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HomeMy WebLinkAboutReso 1973-7116 RESOLUTION NO. 7116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND DIRECTING THE FILING AND PRO- SECUTION OF LEGAL ACTION TO CONDEHN CERTAIN LANDS FOR PARKING AND/OR TRANSPORTATION STORAGE FACILITY PURPOSES ON BEHALF OF THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Parking Place Commission of the City of Chula vista has heretofore recommended the acquisition of certain lands within the Chula Vista Parking District for the addition of parking spaces in the downtown business area and/or transportation storage facility purposes, and WHEREAS, one of the parcels recommended by the parking Place Commission for acquisition are certain lots located at 282 Del Mar Avenue in the City of Chula Vista, more particularly des- cribed as follows: Lots 47 and 48 of Dyer Tract, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 1870, filed in the office of the County Recorder of San Diego County, December 23, 1925, and WHEREAS, the City Council of the City of Chula Vista has heretofore directed that the Administrative Officer of the City of Chula vista proceed with negotiations with the owners of said pro- perty for the acquisition of the property for parking and/or trans- portation storage facility purposes, and WHEREAS, if said property cannot be acquired by nego- tiation, the City of Chula Vista has recourse to legal proceedings and may exercise its rights and powers of eminent domain to so acquire said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula vista that George D. Lindberg, City Attorney for the City of Chula vista be, and he is hereby authorized and directed to institute legal action in the Superior Court of the State of Cali- fornia in and for the County of San Diego, for the purpose of acqui- sition by condemnation or otherwise, for the purpose of laying out, developing, landscaping and use as a public parking lot and/or transportation storage facility in the City of Chula Vista, that property more particularly described hereinabove. aid authorization being undertaken pursuant to the provisions of Section 1241 of the Code of Civil Procedure of the State of California and said legal action to be instituted, if and in the event that the acquisition cannot be accomplished by negotiation within a reasonable time as determined by the Administrative Officer of the City and the City Attorney for the City of Chula vista. BE IT FURTHER RESOLVED that the Administrative Officer of the City of Chula Vista is hereby authorized and empowered to employ such appraisers as may be necessary and proper to appraise value the property being taken and to testify in any trial as required, and the Council further finds that the use for which the property is to be taken is a public use, and that said property is necessary to the proposed public use, and further finds that the property is located in the manner which will be most compatible with the greatest possible good and least private injury. Council further finds that said property referred to, and the construction and completion of the public parking lot and/or transportation storage facility referred to. Presented an<;l~~p:r;oved as to Form by ~+k:L~~~Uh Geor D. Lindberg, City At~ lW()l''l'l~D AND Al'PHOVED BY TlIE C.ITY COUNCIL OF 'I'lIE: CI'J'\' OF ClIULA VJ;S~'j\, Cl\LIFOHlJIA, this 11th day of December , 1973, by the followi~g vote, to-w~t: ]IYES: COUJ1 c.;' Em Crt Hyde, Egdahl, Scott, Habel, Hamilton N1IYE5: . COUl1c;'./'.mc.11 None None ABSEN1' : COu.ilc..i../'.me./1 . ) .)., '.,: " '" 1... ,/ ATTES.'T',,~, 71 7Lt'c? >:/~ -Ai t;i Jj .. C~ty CLe~k :,/' . l-- ~)9..~~( Mayo~ 06 ~he C~~y 06 Chut~ V~G~a STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, C~ty Cle~k 06 the C{ty 06 Chuta V~~ta, Cal.tt,OItI1.td, VO HEREBY CERTIFY that the above and 601l.e.goblg {<, a ouU, zltue and coltltec.t copy 06 and zhaz zhe 4ame ha~ not been amended o~ Itepealed. VATEV: C~.ty Ctli.Jl.k ~ (~ 1:. "11 / ~