Loading...
HomeMy WebLinkAboutReso 1966-4261 RESOLUTION NO.. 4261 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 is desirous of acquiring a portion of the right-of-way for the extension of Tidelands Avenue between "F" and "G" Streets and negotiations to acquire said right-of-way have been unsuccessful, 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 July 18, 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 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 drawings 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, maintenance, repair, replacement and reconstruction of streets, curbs, sidewalks, shoulders, 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 w 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 is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, as if set forth in full herein. 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 bf 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 reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. Presented by r,° ~--Lan Cole, City Engi r Approved as to form by Geo ge D. indberg, ity Att y -2- R ~~,~ ~ I ADGF'~ED ~:ND AF1?ROPJF;D by ,h~ CITY CJ[JNClL of the ~ zTY GF C~3ULA VISTh, CAL%FGRN~~A, this _ 6th day of December 6 , i9 66 , by the r:~liowing vote, to-wits A~'ES° Gcunciimen __Sparling, Anderson, Sylvester NAYESa Cou:~cilmer: McCorquodale ABSENTo Coaznciime:~ McAllister -~ ;1 `~ -''~ ~ ',i Mayor/of the `City of Chula Vista pro tem ATTEST `~ ~ ~~c-~~ 7i~-ram--~ City C1erK STATE OF CAL IFORN I~, j C©UNTY OF SAN D11:GG ;~ ss . CITY OF fi3U:~A F~ ?,S TA r I, '~ENNr:TH ?, C'i.'~1F;3EL:~, City Clerk of t1~~e City of Chula `J?_sta, Califor.r~ia, DO HEREBY CERTIFY that: the abo~~e ar.d fc~r_egoing is a fu.i' , true arzd co?--re.ct copy of or repealed. DATED° and that th.e same ras nct been amended City C 1erlc CC-652 EXHIBIT "A" TIDELANDS AVENUE (TYCE PORTION) That portion of the Northerly 112 feet of the South- erly 332 feet of Quarter Section 172 of Rancho de la Nacion according to recorded Map thereof No. 166, filed in the office of the County Recorder, County of San Diego, State of California, lying within a strip of land, 120 feet wide, the centerline of said strip being described as follows: Beginning at a point on the Northerly line of the Southeast Quarter of said Quarter Section 172, distant thereon 60.00 feet from the center of said Quarter Section, said Northerly line being also the centerline of "F" Street; Thence South 17°50'57" East, parallel with the West- erly line of said Southeast Quarter, a distance of 84.44 feet to the beginning of a tangent 4000 foot radius curve to the right; thence Southeasterly, along the arc of said curve, through a central angle of 3°25'50", a distance of 239.50 feet; Thence tangent to said curve, South 14°25'07" East, a distance of 993.84 feet to the Southerly line of said Quarter Section and the centerline of "G" Street. ~~b~