HomeMy WebLinkAboutReso 2001-222 RESOLUTION NO. 2001-222
(AGENCY RESOLUTION NO. 1732)
RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC
NECESSITY TO ACQUIRE CERTAiN REAL PROPERTY
LOCATED AT 362-398 "F" STREET, CHULA VISTA,
CALIFORNIA, FOR THE CONSTRUCTION OF THE CITY'S
POLICE HEADQUARTERS AND AUTHORIZiNG THE
COMMENCEMENT OF CONDEMNATION PROCEEDiNGS
BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY
WHEREAS, in connection with municipal purposes, it appears necessary for the City of
Chula Vista and/or its Redevelopment Agency to acquire certain real property located at 362-398
"F" Street in Chula Vista, California, for the construction, maintenance and operation of Police
Headquarters and related facilities for the proposed Chula Vista Police Station Redevelopment
Project, a public use ("Project"); and
WHEREAS, public interest, convenience and necessity require the acquisition of fee
simple interest in said real property morn particularly described and depicted in the attached
Deed and Exhibits thereto, on file in the City Clerk's Office, for said Project; and
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real property, and fee simple interest therein, is necessary for the
Project; and
WHEREAS, said real property is located entirely within the territorial limits of the City
of Chula Vista; and
WHEREAS, the City of Chula Vista and its Redevelopmerit Agency are authorized to
acquire said real property, and fee simple interest therein, for such public use by eminent domain
pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code
Sections 37350.5 and 38010; California Code of Civil Procedure Sections 1240.010, 1240.110,
1240.120, and 1255.410; and California Health and Safety Code Sections 33000, et. seq.; and
WHEREAS, an offer to purchase the required interest in the real property necessary for
the Project has been made to the owner of record pursuant to Section 7267.2 of the California
Government Code; and
WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure,
have been provided notice and a reasonable opportunity to appear and be heard on the matters
referred to in Section 1240.030 of the Code of Civil Procedure.
Resolution 2001-222 -.
Page 2
NOW THEREFOR, BE IT RESOLVED that the City Council and the Redevelopment
Agency of the City of Chula Vista find and determine and hereby declare, by a vote of not less
than two-thirds of its members, as follows:
1. That the above recitations are tree and correct.
2. That the staff report and all evidence presented at the public heating on this matter have
been reviewed and considered.
3. That the public interest, convenience and necessity of the City of Chula Vista, and the
inhabitants thereof, require the Project and improvements and appurtenances thereto.
4. That the Project and improvements and appurtenances thereto to be constructed upon,
over, under, along, and across the real property described and depicted in the attached copy of
Deed and Exhibits thereto have been planned and located in the manner which will be most
compatible with the greatest public good and the least private injury.
5. That the real property, and fee simple interest therein, described and depicted in the Deed
and Exhibits thereto, is necessary for the proposed Project.
6. That the offer, as required by Section 7267.2 of the Califomia Government Code, has
been made to the owner of record of the property to be acquired, and the notice and opportunity
to appear before the City Council as required by Section 1245.235 of the Califomia Code of
Civil Procedure have been given.
7. That the City of Chula Vista and/or its Redevelopment Agency, and all appropriate
officers, representatives and attorneys are hereby authorized and directed to acquire the real
property described and depicted in the attached Deed and Exhibits thereto, in the name of and on
behalf of the City of Chula Vista and/or its Redevelopment Agency, and to that end are hereby
authorized and directed to commence and prosecute an action, or actions, in eminent domain for
the purpose of acquiring said real property and fee simple interest therein, and to obtain an order
for immediate possession in the manner provided by law.
Presented by Approved as to form by
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Resolution 2001-222
Page 3
PASSED, APPROVED and ADOPTED by the City Council and the Redevelopment
Agency of the City ofChula Vista, California this 17th day of July, 2001 by the following vote:
AYES:
Agency/Counci1members: Davis, Padilla, Salas, and Horton
NAYES:
Agency/Councilmembers: None
ABSENT:
Agency/Councilmembers: Rindone
~
Shirley Ho n, Chair/Mayor
e ATTEST:
J~ ,AfoN..-4 #"
Susan Bigelow, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City
Council Resolution No. 200l-222/Redevelopment Agency Resolution No. 1740 were duly
passed, approved, and adopted by the City Council/Redevelopment Agency at a joint meeting of
the Chula Vista City Council and Redevelopment Agency held on the 17th day of July, 2001.
Executed this 17th day ofJuly, 2001.
~~ A~ 1h
Susan Bigelow, City Clerk
Resolution No. 2001-222
Page 4
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RECORDING REQUESTED BY;
COMMONWEALTH LAND TITLE COMPANY
AND WHEN RECORDED MAIL TO:
DOC # 2001-0535522
City Clerk
The city of ChuJa vista
276 Fourth Avenue
Chula Vista, CA 9191 0
Jul 3~. 200~ 2:l3 PM
17404
UFfICIAL RECDRDB
SAN DlBiO C(Jtffi"Y RECCRllER'S IlFI'ICE
GREGlJRY J. SMITH, COlWTY ~fCDRDER
FEES: 5255.15
It: DC
~ ~ "em."" ".. ,"..:~ l1li1 UU~ Imll) " ".ce~" "CO"",::,::::::: 'oo,,'~
~ A.P.' 568.270.03,11 PARTNERSHIP GRANT DEED
~ THE UNDERSIGNED GRANTOR(S) DECLARE(s)
\ Ii DOCUMENTARY TRANSFER TAX is ~5,la4.':5 S-,-z..t..S. ~
V ~ [X) computed on fuJl value of property conveyed, or
/\ \ [ ] computed on full value less value of liens or encumbrances remaining at time of sale.
[ ] Unincorporated area [X] C,ty of Chula V,sta, AND
\ cJf" FOR A VALUABLE CONSIDERATION, receipt of wh,ch ,s hereby acknowledg~d,
CHULA VISTA CENTER, a Partnership
hereby GRANT Is! to:
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
-.,
the real property in the City of ChuJa Vista, County of San Diego, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
No recording fee required. This document is exemp,t from ~ee oursuant
to Section 6103 of the California Government Code~
DATED July 26, 2001 CHULA VISTA CENT E~, a calif~ral
STATE OF CALIFORNIA 0 Partnership ~ r-:----.
COUN~l!i ,S4A1 j)/;;; / . --=-
On "7 I BY:' JM"Y'--<-e.
belo.. me, ,{g;;~ K. 1RA-f'h fY)-k<;;/~f?J"I{(..,., Robert Caplan, Trustee of Trust A and
aN ry Public in and for said tate, personally appeared Trustee of Trust B of the Albert B.
6 r+ 0.... n Klug and Shirley Ann Klug Trust u/d/t
dated August 27, 1965, Generel
Partner
p:-rM :'''',!:FlS i"! ~c r+l2 (or proved to me on the basis of /"i
satisfactory evidence) to be the person(s) whose name{stjs1are
subs~ed to the within instrlJrneni an~l>qowledged to me
tha~he/they execute~t e same 11'(I).!.s/her/their authorlzed
capaclty(ies), and that b i {her/their signature(s) on the
ins'tr ment the person(s], r the entity upon behalf of which the
per on(sJ acteo, executed the instrument.
W NESS my han oHicial seal.
- - - - - - - - - - - (
;ie- LISETTE R. MIRAMONTES ~
COMM. '# 1233"010
g .. NOTARY FUBl1c..cAUFaRNIA ~
SAN DIEGO COUNTY
~ COMM. EXP. AUG. 26, 2003 t
J_________ - -,
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MAll:. !~:!:f~TCM~ TO !\ERN ADl?!'IES~ ~
(This area tor official notarial seal)
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i;' Re~01~tion No. 2001-222
Page 5
17405
ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant
Deed, from CHULA VISTA CENTER, a California partnership, to the Redevelopment
Agency of the City of Chula Vista, a public agency, is hereby accepted by the
undersigned on behalf of said public agency pursuant to authority conferred
therein and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:
'7~'!:,o-()}
The Redevelopment Agency of the City of Chula
Vista, a public agency
By: rL~ ~~~
Its: .
'.
\ Resolption No. 2001-222
Page 6
17406
"5A:-
Page 3
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EXHIBIT "A"
PARCEL 1:
That portion of Lot 17 in Quarter Section 137 of Chu1a Vista, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 505, filed in the
Office. of the County Recorder of San Diego County, March 13, 1888, described as
follows:
Beginning at a point in the Southeasterly line of said Lot 17; South 71 0 West 323,75 feet
from the Southeasterly corner of said Lot, said point being on the Northeasterly line of the
land described in Deed to the San biego and Arizona Railway Company, recorded June 24,
1919 in Book 789, Page 25 of Deeds; thence along said Northeasterly line North 54006'30"
West to the Northerly line of the Southerly 30.00 feet of said Lot 17, being the True Point
of Beginning; thence continuing along the Northeasterly line of said Railway Company
land, North 54006'30" West to the beginning of a 479.27 foot radius tangent curve in said
Northeasterly line; thence Northwesterly along said curve, to the left, 219.60 feet to a point
in the Northwesterly line of said Lot 17; thence Northeasterly along said Northwesterly line
to the Northeasterly corner of said Lot 17; thence Southerly along the Northeasterly line of -.....
said Lot 17 to the Northerly line of the Southerly 30.00 feet of said Lot 17; thence South
71 0 West along said N ortherl y line to the True Point of Beginning.
PARCEL 2:
That portion of Lot 17 in Quarter Section 137 of Chula Vista, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 505, fIled in the
Office of the County Recorder of San Diego County, March 13, 1888, described as
follows:
Beginning at the Northwesterly corner of Lot 17 in said Quarter Section 137; thence North
710 East along the Northerly line of said Lot 17, 34 feet to a point; thence Southeasterly on
a curve to the right, having a radius of 479.27 feet, 219.6 feet to a point; thence South
54006'30" East, tangent to said curve, 177.96 feet to a point on the Southerly line of said
Lot 17, said point being 323,75 feet South 71 0 West from the Southeasterly comer of said
Lot 17; thence South 71 0 along the said Southerly line of said Lot 17, 48.88 feet to a point;
thence North 54006'30" West, 149.84 feet to a point; thence Northwesterly on a curve to
the left having a radius of 439.27 feet, 217.96 feet to a point on the Westerly line of said
Lot 17; thence North 190 West along the Westerly line of said Lot 17, 27.35 feet to the
Point of Beginning.
EXCEPTING THEREFROM that portion of Lot 17 of the Southwest Quarter of Quarter
Section 137 of Map of Chula Vista, in the City of Chula Vista, County of San Diego, State -.....
of California, according to Map thereof No. 505, fIled in the Office of the County Recorder
of San Diego County, more particularly described as follows:
CL TA Preliminary Repol! Form (Rev. 1/1/95)
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Resolution No. 2001-222
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17407
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Beginning at the Northwest corner of said Lot 17, also being the True Point of Beginning;
thence Easterly along the Northerly lot line of said Lot 17, also being the Southerly right of
way line of "F" Street, according to said Map No. 505, bearing North 71024'59" East, a
distance of 21. 98 feet to the tangent point of a curve concave Southeasterly with a radius of
22.00 feet; thence Southwesterly along the arc of said curve through a central angle of
89056' 17", a distance of 34.53 feet to the point of tangency to the Easterly right of way
.line of Fourth Avenue, according to said Map No. 505; thence Northerly along said line
bearing North 18031' 18 " West, a distance of 21. 98 feet to the True Point of Beginning.
APN: 568-270-11 and 568-270-03
CLTA Preliminary Report Form (Rev. 1I1195)