HomeMy WebLinkAboutAgenda Statement 1976/03/23 Item 13
ITEM TITLE
CITY OF CNULA VISTA
COUNCIL AGENDA STATEMENT
#8097:
RESOLUTIONf
FOR ACQUIRING
THIRD AVENUE
CONDEMNATION
SUBMITTED BY~ Director of
DETERMINING AND DECLARING
ADDITIONAL RIGHT OF WAY AT
AND "J" STRiET AND AUTHORIZ
PROCEEDINGS TO ACQUIRE SAID
Public Works/City Engineer
ITEM EXPLANATION
On March 26, 1974, the City Council accepted a report from the Director of
Public Works for the overlay of "J" Street and modification of the easterly
curb returns at the intersections of 5th, 4tn and 3rd Avenues. The scope
of the project is to modify the curb returns to make the new drainage
inlets which were installed at the ultimate curb location, operable.
The overlay of "J" Street is being done to restore the surface of the pave-
ment to good riding quality, which has deteriorated from long use and
recent construction for the installation of the "J" Street storm drain.
The Engineering Division has completed the design plans for the project.
The plans include the modification of the curb return at the northeast
corner of 3rd Avenue and "J" Street. The curb along 3rd Avenue and "J"
Street at this corner is being relocated to its ultimate location (32
feet from centerline}, and the radius of the existing curb return is being
increased to 30 feet. Sidewalk ramps for the handicapped and sidewalk
are also being constructed. An additional 103 square feet of right of way
must be acquired from Russell J. and Joyce R. Taylor, owners of the property
at 695 Third Avenue (Tax Assessor's Parcel No. 573250-11} to accommodate
the modification and new construction at this corner.
On January 2, 1976, the Engineering Division received an appraisal report
from Gerald S. Kibbey, Real Estate Appraiser, for tine 103 square feet of
right of way to be acquired from the Taylors. Mr. Kibbey has estimated
continued on Supplemental Page 2
tXHlt31 15 1\ I I ALI-itU
Agreement Resolution X Ordinance Plat X Other
Environmental Document: Attached Submitted on
STAFF RECOMMENDATION:
City Council adopt resolution determining and declaring
for acquiring additional right of way at the northeast
Avenue and "J" Street, and authorize the City Attorney
tion proceedings to acquire said right of way.
BOARD/ COMMISSION RECOMMENDATION:
COUNCIL ACTION:
AppROV~D
ITEM NO
13
FOR MEETING OF: 3 23 76
THE PUBLIC NECESSITY
THE NORTHEAST CORNER OF
ING THE COMMENCEMENT OF
R/IGJHT OF WAY
4v
.~
by the
City Council
of
Chula Vista, California
3- ~~, ~G ....~...
Dated...... ......... ....... .
the public necessity
corner of Third
to commence condemna-
J ~ Form A-113. (Rev 5-75)
Supplemental Page 2
' Agenda Item No. 13
the land to have a value of
that the fair market value
December 31, 1975.
$5.75 per square foot, and it is his opinion
of the part to be taken is $600 as of
On January 6th, 7th, and 20th, 1976, Mr. Taylor was personally contacted
by Mr. Dewey Hughes of tiie Engineering staff to discuss the City's
acquisition of the right--of-way needed by the City. Mr. Hughes made an
offer to Mr. Taylor in the amount of $600 for the 103 square feet of
property. The City's offer of $600 was refused in every instance.
Mr. Taylor was contacted again on March 10, 1976, and he indicated that
he had not changed his mind and was not willing to accept the City's offer
of $600, the appraised value for the rightrof-way.
I,t is the Engineering staff's opinion that further time spent trying
to negotiate a settlement with Mr. Taylor would not be productive. In
that this additional right--of~-way is necessary to the project and that
further delay to the project is detrimental to the public interest, I am
recommending that the City commence condemnation proceedings to acquire
the needed right of way.
If the City does not acquire this additional right of way, the alternative
is to construct a 25' curb return without sidewalk. This would mean that
pedestrian traffic would have to trespass on private property or walk in
the street, which is not advisable or safe at this particular intersection.
A transparency is available for Council viewing.
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