HomeMy WebLinkAboutReso 2000-045- RESOLUTION NO. 2000-045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING
CONDEMI'4ATION AND IMMEDIATE POSSESSION OF
CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND
PERMANENT AND TEMPORARY SLOPE AND DRAINAGE
EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS
FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02
CTM 97-02") FOR THE OTAY RANCH PASEO AND PARK
PROJECT
WHEREAS, the City of Chula Vista is a Charter City of the State of California; and
WHEREAS, in connection with its municipal purposes, it appears necessary for the City of
Chula Vista to acquire certain fee simple, and permanent and temporary slope and drainage easement
interests (referred to herein collectively as "Project") to satisfy off-site conditions for TM 97-02 for
the Otay Ranch Paseo and Park Project; and
WHEREAS, public interest, convenience and necessity require the acquisition of fee simple,
and permanent and temporary slope and drainage easement interests to satisfy off-site conditions for
TM 97-02 for the Project in the real property more particularly described and depicted on Exhibit
"A" thereto, on file in the City Clerk's Office; and
WHEREAS, a Final Environmental Impact Report, and addendum for the Project, complying
with the California Environmental Quality Act were approved by City Council on June 3, 1997, by
its Resolution No. 18686; and
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real properties, and fee simple, and permanent and temporary slope and
drainage easement interests therein, are necessary for the Project; and
WHEREAS, said real properties are located entirely within the territorial limits of the City
of Chula Vista; and
WHEREAS, the City of Chuia Vista is authorized to acquire said real properties, permanent
and temporary slope, and drainage easement interests therein by eminent domain pursuant, inter alia,
to California Constitution Article 1, Section 19; California 6ovemment Code Sections 37350.5,
38002, 38010, 38900, 39732, 40401, 40404, and 66410, et seq.; Califo~ia Code of Civil Procedure
Sections 1240.010, 1240.110, 1240.120, and 1255.410.
Resolution 2000-045 ~
Page 2
WHEREAS, offers to purchase the required interests in the real properties necessary for the
Project have been made to the owners of record pursuant to Section 7267.2 of the California
Government Code which offers have not been accepted; and
WHEREAS, the City of Chula Vista has provided notice to the persons designated in Section
1245.235 of the Code of Civil Procedure, and has provided all such persons a reasonable opportunity
to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure.
NOW THEREFOR, BE IT RESOLVED that the Council of the City of Chula Vista finds and
determines and hereby declares, by a vote of not less than two-thirds of its members, as follows:
1. That the above recitations are true and correct;
2. The staff report and all evidence presented at the public hearing for this matter have
been reviewed and considered.
3. That the public interest, convenience and necessity of the City of Chula Vista and the
inhabitants thereof require the improvements and appurtenances thereto in
connection with the Otay Ranch Paseo and Park Project. '
4. That the improvements and appurtenances thereto to be constructed upon, over,
under, along, and across the real property described and depicted in Exhibit "A"
thereto have been planned and located in the manner which will be most compatible
with the greatest public good and the least private injury.
5. That the real property, fee simple, and permanent and temporary slope and drainage
easement interests therein, are described and depicted in Exhibit "A" thereto, are
necessary for the proposed Project.
6. That offers, as required by Section 7267.2 of the Califomia 6ovemment Code, have
been made to the owners of record of the property to be acquired, and the notice and
opportunity to appear before the City Council as required by Section 1245.235 of the
California Code of Civil Procedure have been given.
7. That the City of Chula Vista and all appropriate officers, representatives and
attorneys are hereby authorized and directed to acquire the real property described
and depicted in Exhibit "A" thereto, in the name of and on behalf of the City of
Chula Vista, and to that end are hereby authorized and directed to commence and
prosecute an action in eminent domain for the purpose of acquiring said real property
and fee simple, and permanent and temporary slope and drainage easement interests
therein and to obtain an order for immediate possession in the manner provided by -
law.
- Resolution 2000-045
Page 3
Presented by Approved as to form by
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of February, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Moot
Shirley Horton, ff/Iayor
ATTEST:
Susan Bigelow, City Cl~rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2000-045 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council hela on the pt day of February, 2000.
Executed this 1st day of February, 2000.
Susan Bigelow, City Clerk