HomeMy WebLinkAboutReso 1964-3423r
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RESOLUTION N0. 3423
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 PROCEED IIVGS TO ACQUIRE
SAID RIGHT-OF-WAY
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WHEREAS, the City Council has required as a'condition of approv-
ing final maps of a certain subdivision known as PRINCESS MANOR SUBDIVI- ,.
SION, the opening of certain street right-of-way, being a continuation
of RIENSTRA STREET, 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 entitled East Rienstra Street, dated May'30, 1964.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Council~of the City of Chu 1a Vista finds and
determines and thereby declares that the publicinterest and necessity
require the construction-and completionof a certain public improvement
namely a street and right-of-way upon, through, over, under and across
the real property hereinafter described in this resolution.
2. That the 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 the said drawing referred to, namely drawing No.
64-29-30-31, entitled East Rienstra Street, dated May 30, 1964.
3. That the public interest and necessity require the acquisi-
tion 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 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 herein-
" after described real property 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 itis necessary that all and each and every part of"said real property
' ~ be so acquired and ,taken. ,
6: BE IT FURTHER RESOLVED that JAMES S..DUBERG, City Attorney
" - ,for the City of Chula Vista, be and heis 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 of by condemnation in. accord-
' .ance with the 'provisions of the Code of Civil Procedure of the State of
California relating toeminent 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
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- amount~or amounts of such security in the way on money deposits as~said
Court may direct'to`be•made upon '.the taking of possession of said real
F:. property, or any partthereof, and to~make~application for an order per- - ,
mitting'the said.-City of Chula Vista to take immediate possession and use
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of saidreal property,pr 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 ,theCity of Chula Vista
al.l reasonable and necessary expenses in the prosecution of a`suit or suits
to condemn said real property.
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:
RESOLUTION NO. 3423
~~23
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA; this 16th day of June ,
19 64 , by the following vote, Eo-wit:
AYES: COUNCILMEN McAllister .Sparling McCorguodale, Anderson
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN McMains
a
Mayor of the C' ty of Chula;Niata
ATTEST l ~~ ==-1 1-?~s/ce~.oc/y//~.~L~~
City Clerk
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, taue and correct copy of ,
and that the same has not been amended or repealed.
DATED:
~ City Clerk
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{'%NCi :0 1a1 LA
X11 that portion of the `.:est 1/2 of 1/4 Section 1.2 of i „.ancho de La Nacion acccrc�.n:.
to Yap thereof 160 filed ":ay 11, 1363 in the Office of the County 'recorder, County o
S L`ie?o, State of California, more particularly descry as follccrs;
Commencing at the Southeast corner of said '•?est 1/2 of said 1i4 Section �2; t "• en-
along the :Easterly line of said `•:est 1/2 of said 1 /'s section 92, ' o_th 170 53° `Pest
414.54 feet; thence South 720 06' 51" 'e.st 1.2-!-"-S feet to the Of .. curve concave
Northerly having a radius of 50(j. C ; feet; t' :,ence along the arc of _' curve throe ch a
,,• 20 -3 -71 , :...�t• thence tan ant to said curve
° r` " distance o °^ :
�ntral angle of 23 �� �� 4 _
North ,:,4" 531 US” F+est 356.37 feet to the True ' :�cint e� �eginning, said '! =rue tPoir_t of
Isegir_r.irg hereinafter referred to as PoI t- `.A "; any° sa.i,'. '_"rue Point of ' e-'.nning, being also
the conmon corner of land as described in deed to -TO`:r :'.yc'er in Bcc`. i a ;E of
rre vocu -znt 73.+1 rCGvrr ; ?'C.
Deeds, and land as conveyed to Princess _'ar'� E'st tes, -y
iay lea, 1.'�4 in Series 5 . ",00k 1:54, all of reccr o= s�:id Cou -ty and State, t':enca aloe
the :'Easterly line of Ryder's land 'orth 17° 50' est. 3= . feet; t?- :encc `south
84° 53' 09" East 03.72 feet to the .'.orthcrly lin: or .. - - -.- ',Yircess lark :'states land;
„t •,� . :met to
t ".rue oir_t of
thence along said ',ortherly line cu =•' -• 1. ys`r -
,.en alo ^F � .'Est° ' v .i' - of said 'P_ince-: �r`-: •: states'
2eginning; and 'Point ; - e,-
j0j 2, ": ='S% 32.5%,1 feet; tiz_nce C7? "° 53 S to the
land, South 17 ,
Southerly line of said T.yders' land; thercQ alon yders' lane? :Forth 72 °12'
Gast 77.10 feet to Point "'" and True '.'tint of
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` June 3, 1864
PttINCBSS Pr.ANOR ;;1
~ RIGHT OF i^IAY ACROSS JOHA1 H. RYDyR LAND FOR
'" ~ FXTL'NSION OF hIr]NSTFtA STFt~?~T TO PRINC:;SS N+ANOR ~1 '
- All that portion of 1~4 Section 92 of Rancho de. ?.a Nacion, accordit:g i,o
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la 2iap thereof ,`/166, Filed i~iay 11, 1869 in the Office of rite Ccunty pecorder, C .unty of
San Diego, State of California, more. particularly described as follows:
Commencing at the intersection of the Y~est^r1y =ine of said 1/4 Sectiar:
~~. ;. 92 and the Southerly line of Castle View P}ap.therecf ;'r5~00 filed June 28, 1902, records
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of said County and State and as shotm thereon, thence along the b~esteriy line. of sa~~a
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1~4 };ection92 South 17°47' 31" ?sst(Racord South 10°~ >'1' 2C" B.ast) 61~i.L2 fee:, to
-~- the True Point oP Beginning; said Trus Point of iegw::air:g 'ae~:g also a point on the
~;lest line. of that certain parcel of land described in Deed to John ~~. Ryder, recorded
P4arch 12, 1928 in Bool: 1454 Page 82 of Deeds; thence cont:'.riaing along the G;eetorly{
line of. said Ryder land South 17° 47}31" blest 30.CrJ fact; thence Ncrth 72° 12' 29" ,
~, past 172.31 feet to the beginning of a 770 foot radios curve concave South+resterly;
thence Southeasterly along the arc o£'said curve througi: a central angle of 22° 54' 22"
a distance of 30"7.84 feet; thence tangent to said c'.:rve Sc:ah 84° 53'' 09° iSast 121.56
f=' feet to she Southerly line of said P,yderTS land; thence along the Southerly line of
said Ryder's land North 72° 72' S4" ~&st 77.10 feet to t'io Sout'rsasterly corner of
said Ryder's land; thence along the 3asterly line t-icreof i:orth 1.7° 50' 200 :~iest
'~"~ 32.58 feet; thence North 84° 53' 09" itiest 179•GII feet to the beginrirg of an 83o font.
radius curve concave Southwesterly; thence North~aesterly along t'r:e ere cf said curve:
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through a central angle of 22° 54' 22" a distance cf 33LII2 feet; thence tangentJ~o
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YF said curve South 72° ~' 2~" 'P'est 172.31 feet to tee blesterly line of said F;;der° s
land; thence along said Westerly line South 17° 47' 3i" :asa 30.00 feet to ti:e True
point of Beginning.
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hG ~^~ ~°O~r LOT 92
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~'. ~Pogether with the right and privilege to extend and maintain excavation elopes of a grade
not to exceed 1.5 feet horizontal to 1~0 foot vertical and embankment slopes of a.grade
not to exceed 2.0 feet fiorizontal to 1,0 foot vertical on the grantor's land lying
` ad]acent to the road Right of Way above described. Also, the privilege and right to
-.plant and maintain grass, plants and trees on said slopes for the protection and
beautification of same; reserving however, unto the owner of the land under which such
slope rights extend, the right a.t any time to remove such slopes or portions thereof
upon removing-the necessity for maintaining such slopes or portion thereof or upon
' providing ici place thereof other adequate lateral support, the design and consLructlon
of which shall be first approved by the City, Council of Lhe City of G~/~~lA 1:sii~
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r _ June 2,-1964
I,
RIGHT-OF-hTAY ACROSS SqN DIEGO GAS 6. ELECTPSC CO.
LAND FOR RIEiv'STRA EXTA;SION AAID PPSNCE'SS PlANOF. Nl ,
A.11-that portion ofi l/4 section 117 of Rancho de La Nacior., according to Map
thereof ,',166, filed 2•;ay 11, 1869, in the office of the County Recorder, County of
~° San Diego, State of California, lying within a strip of land 60.00 feet in width,
the center line of which is described as follows:
Cou:mencing at the corner common to lots 86, 90 and. 98 as shwm on Castle View,
Map thereof #5000, filed June 2£3, 1962, records of said County and State; thence
-along an Easterly boundary cf,said Afap ii50G0, said Easterly boundary being the
~4;esterly ling of the San Diego Gas & ?;lectric Company~s land as described in a
deed recorded January 8,.1958 in Book 6899, Page 113, Officio= accords af'
said County and State; thence South 17° 47' 31" ;ast (Record South 18° 37'"2G" ast)
` k87.62 feet to the Point of Beginning; thence North 72° 12' 29" East 25C.00 feet ,
to the Easterly line of said San Diego Gas & Electric Company's land, said F,astarly
,, line being the ~rlesterly line of that certain parcel of land conveyed; tc.John R..
Ryder by deed recorded N.arch 12, 1928 in Book 1454, Page II2 cf deeds records of said
County and Btate:. ,.
._.