HomeMy WebLinkAboutReso 1963-3240Yl ~ - a,
RESOLUTION N0. 3240
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN PRINCESS PARK
ESTATES, INC., AND THE CITY OF CHULA VISTA RELATIVE
TO ACQUISITION OF STREET RIGHT-OF-I^1AY
YIHEREAS, the Planning Commission has required that that '
certain street known as Crest Drive be extended from the South .
boundary of Princess Crest Subdivision to the P?orth line of
Telegraph Canyon Road right-of-way as a condition of the Princess
Crest Subdivision, and
WHEREAS, certain real property will have to be acquired
for such street right-o£-way, and
WHEREAS, the subdivider, Princess Park Estates, Inc.,
is willing to finance the costs of the acquisition of such street
right-of-way,
NO;d, THEREFORE, BE IT RESOLVED as follows:
1. That the agreement between Princess Park Estates, Inc.,
and the City o£ Chula Vista relative to the acquisition o£ street
right-of-^way and the payment o£ the costs thereof is hereby approved
and the Mayor and the Chief Administrative Officer are authorized
to execute same.
2. That a true copy of said agreement be attached hereto
and incorporated herein as though here set forth in full.
ADOPTED AND APPROVED. by tke CITY COUNCIL of the
CITY OF CHULA VISTA, CALIPORNIA, this .Sth day of November ~,
;.
1963 by the following vote, to-wit:
AYES: COUNCILMEN McMains,.McAllister, Menzel; Smith, DeGraaf
NAYES: COUNCILMEN None..
ABSENT: COUNCILMEN ,. None•
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lOi,/.{Zl/~( l
yor of the City of la Vista
ATTEST \ ~ ~~ i uti ~~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) as.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, t»ue and correct copy of
and that the same has not been amended or repealed.
DATED:'
City Clerk
,;: ...
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November 1, 1963
i
AGREEMENT BETSdEEN PRINCESS PARK ESTATES, INC. '
AND THE CITY OF CHULA VISTA RELATIVE TO ACQUISITION
OP STREET ,RIGHT OF WAY. '
The parties hereby agree :as follows: ~ -
.. 1. PRINCESS PARK ESTATES, INC., hereby agrees .to deposit with the CITY
- OF CHULA VISTA the sum of $15,000,00, said deposit to be either in the form of
cash or in lieu of~a cash deposit, a letter of credit subject to the approval of
I
~.;-. ''~:~ - the City'~_Attotney-.of :~Chu1a._Vist a_and such.deposit to be made'"bn on.before November
~_~.~~:. •' -'4; 1963.. ..: ,. :~...~ ..
2.~ Said depo slit may _be used by the City of ,Chula Vista for the ac-
quisition of certain street right-of-ways far the extention of certain streets
shown on Princess Crest Sub~~Div ision Final Map, known as Crest Drive, such right-
- of-way and extention to run in a souther Ly direction from the south boundary of
Princess Crest Sub-Division to the north line of the right-of-way of Telegraph
Canyon Road, such right-of-way to be 60 feet in width exclusive of slope rights.
Necessary slope rights as required by the City Engineer shall also be acquired
for said street extention.
3. The deposit and funds shall be used for acquisition of land, attorney
fees and Court costs and expert witness fees involved in any condemnation pro-
ceeding. Princess Park Estates, Inc., agrees to provide the City at its own
expense, an appraisal in suitable form for the attorney's use in any condemnation
proceeding.
4. The City of Chula Vista agrees to pass a Resolution authorizing
condemnation ,proceedings for the aforementioned street right-of-way and further
agrees that Princess Park Estates, Inc., shall have 45 days in which to secure
conveyance of such right-of-way to the City of.Chu la Vista from date hereof and
such additional time to the date of filing of any condemnation action. Should
said Princess Park Estates, Inc., so provide such right-of-way to the City prior
to the filing of a condemnation action then the City of Chula Vista agrees to
return any cash deposit or release any letter of credit received and deposited
with it except that a reasonable sum wi11'be paid to the City for the services of
the attorney in any preparation of the condemnationproceeding coh ich has been
accomplished prior to receipt of such conveyance.
5. Zt is further agreed by and between the parties that should the
amount of any cash deposit exceed the total cost of acquisition of right-of-way,
including Court costs and attorney fees and expert witness fees, then the excess
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shall be returned or in. the case of a letter of credit the excess shall be re-
mitted and cancelled in favor of Princess Park Estates, Inc. Should the amount
of the deposit be insufficient to cover the forementioned costs, the Princess
Park Estates, Inc., agrees to pay to the City upon demand such deficiency.
6. This Agreement is made among other reasons to satisfy the re-
quirements of the City-of Chula Vista in connection with the approval of the
. "", Final Map of Princess Crest ~S ub Divzsi on ".°
Dated `~f'.. H~f~ t ~
~.;.'..
,_ PRINCESS PARK ESTATES, INC,
CIT'I OF CHULA VISTA
BY . ~ ~ /
Keith W, Menzel, Mayor