HomeMy WebLinkAboutReso 1976-8097RESOLUTION NO. 8097
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING AND DECLARING THE PUBLIC
NECESSITY FOR ACQUIRING ADDITIONAL RIGHT OF WAY
AT THE NORTHEAST CORNER OF THIRD AVENUE AND "J"
STREET AND AUTHORIZING THE COMMENCEr4ENT OF CON-
DEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF
WAY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council has heretofore accepted a
report from the Director of Public Works for the overlay of "J"
Street and the modification of the easterly curb returns at the
intersections of 5th, 4th and 3rd Avenues, and
WHEREAS, it is necessary at the intersection of 3rd
Avenue and "J" Street to relocate the curb to its ultimate loca-
tion (32 feet from centerline), and the radius of the existing
curb return is being increased to 30 feet, and
WHEREAS, an additional 103 square feet of right of way
must be acquired from the owners of the property, and
WHEREAS, an appraisal in the amount of $600 has been
received from Gerald S. Kibbey, Real Estate Appraiser, for said
parcel which amount has been rejected by the property owners.
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 require the construction and completion of
a certain public improvement, namely a street right of way, upon,
through, over, under and across the real property hereinafter
described in this resolution.
2. That said property so hereinafter described is
necessary therefor and that such public improvement is planned
and located in the manner which will be most compatible with the
greatest public good and least private injury.
3. That the public interest and necessity require the
acquisition and taking of certain real property for street and
right of way purposes for the installation, construction, opera-
tion, maintenance, repair, replacement and reconstruction of
streets, curbs, sidewalks, shoulders, and utility conduits,
sewers 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 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 street and
right of way upon, through, under, over and across all and each
and every part of said hereinafter described real property is
necessary to such public use, and it is necessary that all and
each and every part of said real property be so acquired and
taken.
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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, attached hereto and incorporated herein by reference
as if set forth in full, and as shown on that certain drawing
designated as Exhibit B, attached hereto.
BE IT FURTHER RESOLVED that George D. Lindberg, City
Attorney for the City of Chula 'Vista be, and he is hereby autho-
rized, 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 of by condemnation in accordance with the provisions
of the Code of Civil Procedure of the State of California relating
to eminent domain, and to prepare 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 possession
of said real property, or any part thereof, and to make applica-
tion for an order permitting the said City of Chula Vista to take
immediate possession and use of said real 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 condemn said real property.
BE IT FURTHER RESOLVED that said George D. Lindberg,
City Attorney for the City of Chula Vista, is directed to file
the appropriate complaint in the pursuance of the condemnation
action authorized hereby.
Presented by Approved as to form by
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Wi liam J Ro ens, Director George D.~c~~erg, Ci y Attorn
of Public Works
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A .~
ADOP~i~ED A~~D APPROVED ~Y THE CITY COU~ICIL OF T~iE CITY OF
C~3ULA VISTA, CALIFORiJIA this 23rd day of March ,
1976 by the following vote, to-wit:
AYES : Counci Zmen Scott, Hobel, Hamilton Hvde Egdahl
~dAYES : Counci Zmen None
ADSEiJT : Counc2 Zmen None
Mayor of the City of C` uZa Vista
ATTEST
City CZer
STATE OF CALIFOR~JIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CiiULA VISTA )
I, JENNIE M. FULASZ, CMC, City Clerk of the City of Chula Vista,
California, DO HERESY 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
City CZer
CC-660
(SEAL)
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EXHIBIT
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSTS POL NO
TO 405.1 CA 15-131
-J Grant Deed L 573-250-11
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
The undersigned brantor(s) declare(s):
Documentary transfer tax is S
( ) computed on full value of property conveyed, or
( )computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of
,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Russel J. and Joyce R. Taylor
hereby GRANT(S) to
the City of Chula Vista, a municipal corporation,
the following described real property in the
County of San Diego ,State of California:
That portion of T3ot 14, Quarter Section 139 of Chula Vista according to
Map 505 and Record of Survey 7942 filed in the office of the county
recorder of San Diego County, more particularly described as follows:
Beginning at the Southwest corner of said Lot 14, being the TRUE POIi1~ OF
BEGINNIi1G; thence north 19°00'00" West a distance of 21.97 feet along the
Westerly line of said Lot 14 to a point on a tangent curve concave to the
Northeast; thence Southerly and Easterly along said curve through a cen-
tral angle of 89°55'59" a distance of 34.53 feet to a point on the
Southerly line of said Lot 14; thence South 71°04'01" West a distance of
21.97 feet to the TRUE POINT OF BEGINNING.
Dated
STATE OF CAIJFORNLA
COUNTY OF }SS.
On before) me, the under-
si~ned, a Notary Public in and for said State, personally appeared
, knoen to me
to be the person whose name subscribed to the within
instrument and acknnwled~ed IhaE executed the same.
WITNESS my hand and official seal.
Signnutre
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