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Home My WebLink AboutReso 1968-4895RESOLUTION N0. 4895 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING PUBLIC NECESSITY OF ACQUISITION OF RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES AND AUTHORIZING THE COA:[MEI~?CEb1ENT OF CONDEMNATION PRO- CEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY The City Council of the City of Chula Vista. does resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore considered various possible access roads in connection with the development of the Lama Verde Park_ complex, and has determines? that Alternate "E", as outlined by the Director of Public Works is the most economically feasible access route to said park complex, and. WHEREAS, the City Council has directed that proceedings be undertaken to acquire said right-of-way, to be known as LOMB VERDE PARKWA..Y, more particularly described in Exhibit °'A" attached hereto and made a part hereof by reference. NOW, THEF.EFOR.E, BE IT RESOLVED by the City Council of the City of Chula Vista a.s follows: 1. That the City Counci_1 of the City of Chula Vista finds and determines and thereby declares that the public interest and necessity require the construction of_ a certain public improvement, namely a street right-of-way to be known a.s LOMA VERDE PP_RKWAY, upon, through, over, under and. across the real property described in Exhibit "A" attached hereto and made a part hereof by r.ef_erence. 2. That said real property 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 possible private injury. 3. That the public interest and necessity rea_uire the accxuisi- tion. and taking of certain real property f_or street and right-of-way purposes for the installation, construction, operation, maintenance, repair, replacement ar_d reconstruction of streets, curbs, sidewalks, shoulders, and utility conduits, sewer and water lines, and all structures incidental- thereto. 4. That the use all and each and every part of said. real property hereinafter described far 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 thereof is necessary to suc}z 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 o_f_ California, and more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. 7. That the Chief Administrative Officer 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 or by condemnation in accordance with the provisions of the Code of Civil Procedure of_ the State of California relating to eminent domain. -1- i • 8, That the City Attorney of the City o.f_ Chula Vista be and he is hereby authorized and empowered to prepare and prosecute such suit or suits as are necessary to condemn, take and accruire 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 mak 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 there- of, and to make deposit of suc.':~ security in such amounts fixed by the Court, and in such manner as the Court may direct, ar~d to incur on be- half of the City of CTlula. Vista all reasonable 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 T4orks c;~ j '4 l ~~ George D, ndberg, City Attorn~_ ADOPTED AND APPROVED by the CITY COUNCIL of. the CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of September , 19 68 , by the following vote, to-wit; - - AYES : Councilmen_McAllister, Scott, Sylvester, Hamilton, McCorquodale NAYES: Councilmen None ABSENT ATTEST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I. City Clerk of the City of_ Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk _2_ ~ ,~ EXHIBIT "A" LEGAL DESCRIPTION LOMA VERDE PARKWAY ACCESS RIGHT-OF-WAY Parcel A: That portion of_ Fractional Section 13, Township 18 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of_ California per Record of Survey thereof No. 3307 (records o.f said County) described as follows: Beginninq at a point on the Westerly line of said. Section 13, distant thereon South 0°01'30" LVest 799.94 feet from the Northwesterly corner thereof, said point also being the Northeasterly corner of. Holiday Estates Unit No. 1 per Map thereof No. 5735 (records of said County); thence Northeasterly, along the arc of a 530 foot radius curve concave Southeasterly whose center bears South 89°58'30" East from said point, through a central angle of 45°30'45", a distance of 421.00 feet; thence North 76°29'42" East 136.22 feet; thence South. 51°51'48" West 65.43 feet to the beginning of. a tanq_ent 470 foot radius curve, concave Easterly; thence Southwesterly along the arc of said curve, through a central angle of 51°50'18", a distance of 425.23 feet; thence South 0°01'30" [lest, parallel with and 60 feet Easterly of the Easterly line o.f said Holiday Estates Unit No. 1, a distance of 385.09 feet; thence South 83°26'48" [lest 24.28 feet to the beginning of_ a tangent 1050 foot radius curve, concave Northerly; thence Westerly, along the arc of said curve, through a cen- tral angle of 1°58'02", a distance of 36.05 feet to the Easterly line of said Holiday Estates Unit No. l; thence North 0°01'30" East, along saic: Easterly line, 391.39 feet to the Point of Beginning. (approximately 1.16 acres). Parcel B: That portion of Fractional Section 13, Township 18 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of California per Record of. Survey thereof No. 3307 (records of said County) described as follows: Beginning at a point on the Westerly line of said Section 13, distant thereon South 0°01'30" West 799.94 feet from the Northwesterly corner thereof, said point also being the Northeasterly corner of Holi- day Estates Unit No. 1 per Map thereof No. 5735 (records of said County); thence North 0°01'30" East 339.94 feet; thence Forth 76°29'42" East 163.13 feet to a point on the arc of a 530 foot radius curve, concave Southeasterly whose center bears South 44°27'45" East from said point; thence South- ~•~esterly, along the arc of said curve, through a central angle of 45°30' 45", a distance of 421.00 feet to the Point of Beginninq (approximately 0.36 acre) Slope Easement far Access R.oa.d: That portion of Fractional Section 13, Township 18 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of California. per Recor_c' of Survey thereof No. 3307 (records of said County) described as follows: Beginninq at a point on the Westerly line of said Section 13, distant thereon South 0°01'30" West 799.94 feet from the Northwesterly corner thereof, said point also being the Northeasterly corner of Holi- day Estates Unit No. 1 per Map thereof No. 5735 (records of said County); thence South 89°58'30" East 60.00 _feet to the TRUE POINT OF BEGINNING, being the Southerly terminus of a 470 foot radius curve, concave South- easterly whose center bears South 89°58'30'° East from said point; thence Northeasterly along the arc of said curve, through a. central angle of 51°50'18", a distance of 425.23 feet; thence tangent to said curve North 51°51'48'° East 65.43 feet; thence North 76°29'42" East 23.99 feet; thence South 51°51'48" [lest 87.24 feet to the beginning of a tangent 460 foot radius curve, concave Southeasterly, and concentric with the aforementioned curve; thence Southwesterly along the arc of_ said curve, through a central angle of 51°50'18" a distance of 416,18 feet to the end of said curve; thence South 2°12'26" East 409.79 feet; thence South 83°26'48" West 86.53 feet to the Westerly line of said Section 13; -1- -, J EXHI~3IT "A" thence North 0°01'30" East, along said Westerly line, also being the Easterly line of said Holiday Estates iJnit No. 1, a distance of. 28.00 feet to the Southerly line of Orange Avenue, being a point nn the arc of a 1050 foot radius curve, concave Northerly whose center bears North 4°35'10" West from said point as shown on said Map 5735; thence Easterly along the Easterly prolongation of said curve, through a central angle of 1°58'02", a distance of. 36.05 feet; thence tangent to said curve, North 83°26'48" East 24.28 feet; thence North 0°01'30" East 385.09 feet to the TRUE POINT Off' BEGINNING. (approximately 0.32 acre). -1-