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HomeMy WebLinkAboutReso 1986-12450 RESOLUTION NO. 12450 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DEPUTIZING THE LAW FIRM OF LUCE, FORWARD, HAMILTON AND SCRIPPS AS DEPUTY CITY ATTORNEYS TO ACT FOR AND ON BEHALF OF THE CITY OF CHULA VISTA IN ANY CONDEMNATION PROCEEDINGS NECESSARY TO ACQUIRE CERTAIN RIGHT OF WAY AND EASEMENTS FOR THE COMPLETION OF REQUIRED IMPROVEMENTS FOR THE EASTLAKE VILLAGE AND BUSINESS CENTER AND DIRECTING SAID FIRM TO SEEK AN ORDER OF IMMEDIATE POSSESION FOR THE SUBJECT EASEMENT AND RIGHTS-OF-WAY 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, by Resolution No. 12448, adopted on the 6th day of May, 1986, authorized the City Attorney of the City of Chula Vista to acquire certain real property for right-of-way and easements for drainage, sewer and slopes by the exercise of the powers of eminent domain of the City of Chula Vista, and WHEREAS, the City of Chula Vista has heretofore entered into an agreement with EastLake Development Company to cover the full costs of the acquisition of right-of-way easements along Otay Lakes Road and Rancho Janal Road, approved by Resolution No. 12449, adopted on the 6th day of May, 1986, and WHEREAS, the determination has now been reached to proceed with the condemnation action and it is now necessary in accordance with the terms of said agreement to appoint an attorney to act for and on behalf of the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista that the firm of Luce, Forward, Hamilton and Scripps be, and the same are hereby appointed to act as Deputy City Attorneys for and on behalf of the City of Chula Vista to conduct the condemnation proceedings for the necessary right of way and easements for the completion of the required improvements for the EastLake Village and Business Center. BE IT FURTHER RESOLVED that all costs of litigation, including the payment of fees to said Deputy City Attorneys, are to be assumed by EastLake Development Company in accordance with the terms and conditions of that certain agreement approved by Resolution No. 12449, adopted by the Chula Vista City Council on the 6th day of May, 1986. -1- BE IT FURTHER RESOLVED that Luce, Forward, Hamilton and Scripps are hereby directed to seek an order of immediate posession for the subject easements and rights-of-way. Presented by Approved as to form by b n P. Li~pit~,' Director of ~arles R. Gill, Assistant lic Works/City Engineer City Attorney 0646a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th day of May 19: 86 , by the following vote, to-wit: AYES: ¢ouncilmembers McCandliss, Cox, Malcolm, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None I~layor ~- th~ City of Vista ATTEST / - ~ ~_..~ ':' ~,/- City Clerk ~'- ~/ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12450 ,and that the some has not been amended or repealed DATED ~ City Clerk ¢l]Y OF CHUIA VISTA :C-660