HomeMy WebLinkAboutReso 1969-5056RESOLUTION NO. 5056
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 PROCEED-
INGS 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 approved the widening of a section of "H" Street in the
City of Chula Vista as a public works project, and
WHEREAS, there are now on file in the office of the Director
of Public Works certain maps, plans and drawings of the said proposed
street widening, including a portion of public right-of-way which
must be acquired for the completion of said street widening, and
WHEREAS, the City of Chula Vista has been unsuccessful in
the acquisition of certain parcels for the widening of said section
of "H" Street.
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 widening of a section of "H" Street in the
City of Chula Vista, 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
right-of-way for said street widening project is shown on Drawing
No. 68-111D, on file in the Office of the Director of Public Works.
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, sewer 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
resoltuion is situated in the City of Chula Vista, County of San Diego,
State of California, and more particularly described as follows:
Beginning at the center of Quarter Section 138 of Rancho de la Nacion
as shown on the Map thereof Number 505 on file in the office of the
County Recorder of San Diego County, California, said point also being
the center line intersection of "H" Street (80 feet wide) and Third
Avenue (80 feet wide); thence Southerly along the center line of said
-1-
Third Avenue South 19°01'00" East as shown on Pacific Grove Subdivision
according to Map thereof Number 2277 filed in the office of said
Recorder, a distance of 40.00 feet; thence North 71°00'00" East a
distance of 40.00 feet to the TRUE POINT OF BEGINNING: thence North
71°00'00" East, along the South line of "H" Street, as shown on said
Map 2277, a distance of 24.00 feet to the Easterly terminus of a
24.00 foot radius curve, concave Southeasterly, said curve being tangent
to the Southerly line of "H" Street and the Easterly line of Third
Avenue; thence Westerly and Southerly along the arc of said curve to
the Easterly line of Third Avenue; thence along the Easterly line of
Third Avenue North 19°00'00" West as shown on said Map 2277, a distance
of 24.00 feet to the TRUE POINT OF BEGINNING.
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 excavation 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 appli-
cation 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 the 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 reasonable and necessary expenses in
the prosecution of a suit or suits to condemn said real property.
Presented by
~`
an F. Cole, Director o Public
Works
Approved as to form by
George D, indberg, City Atto
5~~
ADO?TED AT'D APPROVED by the CITY COLS?CIL of the CITv CF C??ULA j!i~Tti
CALIFORNIA this 11th day of February , 1969 by the rolle;.vine vote,
to-wit:
AYES: Councilmen McAllister, Scott, Sylvester, McCorquodale
ABSTAINED: Councilman Hamilton
1`?AYES: Councilmen None
A?SENT: Councilmen None
,r. ~.
LL / - T. 1 ~~~ ~ 1.
Mayor of the City o` hula V~~ta
r
City Clerk
STATE OF CALIFORNIA )
COUT~~TY OF SAT, DIEGO ) ss ,
CITY OF CHULA VISTA )
I, KENNETH D. CA~:PBELL, City Clerk of the City of Chula Vista, Ca7.r~rnia,
DO HEREP•Y CERTIFY that the above and foregoing is a fully true and correct c:~n~;- ~~t
and that the same has not beer_ a:~er.ded
or r2r~ealed,
DATED :
City Clerr.~~
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