HomeMy WebLinkAboutReso 1963-3241Resolution No. 3241
Karl H. Helm, John E. Helm, Mary Hansen and Richard H. Helm
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RESOLUTION N0, 321-t7-
RESOLUTION OF T'dE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZIPIG THE SETTLEMENT OF THE CON-
DEP1fLiTICN OF HELM PROPERTY, BEING SAN DIEGO SUPERIOR
COURT. ACTION 276322 AGAINST KARL H. HELM, JOHN E.
HELM, :BABY HADiSEPT, RICHARD H. HELM, et al
" i~fiEREAS~ the City of Chula Vista has filed a condemnation
action against KARL H. HELM, JOHDi E. HELn1, MARY HANSEN, and RICHARD
H. HELM, as beneficial owners of certain real property involved in
the extension of nErt Street right-of~way to Bonita Road, being San
Diego Superior Court Action No. 276322, and
D7HE;P.EAS, the owners of said real property have made an
offer of settlement of the said condemnation action, and
WHEITEAS, the City Engineer and. the City Attorney have
investigated said offer of settlement and recommend same to the
City Council.
ATOW, TH~EFORE, BE IT RESOLVED as follows:
1, That the City Attorney of the City of Chula Vista
is hereby authorized to enter into such stipulations and agreements
and'stipulated judgments as will effectuate-the terms of settlement
as set out hereinafter.,
2, The City authorizes settlement of the said condemnation
action hereinabove referred to on the following basis:
{a) The City will at its expense furnish and install gas
service facilities to a certain farm house located approximately
250 feet North of nEii Street Extension and approximately 300 feet
West of Hilltop Drive and located on County of San Diego .Tax Factor
Parcel No« 56628-25. Such facility shall be a 12° ID gas service
line.
(b) The City will at its expense furnish a L[" OD Z0~11
gauge Steel Tubing water line to be installed from Hilltop Drive
Meter (to be furnished by .California Water and Telephone Co.). along
the top of the ground, such line to connect to an existing line
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approximately 300 feet West of HiLtop.Drive'.
(c) 'The City agrees to vacate a portion of "E" Street
roughly described as the Northerly 12 feet beginning at a point
approximately 93 foot West from the Easterly end of the existing
'~E^ Streets.thence continuing Westerly approximately 230 feet and
as more particularly designated on 'the plat attached hereto. '
(d)''The City agrees to regrade,an existing driveway into
the said farm house to meet the grade shown on'City of Chula.Vista
drawing No:.63-37L being a part of ~"E" Street Extension Program.
The City Further.agrees to'deposit and stockpile excavated material
adjacent to such graded driveway.
(e) The City agrees to pay to defendants in such.pro
portions as the respective defendants may agree upon or. as their
interest may appear, the sum of $22500.00 as full•and complete
payment For all property sought to be condemned, such payment shall
be made only upon condition that a written stipulation for judgment
not inconsistent with the terms of this Resolution be entered int•
by and between said defendants and the City of Chula Vista,
'(f) Interest upon any sums'due or to be paid to defendants
shall be waived by defendants except that interest shal]. commence to run
upon any sums due to be paid to defendants at the rate'of 7° per annum
on the 20th day following the signing of the order for. disbursement
if said monies have not been 'so disbursed prior thereto,
" (g)` Payment of said sum of $22,500;00 shall be further
subject to the prior approval of the City Attorney.
3: Aplat-showing the details o£ the various items of
settlement'is attached hereto as Exhibit "A!' for information purposes.
Item No, E designated as an item o£ settlement on said plat is hereby
deletede.
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ADDYTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this Sth day of November ,
19 63 , by the following vote, to-wit:
AYES: COUNCILMEN McMains, McATlister, Menzel, Smith, DeGraaf
NAVES: COUNCILMEN None
ABSENT: COUNCILMEN None
~'" .
or of the City of la Viata
ATTEST `/t~~~ 9Ji-LC.tc ~~it~
• City Clerk
STATE OF CALIFORNIA )
• COUNTY OF SAN DIEGO ) se. '
CITY OF CHULA VZSTA )
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I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, taue and correct copy of
and that the same has not been amended or repealed.
DATED:
City Clerk