HomeMy WebLinkAboutReso 1975-7833RESOLUTION N0. 7833
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY
OF THE ACQUISITION OF CERTAIN LAND 06+NED BY TEX A.
AND MONIQUE P. RICHIE FOR PUBLIC STREET PURPOSES
AND AUTHORIZATION FOR THE COMDIENCEMENT OF CONDEMNATION
PROCEEDINGS TO ACQUIRE SAID PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
heretofore considered in conjunction with the County of San Diego
the realignment of Edgemere Avenue between "C" Street to I-54 in
order to provide improved access to the area and improve said Edge-
mere Avenue to City standards, and
WHEREAS, the City Council has directed that proceedings be
undertaken to acquire said right-of-way to be known as the Edgemere
realignment, more particularly described in Exk:ibit "A", attached
hereto and incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the City Council of the City of Chula Vista finds
and determines and thereby declares that the public interest and
necessity require the construction of a certain realignment of Edge-
mere Avenue, namely the straightening of said Edgemere Avenue, the
widening of the roadbed, and improvement to current City standards,
upon, through, over, under and across the real property, more partic-
ularly described in Exhibit "A", attached hereto and incorporated by
reference.
2. That said real property is necessary for the straighten-
ing and improvement of Edgemere Avenue between "C" Street and I-54 in
order to remove the existing curves, widen said street, and improve
said street to current City standards, and that such public improve-
ment is planned and located in a manner which will be most compatible
with the greatest public good and least private injury.
3. That the public interest and necessity require the acqui-
sition and taking of certain real property for street and right-of-way
purposes for the installation, construction, operation, maintenance,
repair, replacement reconstruction of streets, curbs, sidewalks, berms,
shoulders, utility conduits, sewer and water lines, and all structures
incidental thereto.
4. That the use of all and each and every part of said real
property hereinafter described in Exhibit "A" for the purpose of a
street and right-of-way is a public use and a use authorized by law.
5. That the acquisition and taking of said property and
right-of-way upon, through, over, under and across all and each and
every part thereof is necessary to such public use, and it is necessary
that all and each and every part of said property be so acquired and
taken.
6. That the real property referred to hereinabove in this
resolution is situated in the City of Chula Vista, County of San Diego,
State of California, and more particularly described in Exhibit "A"
which is incorporated by reference.
- 1 -
7. That the City Manager be, and he is hereby authorized,
empowered and directed to acquire said real property for the purpose
of laying out, excavating, operating, repairing, and for the purpose
of excavation and embankment thereof, by donation or purchase or by
condemnation in accordance with the provisions of the Code of Civil
Procedure of the State of California relating to eminent domain.
8. That the City Attorney of the City of Chula Vista be,
and he is hereby authorized and empowered to prepare and prosecute
such suit or suits as are necessary to condemn, take and acquire said
real property described in Exhibit "A" and to make an application to
the court if deemed necessary for an order fixing the amount or amounts
of such security in the way of money deposits as said court may direct
to be made upon the taking of possessi~i of said real property, or any
part thereof, and to make application for an order permitting the
City of Chula Vista to take immediate possession and use of said pro-
perty, or any part or parts thereof, and to make deposit of such
security in such amounts fixed by the court and in such manner as the
court may direct, and to incur on behalf of the City of Chula Vista
all reasonable and necessary expenses in the prosecution of the suit
or suits to condemn said real property.
Presented and Approved as to Form by
~~
vim,
~~
George D. Lindberg, City Attorney
- 2 -
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of July ,
197 5, by the following vote, to-wit:
AYES: CcuneiZmen Hyde, Scott, Hobel, Hamilton
NAYES: CouneiZ,rr,en
ABSENT: Councilmen Egdahl
9
~ ~ f lry~~ ~ ~ ~~_x ~r
Mayor of the /City of Ch~uZa Vista
i
ATTEST ~'~i!"ZC 7Zlsi d// ~ Y~-/.~~/i.tl~.l~
Ciay Clerk
i/ ,
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, ~IENNIE M~ FULASZ, 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
that the same hay not been amended or repeaZed~
DATED
:SEALI
CC-660
ty CZer
and
e~8~
LEGAL DESCRIPTION OF PARCEL
TO BE ACQUIRED FROM
Richie, Tex A. & Monique P.
Box 52 Air America, 151
APO, San Francisco, CA 96237
Tax Parcel No. 563-370-28
That portion of 40 acre Lot i in Quarter. Section 135 of
Rancho de la Nacion, in the City of Chula Vista, in the County
of San Diego, State of California, accorciinq tc Map thereof No.
166, filed in the Office of the County Recorder cf San Diego
County May 11, 1869, described as follows:
Beginning at the Southwesterly corner. of lot 79 of
Olivewood Acres, according to Map thereof No. 1665, filed ir.
the Office of the County Recorder of San Diego County, April
10, 1915 - now vacated and abandoned; thence along the Southerly
line of said Lot 79 and the Southerly line or" Lot 8C of said
Olivewood Acres, North 70°58'08" East a distance of 557.19 feet
to the TRUE POINT OF BEGINNIiv'G; thence along said Southerly line
of said Lot 80, South 70°58'08°' i•+est a distance of 80.03 feet
to a point on the arc of a 37C foot radlus curve concave L:ester].y,
a radial line of said curve bears North S2°45'23" East to said
point; thence Northerly and Westerly along the arc of said curve
through a central angle of 22`C8'14" a distance of_ 14?_.96 feet;
thence North 42°14'57" East a distance of 15.77 feet to a point
on the arc of a 956.9; foot ;radius curve concave Northeasterly,
a radial line of said curve bears North 51°38'11" East from said
point; thence Southerly and Easterly along the arc cf said curve
through a central angle of OS°53'25" a distance of 98.40 feet;
thence tangent tc said curve South 44°15'1.3" Bast a distance of
60.56 feet to a point on the arc of a li0 foot radius curve,
concave Westerly, a radial line of said curve bears North 51°21'23"
East to said point; thence Southerly and Westerly along the arc
of said curve throuq_h a central angle of C1°22°52", a distance
of 4.10 feet to the TRUE POINT OF' BEGINNING.
(~7~3~