HomeMy WebLinkAboutReso 1971-5914
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RESOLUTION NO. 5914
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 PRO-
CEEDINGS 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 commenced a 1911 Act assessment proceeding known as Assess-
ment District 70-2 to provide for the widening and paving of a certain
street right-of-way known as Arizona Street, and
WHEREAS, there are now on file in the office of the City
Engineer certain maps, plans and drawings of the said proposed street
right-of-way shown on Improvement Plan No. 70-31D.
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 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. That the proposed location of said
street and right-of-way is shown on Improvement Plan No. 70-31D on
file in the office of the City Engineer.
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 more particularly described as follows:
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That portion of 5 acre Lot 25 of the Southwest Quarter
of Quarter Section 146 according to Record of Survey
Map No. 851 filed July 30, 1940 in the office of the
County Recorder, County of San Diego, State of Cali-
fornia, more particularly described as follows:
Beginning at the point of intersection of the Westerly
line of Quarter Section 146 and the Westerly extension
of the Northerly line of said Lot 25; thence North
71045'18" East a distance of 480.00 feet to the TRUE
POINT OF BEGINNING; thence South 18024'00" East a
distance of 20.00 feet; thence North 71045'18" East
a distance of 53.48 feet to the beginning of a tangent
curve concave Northwesterly having a radius of 47.50
feet and a central angle of 7053'22", whose center
bears North 18014'42" West; thence Northeasterly
through the arc of said curve a distance of 6.54 feet;
thence North 18024'00" West a distance of 19.55 feet;
thence South 71045'18" West a distance of 60.00 feet
to the TRUE POINT OF BEGINNING.
Said real property for street right-of-way purposes which may be
acquired by immediate possession by the City of Chula Vista is a part
of a certain parcel of real property required for the purposes set
forth in this resolution, more particularly as follows:
The Westerly Sixty feet of the Easterly One Hundred
Eighty feet of Lot 25, in Quarter Section 146, in
Rancho de la Nacion, in the County of San Diego,
State of California, according to Map thereof No.
505, filed in the office of the County Recorder of
said San Diego County March 13, 1888.
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
~~
Lane F. Cole, Director 'of
Public Works
~~
George D. Lindberg, City
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 12th day of
January
, 19.1l.-, by the
following vote, to-wit:
AYES:
Councilmen
Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES:
Councilmen
None
ABSENT:
Counci lmen.
None
ATTEST~/Y1/71A'P-' 1J/'// r:--Lh--7J/
c;; . City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, JENNIE M, FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of
,7 and that the
same has not been amended or repealed,
DATED 1
city Clerk
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