HomeMy WebLinkAboutReso 1976-8067
RESOLUTION NO. 8067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY
OF THE ACQUISITION OF DRAINAGE EASEMENT AT TELEGRAPH
CANYON ROAD, EAST OF HILLTOP DRIVE, AND AUTHORIZING
THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO
ACQUIRE SAID EASEr'IENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has heretofore considered
various methods of dealing with the drainage problems on property
near Telegraph Canyon Road, east of Hilltop Drive, and
PIHEREAS, an engineering plan designed to accept the flow
and dissipate energy of downstream waters has been designed by City
staff and approved by the City Council of the City of Chula Vista, and
WHEREAS, said engineering plan meets the minimum standards
required to preclude damage to downstream properties, and
WHEREAS, condition number 8 of the tentative map, as
stated in Resolution No. 7714, for development of Hilltop Vista requires
the developer to acquire all necessary offsite drainage easements, and
WHEREAS, the City Council has directed that proceedings
be undertaken to acquire a drainage easement upon, over, under and
across said property, more particularly described in Exhibit "A"
attached hereto and incorporated by reference, and
~~7HEREAS, an Environmental Impact Report, EIR-74-1, was
prepared on this project and was approved by the Planning Commission
on r2arch 13, 1974, and certified by the City Council of the City
of Chula Vista on P4ay 6, 1975.
NO[a, 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 drainage channel on property
near Telegraph Canyon Road, east of Hilltop Drive, more particularly
described in Exhibit "A" attached hereto and incorporated by reference.
2. That said drainage easement is necessary therefor, and
that such public improvement is planned and located in a manner which
will be most compatible with the greatest public good and the least
private injury.
3. That the public interest and necessity require the
acquisition and taking of a drainage easement upon, over, under and
across said property for the installation, construction, operation,
maintenance, repair, replacement and reconstruction of a drainage
channel and all structures incidental thereto and to divert water,
including flood water, over and to said property.
4. That the use of all and each and every part of said
real property hereinafter for the purpose of drainage is a public
use, and a use authorized by law.
5. That the acquisition and taking of said drainage ease-
ment 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.
7. That George D. Lindberg, City Attorney for the City
of Chula Vista, be and he is hereby authorized and empowered to
acquire said drainage easement by donation, purchase or condemnation
in accordance with the provisions of the Code of Civil, Procedure
of the State of California relating to eminent domain and to pre-
pare and prosecute such suit or suits as are necessary to condemn,
take and acquire said real property, and to make an application
to the Court 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 said drainage easement, or any part
thereof, and to make application for an order permitting the said
City of Chula Vista to immediately use said read. property, 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 a suit or suits to acquire said easement. Further, George D.
Lindberg is authorized and empowered to deputize private counsel
to carry out this task.
Presented and Approved as to Form by
,~
r~',~~
~~ ~
George Lindberg, City Atto ey
ADOP~i~ED A~JD APPROVED I3Y THE CITY COUdCIL OF THE CITY OF
C~iULA VISTA, CALIFORiJIA Lhis 24th day of February ,
197 6 by t~ze following vote, to-o~it :
AYES: Councilmen
~JAYES: Councilmen
Egdahl, Hobel, Hamilton, Hyde
None
A3SEi1T : Counci Zmen SCOtt
Mayor o
A^1 TEST
City Clerk
STATE OF CALIFORi1IA )
COUNTY OF SA~.v DIEGO ) ss .
CITY OF CiiULA 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
that the same has not been amended or repealed.
DATED
City Clerk
(SEAL)
and
CC-660
LEGAL DESCRIPTION
OFF-SITE DRAINAGE EASEMENT
FJ(NIBIT
__Cti_.
County Assessors Parcel Number
575-060-07
Dennis J. and Connie L. Ord
O6~
An easement for drainage purposes, upon, over, and across that portion
of the Northwest Quarter of Quarter Section 114, Rancho de la Nacion
in the City of Chula Vista, County of San Diego, State of California,
according to Map thereof No. 166 filed in the Office of the County
Recorder, County Assessors Parcel No. 575-060-07, described as follows:
Beginning at the Northeast corner of said parcel; thence South
19°11'24" East, 74.00 feet; thence South 49°15'58"' West, 32.25 feet;
thence North 19°11'24" West, 103.69 feet; thence South 78°26'29" East,
34.91 feet to the POINT OF BEGINNING. Containing 2665.4+ square feet.
Together with the right to grade to drain outside of the above described
easement.
_.
oansir
LEGAL DESCRIPTION
OFF-SITE DRAINAGE EASEMENT
Lot 38, Telegraph Knolls, Map 3665
for Hilltop Vista
Elmer E. and Minnie Meyer
An easement for drainage purposes, upon, over, and across that portion
of Lot 38, Telegraph Knolls Subdivision according to Map thereof No.
3665 filed in the Office of the County Recorder of San Diego County,
described as follows:
Beginning at the Northwest Corner of said Lot 38; thence along the
North lot line South 78°26'29" East, 87.00 feet; thence leaving said
North lot line, South 49°15'58" West, 80.39 feet to a point on the
West lot line of said Lot 38; thence along the West lot line North
19°11'24" West, 74.00 feet to the POINT OF BEGINNING. Containing
2766.5+ square feet.
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