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HomeMy WebLinkAboutReso 1975-7636RESOLUTION NO. 7636 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERP'iIP1ZNG APJD DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR PUBLIC STREET PURPOSES TO BE KNOWN AS EAST "J" STREET, AND AUTHORIZING THE CO1"iMENCEMErdT OF CONDEMNATION PRO- CEEDINGS TO ACQUIRE SAID RIGHT OF WAY 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 established a tentative street right of way to be known as East "J" Street, and WHEREAS, the acquisition and development of said street right of way as an offsite improvement for the South Bay Villas Subdivision 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 4JHEREAS, it is necessary that Shattuck Construction Company, the developer of South Bay Villas, secure said right of way and install improvements thereon in accordance with specifi- cations of the City of Chula Vista, and WHEREAS, said Shattuck Construction Company, has been unable to acquire by negotiated purchase said necessary portion of the proposed right of way. raow, 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 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 reconstruc tion 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 hereinaf ter 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 Sar. 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 fig>ed 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 undertaken by an attorney to be retained by Shattuck Construction Company, the developer of South Bay Villas 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 Lind erg, City Atto ~~~ ~ ~ J • ~ LEGAL DESC'I;IPTIOPd, EAST "J" STREET' RIGI.T OF V'711Y SOiJTN EAX VILLAS SUI3DIVISIOPJ All that portion of the Southwest One Quarter of Quarter Section 70 of Rancho de la Nation, in the County of San. Diego, according to Map Ito. 166 on file in the office of the County Recorder of San Diego County, described as follows: beginning at the Southwest corner of said Quarter Section 70; thence along the V~iesterly line of said Quarter Section 70 North 18°04'05" Guest a distance of 193.42 feet to the Northeasterly corner of Lot 19 of San Simeon i;nit No. 1, according to Map there- of Pao . 6353 filed in the office of the County Recorder of San Diec;o County, May 8, 1969; thence continuing along said Vlesterly line of ~?uarter Section 70 North 18°04'05" G~'est a 'distance of 92.94 feet to the Southeasterly corner of Lot 86 of San Simeon L'nit PIo. 2, according to Itap thereof Ito. 64&9 filed in the office of the County Recorder of_ :Ian Diego County September 25, 1969, being also a point on a non-tagent 460.00 foot radius curve concave North- easterly, whose center bears north 15°21'52" Last; thence Easterly along the arc of said curve through a central angle of 15°32'52" a distance of 124.33 feet; thence tangent to said curve Plorth 39°49' 00" East 429.36 feet to tY~e G'7esterly line of that pcrtion of land conveyed by San Diego Land Company to Southern California t4ountain Vlater Company by deed dated Fpril 11, 1912, and recorded in }300}: 510 Page 113 of deeds, being also a point on a non-tangent 366.43 foot radius curve concave Northeasterly, whose center bears Ilorth 32°40'20" East; thence Southeasterly along said i~lesterly line and along the arc of said curve througl: a central angle of 2°25'45" a distance of 15.54 feet; thence tangent to said curve and along laic; V~esterly line South 59°49'25" East a distance of 115.83 feet to the Southerly line of said Quarter Section 70; thence along said Southerly line South 71°43'05" ~^7est 607.94 feet to the TRUL' POINT OF LFGIP.TIIP3G . Contains 2.309 acres. Revised 2/17/75 A.P.b1. --- ,y ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of February , 197 5, by the following vote, to-wit: AYES : Councilmen NAYES : Councilmen ABSENT: Councilmen -/`.~ ,~ ~ Mayor of the City of Chula Vist ATTEST r~ ~~~ ~~~~. ~"~~~ ~~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. I, JENNIE 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 and that the same has not been amended or repealed. DATED (SEAL) CC-660 Scott, Hobel, Hamilton, Hyde, Egdahl None None City Clerk ~'