HomeMy WebLinkAboutReso 1969-5418RESOLUTION N0. 5418
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING AND DIRECTING THE FILING AND PRO-
SECUTION OF LEGAL ACTION TO CONDEMN CERTAIN LANDS FOR
PARK PURPOSES ON BEHALF OF THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has heretofore approved
certain plans for the Civic Center Complex offered by the consultant
firm of Knight and Gladieux, and
WHEREAS, as an extension of said Civic Center Complex, said
plans also provide for the expansion of that certain public park
located within the City of Chula Vista bounded on the west by Fourth
Avenue, on the south by Park Way Street, on the north by Madrona
Street, and on the east by certain private properties lying at the
intersection of Third Avenue and Madrona Street in the City of Chula
Vista, and
WHEREAS, it is essential to the carrying out of said plans
of expansion of that certain park known as Memorial Park to secure
said private property located at the intersection of Third Avenue
and Madrona Street for park purposes, and
WHEREAS, the City Council of the City of Chula Vista has
heretofore directed that the Administrative Officer of the City of
Chula Vista to proceed with negotiation with the owners of_ said
property for the acquisition of the property for park purposes, and
WHEREAS, said property described on Exhibit "A", a copy
of which is attached hereto and incorporated herein by this reference
thereto as though here set forth in full, if it is not and may not be so
acquired by negotiation and it is necessary that said property be
acquired, and
WHEREAS, if said property cannot be acquired without recourse
to legal proceedings, the City of Chula Vista may exercise its rights
and powers of eminent domain to so acquire said property.
NOW, THEREFORE, BE IT RESOLVED that George D. Lindberg,
City Attorney for the City of Chula Vista be, and he is hereby
authorized and directed to institute legal action in the Superior
Court of the State of California in and for the County of San Diego,
for the purpose of acquisition by condemnation or otherwise, for the
purpose of laying out, developing, landscaping and use as a public
park in the City of Chula Vista, that property set forth in Exhibit
"A" incorporated herein by this reference thereto as though here
set forth in full. Said authorization being undertaken pursuant
to the provisions of Section 1241 of the Code of Civil Procedure
of the State of California and said legal action to be instituted,
if and in the event, that the acquisition cannot be accomplished by
negotiation within a reasonable time as determined by the Administrative
Officer of the City and the City Attorney for the City of Chula Vista.
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BE IT FURTHER RESOLVED that the Administrative Officer of
the City of Chula Vista is hereby authorized and empowered to employ
such appraisers as may be necessary and proper to appraise value of
the property being taken and to testify in any trial as required,
and the council further finds that the use for which the property is
to be taken is a public use and that said property is necessary to
the proposed public use, and further finds that the property is
located in the manner which will be most compatible with the greatest
possible good and least private injury. Council further finds that
the public interest and necessity require the acquisition of the
said property referred to, and the construction and completion of
the public park referred to.
Presented by
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Approved as to form by
4k'~i~ I
George D. erg, City Attorne
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ADOPTED AT'D APPROVED by the CITY COUDiCIL of the CITY OF CEULA VISTt1
CALIFORNIA, this 4th day of November , 19 69 by the follo~aine vote,
to-wit:
AYES: Councilmen Scott, Sylvester, Hamilton, McAllister
:AYES: Councilmen None
ABSETdT: Councilmen McCorquodale
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Mayor/ of the City,,,/// of Chula Vista "
pro tem
ATTEST .~ 4_~. ~-~..4_ .1'_' ~ "~" l.~tt' ~'L~`~~~~
,...city Clerk
STATE OF CALIFORNIA )
COliT~TY OF SAT' DIEGO ) ss .
CITY OF CHULA VISTA )
I, KENNETH P. CAr1PBELL, City Clerk of the City of Chula Vista, Caliro;aia,
DO HEREBY CEPTIFY that the above and foregoing is a full, true and corre c ~:~n- ~~1
and that the same has not been amended
or r2nealed,
DATED:
City Clerk v_
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EXHIBIT "A"
DESCRIPTION OF PROPERTY TO BE ACQUIRED
W/S 3RD AVENUE - MADRONA TO PARK WAY,
EAST OF MEMORIAL PARK
Tax Assessors Parcel #568-270-09
Owner: San Diego & Arizona Eastern Railroad, 45 - 12th Ave.,
San Diego
Portion of Lot 26 of Quarter Section 137, Rancho de la Nacion
according to Map No. 505, recorded in the County Recorders
Office, County of San Diego, State of California, more
particularly described as follows:
Commencing at the Northeast corner of said Lot 26; thence
South 71°00' West 10 feet; thence South 19°00' East 30 feet
to the TRUE POINT OF BEGINNING, said point being the Northeast
corner of the property presently owned by San Diego & Arizona
Eastern Railroad Company; thence continuing South 19°00' East
260.62 lineal feet to the Northerly right of way line of Park
Way; thence Westerly along the Northerly right of way line of
Park Way 14.94 lineal feet; thence Northerly and Westerly
along the arc of a 450 foot radius curve, whose center bears
South 46°46'21" West, having a central angle of 57°26'30" a
distance of 451.15 feet to the intersection of_ the Southerly
right of way line of Madrona Avenue; thence North 71°00' West
360.15 feet to the TRUE POINT OF BEGINNING.
Parcel contains 0.75 acres.
Written by: DMH
11/4/69
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r°orcrt No. 301.
UNAN 1MOUS CONSENT ~`~:'RI`/1
IT IS HEREBY REQUESTED b,, the undersigned ghat the fo.lowing
item, with the unanimous consent of the City Council cif the City of
Chula Vista, be considered and acted upon b_y tl-~e Coun.c~i pursuant
to the provisions of Section 1.16 of the Chula Vista Clt~;~ Code.
Resolution authorizing condemnation of property at the
intersection of Third Avenue and Madrona St,~et
S ~C n a'~r e J
Un Imo s Cons nt of tie Cit ounci.i, as ~nd~.cated by the follo!°Aing
sig~~iat res • ~--7
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