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HomeMy WebLinkAboutReso 1975-7634RESOLUTION NO. 7634 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DFCLARITIG THE PUBLIC NECESSITY OF ACQUIRING CERTAITJ RIGHT OF WAY FOR PUBLIC STP,EET PURPOSES FOR AN UNNAMED OFFSITE ACCESS ROAD, AND AUTHORIZING THF, COP~`~ENCEbiENT OF CONDEMNATIOTI PRO- CEEDINGS TO ACQUIRE SAID RIGHT OF WAY The City Council of the City of Chula Vista does hereby resolve as follows: k~IEREAS, the City Council of the City of Chula Vista has established a tentative street right of way for an unnamed offsite access road, and WHEREAS, the acquisition and development of said street right of way as an offsite improvement for the Windsor Views Sub- division is essential to provide access to said subdivision as well as other surrounding areas that border upon and are served by said tentative right of way, and WHEREAS, it is necessary that ~ti'indsor Park Enterprises, Inc., the developer of Windsor Views, secure said right of way and install improvements thereon in accordance with specifica- tions of the City of Chula Vista, and WHEREAS, said Windsor Park Enterprises, Inc., has been unable to acquire by negotiated purchase said necessary portion of the proposed right of way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Il i/ 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 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 neces- sary therefor and that such public improvement is planned and lo- cated 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. - 1 - 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 in the 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 authorized, empowered and directed to acquire said real property for the pur- pose of laying out, excavating, operating, repairing, and for the purpose of excavation and embankment thereof, by donation or pur- chase 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; provided, however, that all matters involving said litigation beyond the preparation and filing of said complaint will be underta}>en by an attorney. to be retained by Windsor Park Enterprises, Inc., the developer of Windsor Views Subdivision, who shall also approve the appraiser to be selected by the City and shall bear full and total costs for both legal services and any special witnesses. Presented and Approved as to Form by - ,~ ~. " ~ ~ ~.= George Lindberg, City Attor 408--010 WINDSOR VIEWS 1=21-75 COLLECTOR ROAD DESCRIPTION FOR CONDEMNATION THOSE PORTIONS OF THE SOUTHWEST QUARTER OF QUARTER SECTION 63, AND THE NORTHWEST QUARTER OF QUARTEP. SECTION 64, IN RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION 63, THENCE ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION 63 NORTH 72°10'08'' EAST 658.96 FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 63; THENCE ALONG THE EASTERLY LINE OF SAID WEST HALF NORTH 17°53'49" WEST 307.23 FEET; THENCE NORTH 72°06'11" EAST 83.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 42.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°02'22" A DISTANCE OF 18.35 FEET; THENCE TANGENT TO SAID CURVE NORTH 47°03'49" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 68.00 FEET; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 208°03'33" A DISTANCE OF 246.93 FEET TO THE INTERSECTION WITH AN ARC OF ANOTHER CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE THROUGH SAID POINT OF INTERSECTION BEARS NORTH 76°36'33" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 13°30'35" A DISTANCE OF 117.89 FEET; THENCE TANGENT TO SAID CURVE SOUTH 00°07'08" EAST 123.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°03'00" A DISTANCE OF 45.06 FEET; THENCE TANGENT TO SAID CURVE SOUTH 86°10'08" EAST 52.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD, AS SHOWN ON ROAD SURVEY 1086, FILED IN THE OFFICE OF THE COUNTY SURVEYOR ON MAY 14, 1958; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°54'36" WEST 256.28 FEET TO THE SOUTHERLY LINE OF SAID QUARTER SECTION 63; THENCE ALONG SAID SOUTHERLY LINE NORTH 72°10'08" EAST 92.85 FEET TO THE TRUE POINT OF BEGINNING: -. . r ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of February , 1975 , by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Ham; 1 on,~ycP, Fgr~ahl NAYES : Councilmen None ABSENT: Ccunc2Zmen 1~Tnna ,~-7 ~ ~~~,~ Mayor of t3 ATTEST ~2~Z-~~i `~.c=~-~Q~ Cuty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. ty of `7 I, JENNIE M. FULASZ, City CZerk of the City of Chula Vista, C'aZifornza, 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 CZerk CC-660 r ~ ,f ~~ ~.