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Home My WebLink AboutReso 1956-1889 a r RESOLUTION NO. 1889 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO FILE A DISCLAIMER IN A QUIET TITLE ACTION THE CITY COUNCIL OF THE CITY, OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: 1. That the City Council of the City of Chula Vista finds the following facts to be true.: That there was a proposal to dedicate the hereinafter described real property as a public street made by map only, without any acceptance of the dedica- tion being endorsed thereon; that said land has not been used for the purpose fdr which the dedication was proposed for a ' period of 25 years; that said property has subsequently been sold to a third person; and that said proposed dedication has not been accepted. 2. That the real property above referred to is located in the City of Chula Vista, County of San Diego, State of California, known .and described asp follows : That ,portion of. 2nd Avenue,`'formerly 4th Avenue as shown delinated on Map No. 505, recorded March 13, 1888 in then Offices of the Recorder of San Diego County 'lying with the boundaries of that property described Lots 21, 22, 23, 49, 50, 51, 52, 53, 54, 74, 75 and 76 of Robin Hood No,. 2, according to Map thereof No. 3488 kon file in the Office of the Recorder of San Diego County. 3. That the Mayor and City Clerk of the City of Chula Vista are authorized and directed to execute that certain Disclaimer and Sitipulation, dated August 28th, 1956, a copy of which is attached hereto and by this reference incorporated herein. ADOPTED AND APPROVED'by the CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of August, 1956, by the follow- -1- ' y� „a 4 .. „-4 by � . J 4 ing vote, to-wit : AYES: COUNCILMEN RaderL Smith, DeGraaf, Dillon, DeWolfe NAYS: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the C ty of Ch a Vista ATTEST: y 'er STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO`HEREBY CERTIFY that the above and fore- going is a full, true and correct copy of Resolution No. 1889 , and that the same has not been amended or repealed. DATED: August 28th, 1956. Air _ f a!1 et r.f �- er • • • MACE BELOW FOR FILING STAISF ONLY) 1 DAVID S. CASEY ,•.• ATTORNEY AND COUNSELOR AT LAW 985 BANK OF AMERICA BLDG. 2 SAN DIEGO 1,CALIFORNIA "' •" BELMONT 9.1218 3 • :.. .. 4 5 Attorneys for Plaintiff s 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 11 No 12 BUFORD-MORGAN, INC., CASEY CONSTRUCTION COMPANY, a 13 Corporation DEFENDANT'S APPEARANCE Plaintiffs DISCLAIMER AND STIPULATION 14 vs. 15 CITY OF CHULA VISTA, a Municipal Corporation 16 Defendant 17 18 Comes now the Defendant, CITY OF CHULA VISTA, a Municipal 19 Corporation, admits service of process herein, and enters his 20 . appearance herein. 21 Said City of Chula Vista, a Municipal Corporation, as 22 Defendant disclaims any interest of any nature whatsoever in 23 the real property described in Plaintiff's complaint herein, 24 and further stipulates that plaintiffs may have a judgment 25 quieting title as if upon default. 26 Dated this 28th day of August 1956. 27 4101111111,1111,1111111114 28 Mayor of the Ci f Chula/ ista 30 �`��4�/ ay et�Cf 31 32 47.E O5 (SPACE BELOW FOR FILING STAMP ONLY) 1 DAVID S. CASEY ATTORNEY AND COUNSELOR AT LAW 935 BANK OF AMERICA BLDG. 2 SAN DIEGO 1.CALIFORNIA FRANKLIN 9.1218 3 4 5 Attorney for Plaintiffs 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 11 No. 12 BUF ?RD-MOFGA N, INC. , CASEY CONSTPUCTION COMPANY, a NOTICE OF LIS PENDENS. 13 Corporation Plaintiffs 14 vs. 15 CITY OF CHULA VISTA, a Municipal Corporation 16 17 NOTICE IS HEREBY GIVEN that an action has been commenced in 18 the above entitled court on a complaint of Plaintiff against 19 Defendant CITY OF C ?ULA VISTA, a Municipal Corporation, for 20 quieting title. 21 This action affects title to the following real property, 22 situated in San Diego County, California: 23 That portion of 2nd Avenue, formerly nth Avenue as 24 shown delinated on Map No. 505, recorded. March 13, 1888 in the Office of The Recorder of San Diego County, lying 25 with the boundries of that property described as Lots 21, 22, 23, 49, 50, 51, 52, 53, 5 , 74, 75 26 and ?F> of Robin Hood No. 2, according to map , ther6of No. 314.88 on file in the Office of The 27 Recoraer of Sa., Diego County. 29 DATEDX: August gO, 1956 30 31 David S. Casey 32 Attorney for Plaintiff $1. hI1 • • • • • (SPACE BELOW FOR FILING STAMP ONLY) • l DAVID S.CASEY ATTORNEY AND COUNSELOR AT LAW 935 BANK OF AMERICA BLDG. 2 SAN DIEGO 1.CALIFORNIA • FRANKLIN 9-1215 3 • 4 • 5 Attorney for Plai tip fs : • • 6 7 • 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 • 11 No. 12 BUFORD=MORGAN, INC. , CASEY CONSTRUCTION COMPANY, a 13 CORPORATION • Plaintiffs COMPLAINT • 14 vs, ACTION TO QUIET TITLE • 15 CITY OF CHULA VISTA, a Municipal Corporation 16 Defendant 17 Plaintiffs complain of the defendant above named, and allege 18 as follows: 19 I 20 Defendant is City of Chula Vista, a Municipal Corporation, 21 II 22 Plaintiffs are the owners and entitled to possession of all 23 that real property in the County of San Diego, State of California," • 24 known and described as follows; 25 That portion of 2nd Avenue, formerly 4th Avenue as • shorn delinated on Map No. 505, recorded March 13, 1888 26 in the Office of TheRecorder of San Diego County, lying • With the boundries of that property described as 27 Lots 21, 22, 23, 49, 50, 51, 52, 53, 54, 74, 75 and 76 of Robin Hood No, 2, according to map 28 . thereof No. 3488 on file in the Office of the 29 Recorder of San Diego County; • free and clear of conditions, restrictions, reservations, or 30 31 reversionary rights. 32 III . That a propo . 1 to dedicate the land described in Paragraph II; • 1 for public improvement was made to Defendants by map only; there- 2 has been no acceptance of dedication by Defendant; the land has 3 been used for agricultural purposes for over 25 (twenty-five) years 4 past; the property has been subsequently sold to a third person, 5 and said property has been used as if free of the dedication, 6 IV 7 That Defendant above named claims or asr.erts, or appears to 8 claim or assert some right, title, interest, estate, lien or 9 claimm of some nature in, on, to or against said premises herein-- 10 above described adversely to Plaintiffs, but that all such claims 11 and assertions are without right or legal foundation and constitute 12 clouds upon Plaintiff's title to said premises. 13 WHEREFORE, Plaintiffs pray judgment that they are the owners : .. 14 and entitled to possession of the premises hereinabove described 15 free and clear of conditions, restriction, reservations or 16 reversionary rights. That Defendant has no right, title, interest, 17 estate, lien or claim of any nature whatsoever in, on, to or against 18 said premises or any portion thereof; quieting Plaintiff's title 19 as against Defendant and all persons claiming under it, 20 Subsequelt to the filing of tlis action and enjoining Defend- 21 art and all persons claiming under it from claiming or asserting 22 any right, title, interest, estate, lien claim, condition, 23 restriction, reservation or reversionary right in, on, to or 24 against said premises, or any portion thereof; for writ or writs 25 of possession; for costs against any Defendant contesting this 26 action, but not otherwise; and for such other and further relief 27 as may be just. 28 29 Attorney for Plaintiff 30 31 32 2 • • 2G82( 9 • No (seep space Below Clear toe Clears 9111oa Sump) . • Bi3JQ D-=:'c�RG NG. ; • CASEY CONSTniJ CTIuN COMPANY, a • • • Plaintiff ••• .. • vs. • • • eTTY--O - iff; LA--Ii It1k, a SUMMONS • • Municipal Corporation • Defendant • The People of the State of California Send Greeting:To The above named defendant :>;•:'": CI` Y- a .=.unici a3 6 ar tzon - • You Are Hereby Directed to Appear and answer to a Complaint in an action entitled as above, brought against you in the Superior Court of the State of California,in and for the County of San Diego, within ten days after the service on you of this summons—if served within this County; or within thirty days if served elsewhere. :•: And you are hereby notified that unless you appear and answer as above required, the said Plaintiff_______will take judgment for any money or damages demanded in the Complaint, as arising • upon contract or -_- will apply to the Court for any other relief demanded in the Complaint. SEAL OF SUPERIOR COURT Dated________AUS_`_Q_ a ,19 R.B. JAMES, County Clerk By •- - STATE OF CALIFORNIA, 2 • • County of San Diego. J ss' • • -----------------------------------------------------------------------------_-__, being orn, : g duly s deposes and says That he is, and was at the time of service of the papers herein referred to, a citizen of the United • States, over the age of eighteen years, and not a party to the within entitled action; that he per- ' . • • . sonally served the within Summons on the hereinafter named defendants, by delivering to and leaving with each of said defendants personally,in the County of San Diego,State of California,at the times set opposite their respective names, a copy of said summons attached to a copy of the • • complaint referred to in said summons. • Names of Defendants Served: Time of Service: • Fees for Service, $_.__ ; Mileage, $ ; Total, $-----_______________ • • Subscribed and sworn to before me • day of ,19 • • • Form 219 Co. Clk. 1-56 20M SUMMONS •