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Home My WebLink AboutReso 1972-6527RESOLUTION NO. 6527 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING PUBLIC NECESSITY OF ACQUIRING RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES AND AUTHORIZING 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 established a tentative street right-of-way to be known as Brandywine Avenue, and WHEREAS, the acquisition and development of said street right-of-way is essential for the development of the proposed Community Hospital of Chula Vista for the development of the proposed Community Hospital in order to provide necessary frontage on a dedicated public street. WHEREAS, it is necessary that Community Hospital of Chula Vista secure said right-of-way and install improvements thereon in accordance with specifications of the City of Chula Vista, and WHEREAS, Community Hospital of Chula Vista has been unable to acquire by negotiated purchase said necessary portion of the proposed Brandywine Avenue right-of-way. NOW, THE BEFORE, 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 necessary therefor and that such public improvement is planned and located 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, operation, main- tenance, 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. 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 purpose of laying out, excavating, operating, repairing, and for the purpose of excava- tion and embankment thereof, by donation or purchase 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 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 in such manner as the Court may direct, and to incur on behalf of the City of Chula Vista all reason- able and necessary expenses in the prosecution of a suit or suits to condemn said real property. Presented by Approved as to form by ~ '~ ~~r• ~ ,~~~ ~C/~ r~ ,~ , v _ : -~ cti ~ = :mac ~': George Lindberg, City Attor George Dxr Lindberg, City Attorn ;~~a~ ADOPTED AI~TD APPROVED. BY 'z'HE CITY COUNCIL OF THE CITY OF CIiULA V1,STA, CALIFOF~IA, this 25th day of July , 197 ?, by the fallowing ~c~t:e, to-wit: AYES: CaunCti~mert Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : C a un C~C ~m e n None ABSENT: Caus2C~.-2m~ci2 None _, ~ . ~,! r / ~ . .r , _. ~ ; Mayon o 4 ~ e C~.~ y o b C u.~a V.c~S ., ATTEST ~, t--~-c; ~~~ ~~,.~ C.c.~y C ` en STATE OF CALIFORNIA ) COUNTY OF SARI D?'EGO ') ss e CITY OF CHULA VISTA ) ~, .l~~NNI~ Mo ~UL.ASZ, C~.~y C.~enh a~ .the C~.~y o~~Chu.~a V~,~xa, Ca.~~.~onntia, DU N~R~BY C~RTI~y ~ha~ .the abo~~ and. ~arcego~.ng ~,~ a ~u.~.~, ~nue and connect cony o~ and ~G:a.t the .came hay nab been amended on ne~ea.~edo ~~r~~: cxzy c en rr~-,: ~ C1L~Af.7r~ ~IJ~~F1 lJ iw.7 '& L~J~Ad~®~~~ t.... ,_.. _ A ~~ Civil l:n~;ineerinl; • Land Surveying; • Land Plazixiing ~h,., ... ~~~ 2(ill Adams Ave. • Satz Diego, California ~J2116 __-, James W. Craig ~~ ~ , R.C.E. 9136 Raymond J. Qulthuis __ ~ ' ~~ R.C.E. 13745 William R. Nothomb ~ L.S. 2813 I ', ~ ! • ~ 297-3974 W.O.# 1171 July 19, 1972 COMMUNITY HOSPITAL - CHULA VISTA Legal Description for_ Acquisition of Right of Way for Brandywine ~, Chula Vista f All those portions of Quarter Section 67 and Quarter Section 68 of Rancho de la Nacion in the County of San Diego, State of California, according to Map there of No. 166 filed i.n the Office of the County Recorder of San Diego County, described as follows: Beginning at a point on the Wes-~.erly line of the Easterly half- of said Quarter Section. 67 distant thereon South 17°53'14" East 990.00 feet from the Northerly line of said Quarter Section 67; thence South 72°10'46" West 44.82 feet to the beginning of a tangent 472.50 foot radius curve concave Northerly; thence along the arc of said curve through a central angle of 26°35'43" 219.32 feet to the begin- ning of a compound 22.50 foot radius curve concave Northeasterly; thence along the arc of said curve through a central angle of 86°4Q'36" 34.04 feet to a point on a 840.00 foot radius curve concave Westerly, the center of cahich bears North 84°32'55" West; thence along the arc of said curve through a central angle of 21°06'05" 309.36 feet; thence tangent to said curve North 15°39'00" West 445.00 feet to the beginning of a tangent 760.00 foot radius curve concave Southeasterly; thence along the arc of said curve through a central angle of 60°08'00" 797.64 feet; thence tangent to said curve North 44°29'00" East 250.00 feet to the beginning of a tangent 840.00 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 18°13'06" 267.10 feet; thence tangent to said curve North 26°15'54" East 98.00 feet to the beginning of a tangent 22.00 fcot radius curve concave Southeasterly; thence along the arc of said curve through a central ancxle of 90°00'00" 34.56 feet to a point on the Southerly Right of Way line of Telegraph Canyon Road (R.S. 1086) said point bears South 26°15'54" West 30.00 feet from Station 117-+-84.77 on said R.S. 1086; thence along said Southerly Right of Way Line North 63°44'06" West, (shown as South 64°08'30" East on said R.S. 1086), 124.00 feet to the beginning of a non-tangent 22.00 foot radius curve concave Southwesterly, the center of which bears South 26°15'54" West; thence along the arc of said curve through a central angle of 90°00'00" 34.56 feet; thence tangent to said curve South 26°15'54" West 98.00 feet to the beginning of a tangent 760.00 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 18°13'06" 241.66 feet; thence tangent to said curve South 44°29'00" bv'est 250.00 feet to the beginning of a EXH~RIT ~ • ~1~I~IG, 1~-C.J~'~~UI~ c4L NO'I'•k3®Ii~~ '. i '~• 'Civil Engineering • Lund Surveying • Lund Planning ~. 2E;11,Adams Ave. • San Diego, California 921.16 ~- -- w.o. # 1171 Chula Vista Community Hospital - Legal Description, continued 297-3974 tangent 840.00 foot radius curve concave Southeasterly; thence along the arc of said curve through a central angle of 60°08'00" 881.60 feet; thence tangent to said curve South 15°39'00" East 445.00 feet to the beginning of a tangent 760.00 foot radius curve concave westerly; thence along the arc of said curve through a central angle of 27°44'53" 368.06 feet; thence along the prolongation of a radial line to said curve South 77°54'07" East 80.00 feet to the beginning of a non-tangent 22.50 foot radius curve concave Southerly, the center of which bears South 77°54'07" East; thence along the arc of said curve through a central angle of 86A40'36" 34.04 feet to the beginning of a reverse 527.50 foot radius curve; thence along the arc of said curve through a central angle of 26°35'43" 244.85 feet; thence tangent to said curve North "72°10'46" East 44.88 feet to said westerly line of the Easterly half of Quarter_ Section 67; thence alone said ~tiTesterly line North 17° 53'14" West 55.00 feet to the point of beginning. Contains 4.603 acres. See City of CHula Vista Dracaing entitled Street Dedication Brandywine f~=~= and Unnamed Street . ` ~. ~~ ~f C ~ ' ~! D /1 /iL/r9 ne~~ r'~' ~~r~ Q, y ~~ ~' ~~~~ _ . James ~N. Craig R.C.E. 9136 Raymund J. Qulthuis R.C.E. 13745 William R. Nothomb L.S. 2813 l y r' l ~ ~ .~ elf