HomeMy WebLinkAboutReso 1983-11238
RESOLUTION NO.
11238
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A SETTLEMENT IN THE AMOUNT OF $10,000
IN THE CONDEMNATION ACTION ENTITLED CITY OF CHULA VISTA
V. DONALD A. O'BRIEN AND AUTHORIZING THE EXPENDITURE
OF $3,600 TO SATISFY SAID SETTLEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has heretofore entered
into a condemnation action to acquire certain real property
located on Telegraph Canyon Road between "L" Street and Hilltop
Drive, and
WHEREAS, the City Council has heretofore approved a
settlement of said condemnation action for a total amount of
$10,000, and
WHEREAS, the City has heretofore deposited the sum of
$6,400 as security for the acquisition of said property leaving a
balance of $3,600 to be authorized for expenditure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the settlement
agreement in accordance with the following terms and conditions:
1. Defendant Donald A. O'Brien retains his claim
against J. Dennis Ord in the sum of $5,000 paid by the City to Ord
in settlement of the City's condemnation of a drainage easement
upon the subject property, San Diego County Superior Court Case
No. 382258.
2. Donald A. O'Brien shall quitclaim to the City of
Chula vista all right, title and interest in the property which is
the subject of the present condemnation action, being San Diego
County Superior Court Case No. 499842.
3. City shall cause to be deposited upon the property
owned by Donald A. O'Brien fill dirt in such amount as to raise
the frontage of said property to a level of 4 feet above Telegraph
Canyon Road.
4. City shall pay to Defendant Donald A. O'Brien the
sum of $10,000 in full and complete satisfaction and settlement of
said case.
-1-
BE IT FURTHER RESOLVED that the sum of $3,600 be, and
the same is hereby authorized to be expended from the following
account:
250-2501-GTl30 Telegraph Canyon Road-Hilltop Drive
to Melrose Avenue
$3,600
Presented and Approved as to form by
-//.. (( ~':.' ~:.'~ -
....v~~ '" ,ff
George D. Lindberg, City Attorney
-2-
~)
t\" I \J-c30
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
;HULA VISTA, CALIFORNIA. this 17th
9 83 ,by the following vote, to-wit:
day of
May
Ma
iTTE~~ fl;; ~.
(, ./" City Clerk ...
il (}",
the City of Chula Vista
TATE OF CALIFORNIA )
OUNTY OF SAN DIEGO ) s s.
ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
o HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11238
I and that the same has not been amended or repealed.
ATED
( seal)
City Clerk
-=K- \\ ~56'
:C-660