HomeMy WebLinkAboutReso 1984-11774 Agency 528
Revised 10/2/84
COUNCIL RESOLUTION NO. 11774
AGENCY RESOLUTION NO. 528
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
AND REDEVELOPMENT AGENCY APPROVING STIPULATED JUDGMEÑT
BETWEEN THE COUNTY OF SAN DIEGO, CITY OF CHULA VISTA
AND CHULA VISTA REDEVELOPMENT AGENCY FOR SETTLEMENT OF
COUNTY LAWSUIT REGARDING THE OTAY VALLEY REDEVELOPMENT
AREA
The City Council/Redevelopment Agency does hereby resolve
as follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vista
City Council and Redevelopment Agency that that certain Stipulated
Judgment between the County of San Diego, City of Chula Vista and
Chula Vista Redevelopment Agency for settlement of the County
lawsuit regarding the Otay Valley Redevelopment Area (Case No.
516892), a copy of which is attached hereto and incorporated
herein by reference as if set forth in full, be, and the same is
hereby approved.
BE IT FURTHER RESOLVED that Gregory R. Cox is hereby
authorized and directed to execute said document on behalf of the
City of Chula Vista and the Redevelopment Agency.
Presented and Approved as to form by
,
,
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r on, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25ttl day of September
/9 84 . by the following vote, to-wit:
AYES: Councilmen : Malcolm, McCandliss, Moore
NAYES; Councilmen: None
ABSTAIN: Cou'Icilmen : None
ABSENT: Councilmen : Cox, Scott
ATT~~'J»~
/ City Clerk
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MAYOR PRO TEMPORE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of ChuIo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11774
,and that the some has not been amended or repealed.
DATED
( sea )
City Clerk
((-660 - MpT
, .
STIPULATED JUDGMENT
BETWEEN
COUNTY OF SAN. DIEGO,
CITY OF CHULA VISTA
CHULA VISTA REDEVELOPMENT AGENCY
THIS STIPULATED JUDGMENT is entered into on the
day of Dd:ob~( , 1984, by and between the COUNTY OF
(the "County"), the CITY OF CHULA VISTA (the "City")
CHULA VISTA REDEVELOPMENT AGENCY (the "Agency").
qdJ
SAN DIEGO
and the
R E C I TAL S:
WHEREAS, the City and Agency have concluded proceedings
for the adoption of a Redevelopment Plan for the Otay Valley
Road Redevelopment Project pursuant to the Community Redevelopment
Law; and
WHEREAS, the County has commenced litigation entitled
County of San Diego v. City of Chula Vista, the Chula Vista
Redevelopment Agency and Does 1 through 10, Inclusive
(Superior Court No. 516892), which the parties desire to
settle by and upon execution of this Stipulated Judgment;
and
WHEREAS, the parties wish to enter into this stipulation
to alleviate any financial burden which may be caused to the
County by redevelopment activities in the Otay Valley Raod
Redevelopment Project and to specify the County's participation,
as an owner of real property, in the redevelopment project:
NOW, THEREFORE, for and in consideration of the foregoing,
the parties do hereby stipulate as follows:
1. The Agency and County have entered into an Agreement
relating to the operation of the Otay Landfill. Said Agreement
is attached hereto as Exhibit 1 and incorporated as if fully
set out herein.
2. The City agrees to accept ownership of the parklands
described in the quitclaim deed attached as Exhibit 2 and
incorporated as if fully set out herein. Pursuant to said
conveyance, the City agrees to maintain and manage said
park lands for the benefit of the citizens of the County of
San Diego.
3. By this Stipulated Judgment, the parties intend to
resolve all differences with respect to the Redevelopment
Plan. The parties hereto agree to cooperate in having this
Stipulated Judgment filed with the court in order to effectuate
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a termination of that action entitled County of San Diego v.
City of Chula Vista, the Chula Vista Redevelopment Agency
and Does 1 through 10, Inclusive (Superior Court No. 516892).
4. This Stipulated Judgment constitutes the entire,
complete and final expression of the parties.
IN WITNESS WHEREOF, the parties have executed this
Stipulated Judgment on the date and year first above written.
AJJST:
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Clerk
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CHULA V~s'r REDE VEL9p~T
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APPROVED AS TO FORM APPROVED AS TO FORM BY
AND LEGALITY
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EXHIBIT 1
AGREEMENT BETWEEN THE CHULA VISTA
P~DEVELOPMENT AGENCY AND THE COUNTY
OF SAN DIEGO REGARDING THE OTAY LANDFILL
THIS AGREEMENT is entered into by the CHULA VISTA
REDEVELOPMENT AGENCY, a body corporate and politic (hereinafter
referred to as "AGENCY"), and the COUNTY OF SAN DIEGO (herein-
after referred to as "COUNTY").
WHEREAS, the COUNTY presently operates a landfill on
property a portion of which is within the Otay Redevelopment
Project Area, , more precisely described in Exhibit "A",
attached hereto and incorporated herein by this reference,
and
WHEREAS, the COUNTY landfill serves a necessary regional
public interest which benefits the citizens of the CITY OF
CHULA VISTA as weIr as all other residents of the southern
areas of San Diego County, and
WHEREAS, under Government Code Section 53090, cities
and counties are mutually exempt from each other's ordinances,
and
WHEREAS, the COUNTY landfill operation is already
regulated by State and Federal agencies and must conform to
the requirements of the State's Solid Waste Management Plan,
the California Waste Management Board, the Regional Water
Quality Control Board and other regulatory agencies.
NOW, THEREFORE, the AGENCY and the COUNTY agree as
follows:
1. The AGENCY agrees that it will not exercise any
greater powers with regard to the COUNTY's landfill operation
than the CITY OF CHULA VISTA could now exercise under State
law.
2. The COUNTY agrees that the CITY OF CHULA VISTA has
not waived any of the sovereign powers it presently has
under State law, and it will continue to.exercise said
powers as if a Redevelopment Agency had not been formed.
3. The AGENCY and COUNTY agree to continue to cooperate
with each other with regard to land use development in the
Redevelopment Area.
4. The COUNTY agrees to consider
improve the appearance of the landfill
and other reasonable measures.
AGENCY proposals to
area through landscaping
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be recorded
California.
AGENCY and COUNTY agree that this agreement may
in the office of the County Recorder of San Diego,
REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
Dated
By G~ &~a<==
Dated
OCT !) 1984 # r? =3
():Gÿ¡/}b.M"~
CbrJ: of the Board of S~~crvf~ors
COUNTY OF SAN DIEGO
By 12t.-v,j) {J Ãh1M.4U-'
pproved andlor authorized by the Board
1 Supervisors of the County 01 San Diego
ORTER D. CREMANS, Cler of t e
d of Supervisors of the County
e..n Dic~o, Gtntc~ ')f California,
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A~PRaYED AS ìD FOP':~ PJîQ !¡GAUI1
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EXHIBIT A
Legal description of the Otay Sanitary Landfill:
The West Half of the Southeast Quarter and the Northeast
Wuarter of the Southeast Quarter, Section 18, Township 18
South, Range 1 West, and Lot 3 Fractional Section 17, Township
18 South, Range 1 West, in the County of San Diego, State of
California, according to United States Government Survey
approved September 11, 1879. (Approximately 166.44 acres.)
and, (leàsed from the City of San Diego) :
The Southeast Quarter of the Southeast Quarter of Section
18, Township 18 South, Range 1 West, San Bernardino Meridian,
and the Southwest Quarter of the Southwest Quarter and all
of Lot 4 in Fractional Section 17, Township 18 South, Range
1 West, San Bernardino Meridian, in the County of San Diego,
State of California. (Approximately 98.61 acres.)
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'HEN RECORDED, PLEASE MAIL
HIS INSTRUMENT TO:
EXHIBIT 2
ity Clerk
ity "Chula Vista
'6 Avenue
IUla Vista, CA 92010
o TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONL Y
Quitclaim Deed
¡sessor's Parcel
),593-240-20,22,23,25
SWEE1WATER
Project REGIONAL PARK
W, O. No, PM0200
Parcel No. 84-0371-A.R.C
n consideration for the COVENANt OF OPERATION AND MAINTENANCE provided hereinafter, the
COUNTY OF SAN DIEGO, a political subdivision
) (es) hereby remise, release and forever quitclaim to
CITY OF CHULA VISTA
e f ling described real property in the County of San Diego, State of Ca!ifornia:
Parcel No. 84-0371-A (9-19-84) (WAR:JA:rlf)
That portion of the Northeast Quarter of Quarter Section 47 of RANCHO
OE LA NACION, in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 166, on file in the Office
of the County Recorder of said County described in deed to said County
of San Diego, recorded March 12, 1971, at File/Page No. 47805 in said
County Recorder's Office.
Parcel No. 84-0371-8
(9-19-84) (WAR:JA:rlf)
Those portions of Quarter Section 47 of RANCHO DE LA NACION, in the County
òf San Diego, State of California, according to Map thereof No. 166,
filed in the Offioe of the County Recorder of said County described in
Final Order of Condemnation in Superior Court Case No. 352815 in said
County and recorded July 30, 1976, at File/Page No. 76-244013 in said
Recorder's Office AND in Final Order of Condemnation in Superior Court
Case No. 337835 in said County recorded January 16, 1974, at File/Pag'!! No.
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SF, Rev. 85.10, 5/77
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Assessor's Parcel
No. 593-240-20,22,23,25 page 2 of 3
Parcel No. 84-0371-B (Cont.)
74-012392 in said Recorder's Office AND that portion described in Grant
Deed to said County recorded April 19, 1973, at File/Page No. 73-104039
in said Recorder's Office.
Parcel No. 84-0371-C (9-19-84) (WAR:JA:rlf)
Those portions of Quarter Sections ~7 and 58 of RANCHO DE LA NACION, in
the City of Chula Vista, County of San Diego, State of California,
according to Map thereof No. 166, on file in the Office of the County
Recorder of said County described as Parcel 71-0065-A in deed to said
County of San Diego, recorded June 7,1973, at File/Page No. 73-155508
in said County Recorder's Office.
RESERVING THEREFROM an easement for Public Utility purposes and Ingress
and Egress thereto appurtenant to Parcel 71-0066-A as described in
sa id deed recorded June 7, 1973.
COVENANT OF OPERATION AND MAINTENANCE: The City of Chula Vista, its
successors and assigns, covenant that (1) the above described property
shall forever be operated exclusively for public park, amusement or rec-
reational purposes for the benefit and use of all residents of the County
of San Diego, and; (2) said property shall forever be maintained at a level
of ma i ntena nce equa 1 to or above tha t of other improved parks of the City
of Chula Vista but in no event shall annual maintenance expenditures for
said property be less than sixty thousand dollars ($60,000).
Violation of this COVENANT shall entitle the County of San Diego to
reenter and repossess the property.
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Assessor's Parcel
No. 593-240-20,22,23,25
page 3 of 3
O"ted thi s 9th day of
October
, 198 ~.,,<16)
COUNTY OF SAN DIEGO
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Clerk of the Board of Supervisors
STATE OF CALIFORNIA)ss
COUNTY OF SAN DIEGO) .
On this 9th day of October in the year 1984 , before me, R08ERT D. ZUMWALT,
County Clerk and ex-officio Clerk of the Superior Court of the County of San Diego, per-
sonally appeared PORTER D. CREMANS, known to me to be the Clerk of the Board of Supervisors
of said County, and known to me to be the person who executed the within instrument on
behalf of said County, and acknowledged to me that such County executed the same.
R08ERT D. ZUMWALT, County Clerk and ex-officio
Clerk of the Superior Court
BY~ f0¿~
; Deputy
(SEAL)
I PORTER D. CREMANS, C erk of e
B~a.rd of Supervisors of the County
of San Diego, State of California,
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