HomeMy WebLinkAboutReso 1987-13117 CI'IY OF
CHULA VISTA
Resolution #13117:
Prior to Council meeting on june 23, 1987,
authorizing attorney to commence eminent
domain proceedings, the grants of easements
were signed.
RESOLUTION NO. 13117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF
THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT
ACROSS THE PROPERTY LOCATED AT 980 BROADWAY FOR THE
CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL
PROJECT AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE
EMINENT DOMAIN PROCEEDINGS
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista:
1. That a temporary construction easement shall be
taken across the property at 980 Broadway (Assessor Parcel No.
618-010-17) for construction of the Telegraph Canyon Creek Flood
Control Channel pursuant to the City's eminent domain powers as
set forth in California Code of Civil Procedure Sections 1230.010
et seq.
2. The property to be taken includes 3,700 square feet
running along the border of the parcel at 980 Broadway belonging
to Martha C. Griffith, Trustee, as further depicted on Exhibit
3. The City of Chula Vista has found and determined
each of the following:
A. THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
PROPOSED PROJECT.
The Telegraph Canyon Creek Flood Control Channel project
includes the construction of (1) a 0.7 mile-long
rectangular concrete-lined channel from a point about
500 feet upstream from Fourth Avenue to 0.3 miles
upstream from Interstate 5; (2) a 0.3 mile-long section
consisting of double 10 x 12 foot boxes of covered
channel connecting the rectangular channel to the
existing 0.2 mile culvert under Interstate 5, which will
be incorporated into the project; (3) a 0.3 mile long
concrete trapezoidal channel downstream from Interstate
5; and (4) a 0.1 mile long earh bottom trapezoidal
channel leading into the San Diego Bay. This resolution
of condemnation is for the acquisition of right of way
to construct the covered portion of the project between
-1-
400' easterly of Broadway and Industrial Boulevard (item
2). These facilities will provide protection from a 100
year flood to urban developments along about 1.6 miles
of the Telegraph Canyon Creek.
The widespread flood control that will accrue to the
property owners, occupants and motorists in the area
greatly outweigh the relatively minor inconvenience and
property cost caused by the right of way acquisition and
construction activities.
B. THE PROPOSED PROJECT IS PLANNED AND LOCATED IN THE
MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD
AND LEAST PRIVATE INJURY.
The overall project alignment generally follows the
existing natural bed of the Telegraph Canyon Creek,
except in the covered portion of the project, which was
realigned to accommodate both Engineering requirements
and public input. Citizen participation has been an
important ingredient in the formulation of the project.
The Telegraph Canyon Creek Citizen Advisory Committee
was formed on September 20, 1972 to assist the Corps of
Engineers in the development of alternative solutions to
the flood problems on Telegraph Canyon Creek. Several
public hearings were held between 1972 and 1975.
Subsequent to these meetings the advisory committee
recommended a combination structural and non structural
solutions. The solution selected for construction is
based on the advisory committee recommendations and is
the result of an assessment and evaluation of detailed
plan alternatives conducted by the Corps of Engineers.
The evaluation included factors such as: cost, type,
location, extent, environmental considerations and
social effects associated with the construction of each
alternative studied. The study is summarized in the
Detailed Project Report (DPR) for the project and the
accompanying Final Environmental Impact Statement (EIS)
dated July 1983.
The DPR & EIS was revised in November 1986 by the Corps
of Engineers to describe the project realignment
requested by the City and shifting the covered portion
of the project southerly of the creek's natural bed.
The realignment was needed to:
(1) Eliminate the construction of 15+ feet high walls
found to be disruptive to the community; and
(2) Reduce the project's cost.
-2-
t:?i7
C. THE PROPERTY DESCRIBED IS NECESSARY FOR THE
PROPOSED PROJECT.
Right of way requirements for the project are based on
the geometric design of the drainage improvements and
the existing development restraints. The location of
the improvements require that access (temporary)
easements be obtained to provide reasonable construction
areas to the contractor.
The right of way plans were prepared by; the corps of
Engineers and approved by the City of Chula Vista
Engineering Division. In addition, the Chula Vista
Planning Department on July 23, 1985 completed a review
of the location, purpose and extent of the proposed
project and determined that its location, purpose and
extent are in conformity with the goals, objectives and
policies of the Chula Vista General Plan.
3. A good faith offer for acquisition of the property
as required by Section 7267.2 of the Government Code has been
made to the owners of record and has been rejected.
4. That the City Attorney 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 as 980 Broadway (Assessors Parcel No.
618-010-17) 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 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 a manner as the court
may direct and to incur on behalf of the City of Chula Vista all
reasonable and necessary expense in the prosecution of a suit or
suits to condemn said real property.
Presented by Approved as to form by
P~orks/City Engineer ~~
3049a
-3-
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 23rd day of June
19 87 , by the following vote, to-wit:
AYES: Councilmembers Cox~ Moore, Nader, Malcolm, McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Cound ] members None
~Chula Vista
ATTEST ~ ~-
~" "' City CleFk
5,~TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thot the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 131].7 ,and thot the some hos not been omendad or repealed
DATED
City Clerk
CI'P/OF
CHULA VISI'A
CC-660
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STATEMENT OF FACTS
SUPPORTING FINDINGS IN RESOLUTION OF NECESSITY
FOR THE TELEGRAPH CANYON CREEK FLOOD CONTROL PROjECT
1. The Public Interest and Necessity Require the Project
The Telegraph Canyon Creek Flood Control Channel project includes the
construction of (1) a 0.7 mile-long rectangular concrete-lined channel
from a point about 500 feet upstream from Fourth Avenue to 0.3 miles
upstream from Interstate 5; (2) a 0.3 mile-long section consisting of
double 10 x 12 foot boxes of covered channel connecting the rectangular
channel to the existing 0.2 mile culvert under Interstate 5, which will be
incorporated into the project; (3) a 0.3 mile long concrete trapezoidal
channel downstream from Interstate 5; and (4) a 0.1 mile long earth bottom
trapezoidal channel leading into the San Diego Bay. The attached
resolution of condemnation is for the acquisition of right of way to
construct the covered portion of the project between 400' easterly of
Broadway and Industrial Boulevard (item 2). These facilities will provide
protection from a 100 year flood to urban developments along about 1.6
miles of the Telegraph Canyon Creek.
The widespread flood control that will accrue to the property owners,
occupants and motorists in the area greatly outweigh the relatively minor
inconvenience and property cost caused by the right of way acquisition and
construction activities.
2. The Proposed Project is Planned and Located in the Manner that Will be
Compatible with the Greatest PUD)lC Good and Least Private Injury
The overall project alignment generally follows the existing natural bed
of the Telegraph Canyon Creek. Except in the covered portion of the
project, which was realigned to accommodate both Engineering requirements
and public input. Citizen participation has been an important ingredient
in the formulation of the project. The Telegraph Canyon Creek Citizen
Advisory Committee was formed on September 20, 1972 to assist the Corps of
Engineers in the development of alternative solutions to the flood
problems on Telegrpah Canyon Creek. Several public hearings were held
between 1972 and 1975. Subsequent to these meetings the advisory
committee recommended a combination structural and non structural
solutions. The solution selected for construction is based on the
advisory committee recommendations and is the result of an assessment and
evaluation of detailed plan alternatives conducted by the Corps of
Engineers. The evaluation included factors such as: cost, type, location,
extent, environmental considerations and social effects associated with
the construction of each alternative studied. The study is summarized in
the Detailed Project Report (DPR) for the project and the accompanying
Final Environmental Impact Statement (EIS) dated July 1983.
-2-
The DPR & EIS was revised in November 1986 by the Corps of Engineers to
describe the project realignment requested by the City and shifting the
covered portion of the project southerly of the creek's natural bed. The
realignment was needed to:
a) Eliminate the construction of 15+ feet high wal]s found to be
disruptive to the co~wnunity; and
b) Reduce the project's cost.
3. The Property Described in the Resolution is Necessary for the Proposed
Project
Right of way requirements for the project are based on the geometric
design of the drainage improvements and the existing development
restraints. The location of the improvements require that access
(temporary) easements be obtained to provide reasonable construction areas
to the contractor.
The right of way plans were prepared by the Corps of Engineers and
approved by the City of Chula Vista Engineering Division. In addition,
the Chula Vista Planning Department on July 23, 1985 completed a review of
the location, purpose and extent of the proposed project and determined
that its 1 ocation, purpose and extent are in conformity with the goals,
objectives and policies of the Chula Vista General Plan.
RS:ljr/yc
(BiO:FACTS)
NOTICE OF CONSIDERATION OF ACQUISITION
OF PROPERTY THROUGH EMINENT DOMAIN
YOU ARE HEREBY ADVISED that the City Council of the City
of Chula Vista on Tuesday, June 23, 1987, at 7:00 p.m., shall
hold a hearing to determine whether to adopt a Resolution of
Intent to Acquire Property through Eminent Domain. Upon adoption
of the Resolution, the City Council of the City of Chula Vista
has the right to proceed in a court of competent jurisdiction to
acquire the property described in the document IExhibit A). Your
property is the property described in Exhibit A.
You have the right under California law to appear at the
hearing scheduled at the time set forth above and offer testimony
as to: IA) whether or not the public interest and necessity
requires the acquisition of your property for the particular
project contemplated; (B) whether that project is planned and
located in a manner which will be most compatible with the most
public good and the least private injury, and (C) whether the
property considered for acquisition by the City is necessary for
the project.
The City Council of the City of Chula Vista will not
provide an opportunity for you to appear and to speak concerning
the matters above unless you, or your representatives, file
within fifteen (15) days of the date of this notice, a request to
appear and speak to the issues set forth above. Unless evidence
is presented which advises not 9oing forward with the acquisition
of property for the project, the City Council of the City of
Chula Vista will adopt a Resolution of Intent to Condemn.
If you wish to appear and comment on this matter, you
are hereby urged to file a written notice with the City Clerk's
office requesting an opportunity to speak on the issues or to
have a personal representative of yours speak.
DATED: June 4, 1987 C.t~y~A~tjO~~
RRON
0591a
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel
No. 618-010-17
Parcel No. 87-0182-A (5-26-87) (WAR:DMW:cd)
A temporary construction easement for the purpose of operating
construction equipment and vehicles; for the temporary storage of
building material and equipment necessary for the construction of a
flood control channel and its appurtenances; for temporary storage of
spoil or excavated material during the period of construction of said
flood control channel and for any other operations necessary and
incident to the construction of said flood control channel over and
across the Northwesterly 10.50 feet of Parcel 1 of Parcel Map No.
5153 in the City of Chula Vista, County of San Diego, State of
California according to Parcel Map thereof on file in the Office of
the County Recorder of the County of San Diego.
WHEN RECORDEO, PLEASE MAIL1 8
I, TH:-S INSTRUMENT TO= ~ J 390 RECORDE~E~i~
· ~m~u~;~ ~EOUE~ OF FIll AM~IC/VM
City Clerk 1 0
City bf Chula Vista 1
I 2!~Fourth Avenue 1 198700T1~
>a Vista, California 92010 1
C~"c/L/P--~3 TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-010-17 W.O. No.: TRO056
Parcel No.: 87-0182-A
Log No.: 8704-01
MARTHA C. GRIFFITH, trustee under ,Declaration
of Trust dated December 4, 1973, wherein Caroline Bransztet is Trustor
For a valuable consideration does hereby GRANT to the CITY OF CHULA VISTA a temporary
Construction Easement in the County of San Diego, State of California:
Parcel No. 87-0182-A {5-26-87} {WAR:DMW:cd)
A temporary construction easement for the purpose of operating construction
equipment and vehicles; for the temporary storage of building material and
equipment necessary for the construction of a flood control channel and its
appurtenances; for temporary storage of spoil or excavated material during
the period of construction of said flood control channel and for any other
operations necessary and incident to the construction of said flood control
channel over and across the Northwesterly 10.50 feet of Parcel 1 of Parcel
Map No. 5153 in the City of Chula Vista, County of San Diego, State of
California according to Parcel Map thereof on file in the Office of the
County Recorder of the County of San Diego.
Grantee shall, upon completion of construction of the flood control channel,
and upon application of the Grantor, deliver, at no cost to Grantor, an
executed Quitclaim Deed for the land described above as a temporary
construction easement.
/
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council
Resolution No./~/2~, adopted on July 21, 1987, and the Grantee
· ~ GREGORY~Nv~ilCO AY~
/ ~ ~! M R
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) SS
On June 29., 1987 . , before me, ROBERT D. ZUMWALT, County
Clerk and ex-officio Clerk of the Superior Court in and for said County
and State, which is a court of record having a seal, personally
appeared Martha C. Gri ffi th
ic in and for
and proved to me on the bas~s of satisfactory e~idence to' be the
person(J) whose hameFt) is (~!~) subscribed to the within instrument ~Ubscribed to
and acknowledged that s he executed the same. ~me.
WITNESS my hand and official seal.
ROBERT D. ZUMWALT
County Clerk and ex-officio Clerk
of the Superior Court
By ~Depu~/~
Betty Burt
Name (Typed or Printed)
Telegraph Canyon Flood
Project: Control Project
Parcel #: 87-0182A
' W.A.: TRO056.
Fed. No.: None
Griffith
STATEMENT OF JUST COlt~ENSATION
Pursuant to the Chula Vista Cit~ Council
' i'Authority) '
City of Chula Vista
(Acquiring Agency)
is now in the process of acquiring private property necessary for a flood
control facilitv . It is necessary to acquire your property, since it
is within the prbjec~ area.
We wish tobyour property subject to acceptable existing easements
or restrictions of record and excepting the following interests which will not
be acquired and for which no value is included in our estimate of just
compensation:
None
In compliance ~ith 'applicable federal, state and local laws and
regulations, an estimate of just compensation has been made for the interest to
be acquired in your property {see "Legal Description" attached as Exhibit A).
This amount is based upon an approved appraisal and is not less than the
appraiser's opinion of fair market value which he or she determined after a
personal inspection of your property. You or your 'representative wer/z/(given an
opportunity to accompany the appraiser. The just compensation is $ -,/~)O,~
Just compensation includes amounts of the land, improvements, severance
damages, if any, and other elements as follows:
LAND (Temporary easement) $ 2:lOfi tiff
IMPROVEMENTS:
BUILDINGS $ 10,800.00
MISC. IMPROVEMENTS $ 1~200.00
SEVERANCE DAMAGES $ ~
OTHER: $ ~
TOTAL $ 14,100.00
Fair market value is defined as the highest price which the property will
bring if exposed for sale on the open market, with a reasonable time allowed to
find a purchaser, buying with full knowledge of all the uses and purposes to
which it is adapted and for which it is capable of being used.
The appraisal takes into consideration the location of your property, its
highest and best use, current land sales of properties similar to your property
and other indicators of value.
In determining just compensation, the appraiser has disregarded any
increase Or decrease in the market valuation caused by the public improvement
or project for which the property is to be acquired, or by the likelihood that
the property would be acquired for the improvement or project, other than that
due to physical deterioration within the reasonable control of the owner.
ACQ 10
I of 2
02/20/87
This Statement of Just Compensation does not include relocation assistance
or Compensation for loss of goodwill. If it is determined that you are
entitled to either of these items, you will receive compensation for more than
the amount stated above as compensation for the real property being acquired.
STATEMENT OF OWNER
I have read and understand the Statement of Just Compensation. There (are)
(are not) persons living on the property. There (are) {are not) businesses
being conducted on the property by others. {List below if such businesses are
being conducted on the property). My signature below does not necessarily
imply that I agree with the amount of just compensation stated above.
Signed Signed
(Agency Representative) (Owne~)
(Owner)
Date Date
ACQ 10
2 of 2
02/20/87
IHI~ INSTRUMENT TO: 1
1
Cit? Clerk 1
City of Chula Vista 1
276 Fourth Avenue 1
Chula Vista, California 92010 1
~ 1
,dTRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-010-17 W.O. No.: TRO056
Parcel No.: 87-0182-A
Log No.: 8704-01
MARTHA C. GRIFFITH, trustee under .Declaration
of Trust dated December 4, 1973, wherein Caroline Bransztet is Trustor
For a valuable consideration does hereby GRANT to the CITY OF CHULA VISTA a temporary
Construction Easement in the County of San Diego, State of California:
~arcel No. 87-0182~ (5-26-87) (WAR:DMW:cd)
A temporary construction easement for the purpose of operating construction
equipment and vehicles; for the temporary storage of building material and
equipment necessary for the construction of a flood control channel and its
appurtenances; for temporary storage of spoil or excavated material during
the period of construction of said flood control channel and for any other
operations necessary and incident to the construction of said flood control
channel over and across the Northwesterly 10.50 feet of Parcel I of Parcel
Map No. 5153 in the City of Chula Vista, County of San Diego, State of
California according to Parcel Map thereof on file in the Office of the
County Recorder of the County of San Diego.
Grantee shall, upon completion of construction of the flood control channel,
and upon application of the Grantor, deliver, at no cost to Grantor, an
executed Quitclaim Deed for the land described above as a temporary
construction easement.
Dated this day of
MARTRA CL GRI~TH, trustee'
STATE OF )
County of ...... )
On ,19 before me, the undersigned a Notary Public in and for
said'County a~d'S{ate,'p~r~6nally appeared
known to me to be the person who~e'name' subscribed to
the within instrument, and acknowledged that' ' ex~t~d th~ ~ame.
,~itness my hand and official seal.
Not&ry Pu61~c in and'f6r'~a~d Cou6{y and S{a~e