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HomeMy WebLinkAboutReso 1966-4078 RESOLUTION NO. 4078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY FOR ACQUIRING CERTAIN PROPERTY FOR THE PURPOSES OF WIDENING THE PUBLIC RIGHT-OF-WAY ALONG FOURTH AVENUE IN THE CITY OF CHULA VISTA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has heretofore .determined that the public right-of-way along that certain street in the City of Chula Vista known as Fourth Avenue should be widened in the interests of the public safety and welfare, and WHEREAS, the Chief Administrative Officer has been instructed to acquire the necessary property to accomplish the widening of said right-of-way by condemnation or by negotiation with the respective property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it is the intention of this Council to cause the acquisition of certain real property in the City of Chula Vista more particularly described as: (a) That portion of Lot 6 of L. C. Oakland's subdivision per Map thereof No. 1421 filed in the office of the County Recorder, County of San Diego, State of California, des- cribed as follows: Beginning at the Northwest corner of said lot 6; thence North 71°00' East 24.00 feet; to the point of tangency of a 24 foot radius curve concave South- easterly; thence Westerly along the arc of said curve, through a central angle of 90°, 37.70 feet to the Westerly line of said Lot 6; thence North 19°00' West, along said Westerly line, 24.00 feet to the Northwest corner of said lot and the point of beginning. (John D. McKinney, Owner). (b) That portion of Lot 29 in Quarter Section 147 of Rancho de la Nacion per Map thereof No. 505, filed in the office of the County Recorder, County of San Diego, State of California described as follows: Beginning at the Southeast corner of said Lot 29; thence South 70!58'10" West, along the Southerly line of said lot, 15.00 feet to the point of tangency of a 15 foot radius curve concave Northwesterly; thence Northerly, along the arc of said curve, through a central angel of 90°00'30", 23.56 feet to the Easterly line of said Lot 29; thence South 19°02'20" East, along said Easterly line, 15.00 feet to the point of beginning. (Ned and Mildred J. Holmes, Owners). (c) That portion of the Southerly 48.40 feet of the Westerly 132.99 feet of Lot 32 in Quarter Section 139 of Rancho de la Nacion per map thereof No. 505, filed in the office of the County Recorder, County of San Diego, State of California, described as follows: Beginning at the Southwest corner of said Lot 32; thence North 19°02'20" West, along the Westerly line of said Lot, 22.00 feet to the point of tangency of a 22 foot radius curve, concave Northeasterly; thence Southerly along the arc of said curve, through a central angle of 90°00'20", 34.56 feet to the Southerly line of said lot; thence South 70°57'20" West along said Southerly line, 22.00 feet to the point of beginning. (D. Arthur and Nora Perman Spencer, Owners). 2. That the use of all and each and every part of the property hereinabove described is a public use and a use authorized by law. 3. That the acquisition and taking of said right-of-way is necessary to said public use, and it is necessary that all and each and every part of said real property be so acquired and taken. BE IT FURTHER RESOLVED that GEORGE D. LINDBERG, CITY ATTORNEY, be, and he is hereby authorized, empowered and directed to acquire said real property for the purpose hereinabove set forth, by donation, or purchase, or by condemnation in accordance with 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 deposit of such security in such amounts fixed by the Court, and in such manner as the Court may direct, and to incure 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 .~ Lane Cole, City~Engineer Approved as to form by .h Ge rge D. ndberg, City Attorne C -2- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thisiothday of May -_, 19 66 _, by the following vote, to-wit: AYES: COUNCILMEN Sperling Sylvester, Anderson, McAllister, McCorquodale NAYES: COUNCILMEN ABSENT: COUNCILMEN None None i'~" ~ / , c' i ~ ayor of the ~ of Chula Vista \y / / ATTEST-~=--.~._z__.¢~_._.{:~ __~.-, .~ti~ :~~ -.~i~'. -City Clerk F~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk CC 652 2- yons