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HomeMy WebLinkAboutReso 1974-7502RESOLUTION N0. 7502 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING PUBLIC NECESSITY OF THE ACQUISITION OF BRISBANE AVENUE RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES AND AUTHORIZATION FOR THE COMMENCEMENT OF CONDEMNATION 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 of the City of Chula Vista has heretofore considered various methods of realigning Brisbane Avenue between Fourth Avenue and North Glover Avenue in order to provide improved access to the area north of Trousdale Drive to serve the interests of the community, and WHEREAS, the City Council has directed the proceedings be undertaken to acquire said right-of-way to be known as Brisbane Avenue right-of-way, more particularly described in Exhibit "A" attached hereto and incorporated by reference. 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 the construction of a certain realignment of Brisbane Avenue, namely a street right-of-way to be known as the Brisbane Avenue realignment, upon, through, over, under and across the real property, more particularly described in Exhibit "A" attached hereto and incorporated by reference. 2. That said real property 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 least private injury. 3. That the public interest and necessity require the acquisi- tion and taking of certain real property for street and right-of-way purposes for the installation, construction, operation, maintenance, repair, replacement reconstruction of streets, curbs, sidewalks, shoulders, and utility conduits, sewer and water lines, and all structures in- cidental 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, 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 the City Manager be, and he is here~y authorized, empowered and directed to acquire said rea property for the purpose of laying out, excavating, operating, repairing, and for the purpose of excavation and embankment thereof, by donation or purchase or by condemnation in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain. 8. That the City Attorney of the City of Chula Vista be and he is hereby authorized and empowered to prepare and prosecute such suit or suits as are necessary to condemn, take and acquire said real property described in Exhibit "A" 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 application 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 such manner as the court may direct, and to incur on behalf of the City of Chula Vista all reasonable and neces- sary expenses in the prosecution of a suit or suits to condemn said real property. Presented and approved as to form by George Lindberg, City Attor. y ADOPTED AND A.PFROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 29th day of October 1974, by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen. Hyde /' l ~~~ ~• ~a~~~ ~ / ! 1 ~ :. Mayor of the City of Chula Vista ATTEST ~?~'l~~/ i~// ~~Y~19 ,~J~ City Clerk- STP_TEvOF CALIFCRNIA } COUNTY OF SAN DIEGO } ss. CITY CF ~FitILA VISTA } of Chula true and not been I, ~ Vista, California, DO HEREBY CERTIFY that correct copy of Resolution No. , amended or repealed. DATED City Clerk City Clerk of the City the above is a full, and that the same has ~~`~~Z ~, All of Lots 5 and 6 Map thereof No. 4670 Diego County, State portion of Lot 7 of . ~HI~IT ,=~ of Block I, Sweetwater Valley Industrial Park per filed in the office of the County Recorder, San of California on November 25, 1960 and also that said Block I described as follows: Beginning at the Northeast Corner of Said Lot 7; thence along the northerly lot line South 70°50'22" West, a distance of 22.00 Feet to the beginning of a tangent curve, concave southwesterly, having a radius of 22.00 Feet; thence southerly along the arc of said curve, through a central angle of 90°, a distance of 34.56 Feet; thence along the easterly lot line North 19°09'38" West a distance of 22.00 Feet to the Point of Beginning. o`i 2-~b~