HomeMy WebLinkAboutReso 1966-4241RESOLUTION N0. 4241
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 PROCEEDINGS 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
required, as a condition of the approval of the tentative map of that
certain subdivision known as FLAIR ANNEX SUBDIVISION, UNIT N0. 1, and
the future approval of the final map of said subdivision, the opening
of a certain street right-of-way being a part of MARL COURT, 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 dated November 8, 1966.
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 Drawing No. 66-74L, 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.
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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:
That portion of the South 330 feet of the North 1320 feet
of the East one-half of the West one-half of Quarter Sec-
tion 92, Rancho de la Nacion, in the County of San Diego,
State of California, according to Map thereof No. 166 by
Morrill, on file in the office of the County Recorder of
said San Diego County, lying within the following described
boundary:
Beginning at a point on the North line of said South 330
feet distant thereon North 72°11'40" East, 161.84 feet
from the Northwest corner thereof, being also a point on
the arc of a 21.87 foot radius curve, concave Northwesterly,
the center of which bears South 64°35'10" West from said
point; thence Southerly and Westerly along the arc of said
curve, through a central angle of 120°30'27", 46.00 feet
to a point of tangency with the North line of East Rienstra
Street, as dedicated in Princess Manor Unit No. 7, accord-
ing to Map thereof No. 5585, filed in the office of said
County Recorder; thence, along said North line of East
Rienstra Street, South 84°54'23" East, 96.00 feet to the
beginning of a tangent 18.88 foot radius curve, concave
Northeasterly; thence Westerly and Northerly along the
arc of said curve, through a central angle of 79°27'53"
26.18 feet; thence, tangent to said curve, North 5°26'30"
West, 39.90 feet to an intersection with said North line
of the South 330 feet; thence along said North line,
South 72°11'40" Weft, 55.69 feet to the 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:
That portion of the South 330 feet of the North 1320 feet
of the East one-half of the West one-half of Quarter Sec-
tion 92 of Rancho de la Nacion, in the County of San Diego,
State of California, according to Map thereof No. 166, filed
in the office of the County Recorder of San Diego County,
May 11, 1869, lying outside the boundaries of Princess
Manor Unit No. 7, filed in the office of said County Re-
corder as Map No. 5585, and further described as follows:
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BEGINNING at a point on the North line of said Map 5585,
which is North 72°11'40" East, 77.08 feet from the North-
west corner thereof; thence along the boundary of said
Map 5585 the following courses and distances; South 84°
54'23" East 161.42 feet, North 5°05'37" East, 68.18 feet;
thence South 72°11'40" West, 175.23 feet along the North
line of said Southerly Half to the 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 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.
Presented by
Lane Cole, City Eng neer
Approved as to form by
George D./ indberg, City Attor
? u~ul
ADOr QED '~N~D APPRaG~JF;D by ,h~ CITY COUNCIi. of the ^iiY C~F C~iULA VISTh,
CALIEGRNIA, this _ 22nd day of November ~~,1966 ~y by the r:>llo*.aing vote,
to-wit
AYES; Councilmen __Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES a CocLaci 1mer. None
ABSENTS Councilmen None
_~
, _.
_ ayo1- of the Ci.t of China Vista
ATTEST ~~_ ,~^ 2% ~
City Cleric __~~
STATE OF CAZIFORN I~, j
COUNTY OF SAN DIEGG ,~ 5s .
CITY OF CHU:IA G LST!1 i
Iy KENNETH. ?._ C.~'~1Fr3EL~, City Cler.z of the City of Chula Vista, CaliforrLia,
DO HEREBY CERTIFY that the aboae ar.d for_e~oing is a full., true :~.nd. correct copy of
~~.~.~____.~___ and that the same has not been amended
or repealed.
DATED
~~~~ City Clerk