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HomeMy WebLinkAboutReso 1942-649 • RESOLUTION NO. 649 RESOLUTION AUTHORIZING CITY ATTORNEY TO STIPULATE FOR IUDGMENT WITH THE UNITED STATES OF AMERICA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AS FOLLOWS: That the City Attorney of the City of Chula Vista be and he is authorized and instructed to enter into a stipulation for judgment in an action entitled "In the District Court of the United States, In and For the Southern District of California, Southern Division, United States of America, Plaintiff, vs. 0.57 of an Acre of Land, More or Less, Situate in San Diego County, State of Califor- nia, City of Chula Vista, et, al, Defendants, No. 129 Civil" , as follows: That the sum of One Dollar ($1.00) is a fair, just and adequate compensation and award of damages for the condemnation and taking by the United States of America of the real property described in said action, and that the said defendant, City of Chula Vista, hereby stipulates that in consideration of the premises a final decree in condemnation may be entered in said action in favor of the United States of America con- demning the said real property and all improvements thereon, if any, in such manner as to vest estate for ten ,(10).' years .therein in the United States of America, free and clear of all encumbrances, servitudes, charges, restrictions and covenants whatsoever, subject only, however, to existing easements for public utilities. Further that title to any and all improvements to said real property affected by or under the direction of the United States of America, or any agency thereof, whether commenced or completed before or after the entry of the decree on the declaration of taking shall remain in the United States of America or such agency, and the United States of America or such agency shall at all times have the right to remove, alter, add to or otherwise modify any and all such improvements. Further that appoint- ment of appraisers, notice of setting of the said matter for trial, the right to trial by jury, service of process, the preparation and service and filing of findings of fact and conclusions of law and notice of entry of judgment are expressly waived. RESOLVED FURTHER that the City Attorney of the City of Chula Vista is authorized and instructed to approve as to substance and form and consent to the entry of a judgment embodying the terms of the stipulation hereinabove approved. RESOLVED FURTHER that the City Clerk of the City of Chula • Vista is hereby authorized and instructed to certify true and correct copies of this resolution. PASSED, ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, the 14th day of December, 1942 by the following vote, to wit: T R AYES: Councilmen Howe, Timmons, Dupree, Perkins and Burnside. NOES: Councilmen - None. ABENT:Councilmen - None. APPROVED: Mayor ATTEST: City Clerk 4� rew w CERTIFICATE OF CITY CLERK I, Herbert :V. Bryant, do hereby certify that I am the duly elected, qualified and acting City Clerk of the City of Chula Vista, California; I further certify that the foregoing resolution authorizing City Attorney to stipulate for judgment with the United States of America is a true and correct copy of the original resolution passed by the City Council of the City of Chula Vista at their regular meeting on the 14th day of December, 1942. Dated this ;?1F day of December, 1942. City Clerk of the Ci of Chula Vista, California. •