use for which the property is to be taken is a public
use and that said property is necessary to the proposed public use, and
further finds that the property is located in the manner which will be
most compatible with the greatest possible good and least private
injury. Council further finds that the public interest and necessity
require the acquisition of the said property referred to, and the con-
struction and completion of the public park referred to.
Presented by Approved as to form by
_ .~4~~-°
George D. Lindberg, City Attorney George Lindberg, City Atto ney
Exhibit "A"
PROPOSED OTAY PARK SITE
A portion of the NOrth Half of Section 23, Township 18 South, Range 2
West, San Bernardino Meridian, in the County of San Diego, State of
California, shown on Record of Survey 4303, filed in the office of
the San Diego County Recorder.
More particularly described as the Westerly 610.50 feet of the Northerly
482.50 feet of said Northerly Half of Section 23. Excepting therefrom
the Northerly 191.60 feet thereof.
Referenced also as County Tax Assessors Parcel Numbers 623-23
Parcels 18 and 19 containing 3.96 acres more or less.
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF T'_FiE CITY OF
CHULA VISTA, CALIFORNIA, this 7th day of March
by the following vote, to-wit:
197,
AYES: Caunc~.~.mev~ Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES : Caunc~.~mev~ None
ABSENT: Cvuv~c~..2mev~ None
ATTEST ~.~-L~k~ ~~
Cti~y en
S`~ ~.mE OF CALIFORNIA )
.~~NTY OF SAN DIEGO ) ss .
CITY OF CHULA VISTA
I, J~NNI~ M. ~ULASZ, C~,~y C.~enFz ~~ the C~.~y a~ Chula V~.~~a,
Ca2,~~onv~.~a, DO H~R~13y C~RTI~y ~ha~ the above a~.d ~anegativ~g ~.~ a ~u22,
~n.ue avid cvnnec~ ev~y a~ Resolution No. 6365
avid ~ha.t the ~5ame h.aa v~a~ beev~ amended vn nepea.~edo
~AT~~: March 8, 1972
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