HomeMy WebLinkAboutReso 1971-5915
RESOLUTION NO. 5915
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:
- 1 -
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
7P45'18" East a distance of 40 feet to the TRUE POINT
OF BEGINNING: thence South 18024'OO"East a distance
of 40.06 feet to the beginning of a curve concave
Southeasterly, having a radius of 20 feet, and a
central angle of 90009'47", whose center bears North
71036'00" East; thence Northeasterly through the arc
of said curve a distance of 31.47 feet; thence North
71045'18" East a distance of 119.94 feet; thence North
18024'00" West a distance of 20.00 feet; thence South
7P45'18" West a distance of 140.00 feet to the TRUE
POINT OF BEGINNING.
GRANT OF EASEMENT - FOR DRAINAGE PURPOSES
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 40.00 feet; thence South
18024'00" East a distance of 40.06 feet to the TRUE
POINT OF BEGINNING; thence continuing South 18024'00"
East a distance of 101.65 feet; thence South 65000'51"
East a distance of 13.76 feet; thence North 18024'00"
West a distance of 93.10 feet; thence North 03034'51"
West a distance of 39.31 feet to the beginning of a
non-tangent curve concave Southeasterly having a radius
of 20.00 feet, and a central angle of 90009'47", whose
center bears South 18014'42" East; thence Southwesterly
through the arc of a curve a distance of 31.47 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 described as follows:
All that portion of Lot 25, Quarter Section 146, Chula
Vista, in the County of San Diego, State of California,
according to Map thereof No. 50S, filed in the office of
the County Recorder of San Diego County, March 13, 1888,
lying Westerly of the Easterly 480 feet of said Lot 25
and Northeasterly of the center line of an easement for
drainage purposes as conveyed to the County of San Diego
by deed recorded in Book 577, page 181 of Official Records
of said County.
- 2 -
~[5. -5q is
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.
~~
Lane F. Cole, Director of
Public Works
Approved as to form by
~~
GeOr~dberg, Cit~
Presented by
- 3 -
.~~-S 59/6
I
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 12th
day of
January
, 1971 , by the
following vote, to-wit:
AYES:
Councilmen
"
Egdahl, Scott, Hobel, Hamilton, Hyde
~
NAYES:
Councilmen
None
ABSENT:
counci Imen.
None
, ,~~,~~
ATTE~( ~/vt..J""'J
Ci ty Clerk '
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, JENNIE Mo 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
, and that t.he
same has not been amended or repealed,
DATED,
City'Clerk
~[5, 5915