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HomeMy WebLinkAboutReso 1980-10442 RESOLUTION NO. 10442 7~- tv1 No. 342 Form RESOLUTION .OF THE" CITY COUNCIL-. OF~'-THE' Crry 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 TO BE KNOWN AS TELEGRAPH CANYON ROAD 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 that that certain agr~ement bet~en 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 to be known as Telegraph Canyon Road dated the 21st day of April , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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 by Approved as to form by ~~~,/,. ~4. ~-=~/ .' George D. Lindberg, City Attorney ~ " ::.-- /7 George D. Lindberg, City./Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21st day ,o~ April 19~, ,by AYES: Councilmen Gillow, Hyde, Cox, McCandliss, Scott NAYES: Councilmen None ABSENT: Councilmen None ATTe~~ C~ty Mayor 1JIC\%~L,r Clerk (,OiiQ ~r~~ of the City of Chula V~sta STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk / AGREEMENT WITH PACIFIC SCENE, INC. RELATIVE TO THE ACQUISITION OF CERTAIN STREET RIGHT OF WAY FOR PUBLIC STREET PURPOSES TO BE KNOON AS TELEGRAPH CANYON ROAD THIS AGREEMENT, made and entered into t_his 21st day of April , 1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and PACIFIC SCENE, INC., 3900 Harney, San Diego, California 92110, hereinafter referred to as "Developer"; WIT N E SSE T H . WHEREAS, the City Council of the City of Chula Vista has heretofore approved a Specific Plan known as the El Rancho del Rey Specific Plan, and WHEREAS, two components of said Plan known as the South College Specific Planning Area and the East College Specific Planning Area (SPA) are about to be developed by Pacific Scene, Inc., and WHEREAS, it is necessary in conjunction with the development of said areas to widen Telegraph Canyon Road between the Casa del Rey tract and Otay Lakes Road, and WHEREAS, it is necessary that Pacific Scene, Inc. secure said right of way and install improvements thereon in accordance with the specifications of the City of Chula yista, and WHEREAS, Pacific Scene proposes to negotiate the purchase of said right of way, but in the event that said right of way or portions thereof cannot be acquired by negotiated purchase, Pacific Scene requests that the City use its power of eminent domain to acquire said right of way for public street purposes. 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 cost of the services of said appraiser. 2. Developer hereby agrees to deposit with 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 the City of Chula Vista for the acquisition of said right of way to be known as Telegraph Canyon Road. 4. The deposit shall be used for the acquisition of land and shall be deposited by the City of Chula Vista 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 of said parcels. -1- J!J n" LL~L " / Dt{LJ2 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 the City of Chula Vista. All fees paid for the services of said attorney shall be made directly by Developer and the City of Chula Vista shall assume no responsibility for any attorney fees or other costs of litigation. In addition thereto, Developer shall retain the appraiser, as mutually agreed upon by Developer and City, at their sole expense to provide any necessary 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 of Chula Vista agrees to pass a resolution authorizing condemnation proceedings for the acquisition of the aforementioned street right of way. 8. This agreement is made, among other reasons, to satisfy the requirements'of the City of Chula Vista for the construction of a dedicated public street to provide necessary street frontage and access to that certain property being developed by Developer for subdivision purposes. 9. It is further understood and agreed that City will consider the formation of a reimbursement district to allCM Developer to recoup monies which he has expended which will ultimately benefit properties other than those owned by Developer. IN WITNESS WHEREOF, agreement to be executed the wri,tten. the parties hereto have caused this day and year first hereinabove THE CITY OF CHULA VISTA DEVELOPER: Pacific Scene, Inc. w~ Mayor of the City of ula Vist~ ATTES . J;; ~ ~~./ City Clerk ~~ jf' d;/t? cult z//? /,1 )' ~, d ,,,,) .r.? (j,; " ,,)..L UI'k>/J City Attorney (Attach Notary Acknowledgment) , 0. " u; STATE UF CALIFORNIA OHINTY OF San Dieg~ 0. April 21, 1981 _} 55, befure me, /~ ~ t1H~ lllllktsimlCd, :.I Notary Public. in and fOf said County and State, Jler;:onally appeared Pat McCardle known to me to he the Vice Pre~idellt, and Wilbur E. Johnson _, known to me to he Assistan1:;>;;ecrdnry of. tlH' l.'lIT[JOfation Ihilt eXI:l'utpJ the within 1IlstrUlllt.'llt, known to me to IJf~ the pel:;OIlS who execut..d the within Instrmnent UIl hehalf of the corpuration therein named, ami ~l!'knowlt~dged to Ie that o,uch corporation excl'utpo the within insttlltntcflt !('su nt its hy-Iaws ur a resulutilJll of its LoarJ nf directors. FOR NOTARY SEAL OR STAMP . 0. , u; Signaturc_ OFFrCIAf:-~ ("HRI5TIANA WAGNER :t NOTARY PUBLIC - CALIFORNIA I' SAN DIEGO COUNTY My comm. expires DEe 20, 1982J =-A 1 irJ14