HomeMy WebLinkAboutReso 1974-7524RESOLUTION NO. 7524
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING PUBLIC NECESSITY OF
THE ACQUISITION OF PROPERTY OWNED BY LEAH SHAPOV FOR
THE BRISBANE AVENUE RIGHT-OF-WAY REALIGNMENT AND AUTHOR-
IZING THE COMMENCEPQENT 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
acquisition and taking of certain real property for street and right-
of-way purposes for the installation, construction, operation, mainten-
ance, repair, replacement reconstruction of streets, curbs, sidewalks,
shoulders, and utility conduits, sewer 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, 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 hereby authorized,
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 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 tYie City Attorney of the City of Chula Vista be,
and he is hereby authorized and empowered to prepare and prosecute
each 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
necessary expenses in the prosecution of a suit or suits to condemn
said real property.
Presented and Approved by
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George. L ndberg, City Atto ey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 12th day of November , 197, by
the following vote, to-wit:
AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of the City of C ula Vi a
ATTEST
City Cler~
STATE OF CALIFORNIA )
COUNTY OF 5AN DIEGO ) ss.
CITY OF CHULA VISTA )
I, , City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. , and that the same has
not been amended or repealed. DATED
City Clerk
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Re: Leah Shapov
The following described real property in the City of Chula Vista,
County of San Diego, State of California, more particularly described
as:
That portion of the southerly half of Lot 3 of Quarter Section 135 of
Rancho de la tlacion according to Pap thereof No. 166 filed in the Office
of the County F.ecorder, San Diego County, State of California, on Nlay 11,
1869 described as follows:
Beginning at the Southwest Corner of Lot 6, Block I of Sweetwater Valley
Industrial Park per Map thereof No. 4670, records of said County; thence
South 19°09'38" East, a distance of 19.80 Feet; thence North 70°50'22"
East, a distance of 30.00 Feet to the TRUE POIPdT OF BEGINNING; thence
South 18°59'35" East, a distance of 200.00 Feet; thence North 70°50'22"
East, a distance of 30.25 Feet to a point on a non-tangent curve, concave
northwesterly, having a radius of 110.00 Feet and whose center bears
North 86°42'51" West from said point; thence northerly along the arc
of said curve, through a central angle of 22°26'47", a distance of
43.09 Feet; thence North 19°09'38" West, tangent to said curve, a
distance of 158.00 Feet; thence South 70°50'22" West, a distance of
38.00 Feet to the TRUE POINT OF BEGINNING.
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