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HomeMy WebLinkAboutReso 1985-12126 '(b) RESOLUTION NO. 12126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. RELATIVE TO THE ACQUISITION OF CERTAIN STREET RIGHT OF WAY FOR PUBLIC STREET PURPOSES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and PACIFIC SCENE, INC. relative to the acquisition of certain street right of way for public street purposes, dated the 6th day of August 1985, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented and Approved as to form by C~arles R. Gill, Assistant City Attorney 0644a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~ULA VISTA, CALIFORNIA, this 13th cloy of August ~ 85 , by the following vote, to-wit: lES: Counc~]member~ McCandliss, Scott, Moore, Cox ~YES: Councilmembers None BSTAIN: Counci 1 members None 3SENT: Councilmembers Malcolm ., NTo or f e C.y of Chu a Vista ATE OF CALIFORNIA ) IUNTY OF' SAN DIEGO ) ss. 'Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornia, HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION NO. 12126 ,and thor the some hos not been amended or repeoled. FED I (secl) City Clerk -660 AGREEMENT WITH PACIFIC SCENE, INC. RELATIVE TO THE ACQUISITION OF CERTAIN This Agreement made and entered into this 6th day of August, 1985, by and between THE CITY OF CHULA VISTA, a MurFicipal Corporation, hereinafter referred to as "City", and TREETOPS UNLIMITED, a Joint Venture comprised of Financial Scene Incorporated, a California Corporation, doing business as Great American Development Company, and Pacific Scene, Inc., a California Corporation, hereinafter referred to as "Developer". WHEREAS, the City Council of The City of Chula Vista has approved by Resolution No. 10767, the Tentative Subdivision Map for Chula Vista Tract 82-2; and WHEREAS, Developer is engaged in the development and construction of a residential subdivision in the City of Chula Vista, State of California, more commonly known as Charter Point; and - WHEREAS, a condition of said Tentative Subdivision Map was that certain improvements to Telegraph Canyon Road be made to accomplish the widening and realignment of said public road. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Developer agrees to immediately retain an appraiser and to accept the full costs of the services of said appraiser. 2. Developer hereby agrees to deposit with the City the sum of money as determined by said appraiser prior to the filing of any complaint in the action of condemnation contemplated by the terms of this Agreement. 3. Said deposit shall be used by City for the acquisition of said right of way on Telegraph Canyon Road as more par- ticularly described in Resolution No. 12125 adopted by the City Council on August 13, 1985. R-12126 4. The deposit shall be used for the acquisition of land and shall be deposited by the City as security for immediate possession with the Superior Court of the County of San Diego. 5. Developer agrees to pay any filing fees and all other costs involved in the preparation and filing of the complaint in an action of condemnation for the acquisition of any or all land necessary for the improvement contemplated by the resolution cited above. 6. It is understood and agreed that City shall assume no responsibility for costs in said condemnation action or in the pursuit of trial or other proceedings which may be required and Developer shall select an attorney of his own choosing who shall assume full responsibility and direction of any condemnation action subject to any necessary agreement with City. All fees paid for the services of said attorney shall be made directly by Developer and City shall assume no responsibility for any attor- ney's fees or other costs of litigation. In addition thereto, Developer shall retain appraiser, as mutually agreed upon by Developer and City, at their sole expense to provide any necessarry appraisal or other information in the form suitable for use in said condemnation proceeding. Said appraiser and any other expert witnesses required shall be paid directly by Developer and City shall assume no responsibility for said payments. 7. City agrees to pass a resolution authorizing condem- nation proceedings for the acquisition of the aforementioned improvements. 8. This Agreement is made, among other reasons, to satisfy the requirements of City for the construction of public street improvements which will benefit certain property being developed by Developer for subdivision purposes. 9. It is further understood and agreed that City will con- sider the formation of a elmbursement district to allow r ' Developer to recoup monies which he has expended which will ulti- mately beenfit properties other than those owned by Developer. -2- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. THE CITY OF CHULA VISTA, a M icipal C po ~tion Mayor ~f ~he City ~f-- Chula Vista Attest i~_~_~~ ~/ City Clerk ~ TREETOPS UNLIMITED, a Joint Venture BY: FINANCIAL SCENE INCORPORATED, a California corporation dba Great American Development Company BY: PACIFIC SCENE, INC., a Cal~ia corporation / Appoved as to form of Chula Vista Assistant City Attorney -3-