HomeMy WebLinkAboutReso 1977-8840RESOLUTION NO. $$40
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CHULA
VISTA DETERMINING THAT THE DIVISION AND DEVELOPMENT
OF EL RANCHO DEL REY WILL NOT UNREASONABLY INTERFERE
WITH THE FREE AND COMPLETE EXERCISE OF THE PUBLIC
ENTITY OR PUBLIC RIGHT OF WAY EASEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, it has been determined that the City of San
Diego asserts a right, title and interest in a certain utility right
of way, being a portion of El Rancho del Rey Unit No. 5 Subdivision,
an d
WHEREAS, the exact nature;of said interest is presently
the subject of litigation between the City of San Diego and the
developer of E1 Rancho del Rey, and
WHEREAS, Safeco Title Company has or will concurrently
present to the City Council of the City of Chula Vista an indemni-
fication agreement at the time of approval of the final map of said
E1 Rancho del Rey guaranteeing that all right, title and interest of
the City of San Diego, whatever the nature of said interest may be,
will be acquired by the developer, and
WHEREAS, Section 66436 of the State Subdivision Map Act
requires that if the legislative body determines that division and
development of a property will not unreasonably interfere with the
free and complete exercise of a public entity's easement in said
property, the signature of such public entity may be omitted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby determine that subject to the
indemnification agreement of the Safeco Title Company the division
and development of the property in the manner to be set forth in
the final map will not unreasonably interfere with the free and
complete exercise of San Diego's easement or fee interest therein,
and the signature of the City of San Diego may be omitted subject
to the provisions of Section 66436 of the State Subdivision Map
Act.
Presented and Approved as to form by
~~'l~~~
-`George D. Lindberg, City Att ey
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 4th day of October
197.1_, by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Cox, Hyde
NAYES~ Councilmen None
ABSTAIN: Councilmen Hone
ABSENT: Councilmen Egdahl
~~~~
Mayor of the City of
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ATT ~` ' L " ~-C lc` ~1-
~,~ City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s .
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
,and that the same has not been amended or repealed.
DATED
(seal )
City Clerk
CC-660