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HomeMy WebLinkAboutReso 1963-3233 RESOLUTION NO. 3233 " RESOLUTION OP SRtiE CITY COUNCIL OP THE CITY OF CHULA VISTA DETERIfYIFYNG AND DECL(SRBNG PUBLIC NECESSITY Of' ACQU%RYNG PROPEI:TY FOR PURPO.",ES OF PUBLIC PARKING DESTRICT AND AUTHOR'SZ%NG THE CYEEdCE['IENT OF CONDEF~VATZO' PRC{n 'EDI=VGS TG ACQUIRE SAID PROPER'a"Y idHEREAS, the City Council of the C£ty of Chula Viats has_by Ordinance No, 847 declared the formation of Parking Listrict Noo 1 and described therein th% aequiaition sad improvement to be made therefor, and WHEREAS, the City Council of the City of Chula Vista has by Reao- lotion Noo 3203 nuthosiaed the ezsecutiom of contracts and appropxiationa of funds for the atcquir.Ltion of said property, arai WHER""SAS, the-,¢ ar¢ a number of pieces of property erhieh the City of Chula Vista has not be¢n able to acquire by contxact and purchased NOW, T1lEREFORE, BE ZT RESOLVED, as follocas: to That cervsLn prdinance Noo 847 adopted by first Beading on the 2nd day of July, 1463, and by s ascend reading on the 9thday of July, . 1463, is hereby incoxporated herein by this refexence tbeseto as though hate set forth in full sad a trcre copy of said Oxdimamce Ls attached hereto. . 2~ That the 3sxopesty paopoaed to be acquired amd ua¢d for sites for parking district in aa.d Ordinance Noo 847 and the psaporty sought to be rouala~caed S:a deaosibed in- F,n:hibit "$RY> attach¢d hereto ane~ incorporated hese,in by this refesemce thesetoa 3o That the ua¢ of~,all irsad each and every part of said hereinafter. described re:aA property for t6ie purpose of a parkia~ site is m public one and a use aitthosized :sy la~o',;.'" . 40 That the acquLnit;iom and taking of said parkimmg district sites is ~necens~ry th said public 'uses and it is necesasrgr,thae a;ll.and each and every pert of said s¢sl property b~.so acquired andtalsemo ' So BE YT FURTHER RESOb+IED [Feat JAl9E5 Sa DUBERG, City .Attorney 'ffos eheF City of Chul+^. Vista, be and he is hereby authorized, empowered and directed ea a~quii'e said real property for the purpose of a parking district, by donatian or purcleaee or by'condemenation in aeccrdance mith the provisi.ona :. ,,: of the Code of Civil Proeedurc~ of the State of California r¢lating to eminent domain, and to prepare and prog¢sute such suit or suits as axe necessary to condemn, take anti ac~uize said. real property, and to make an applieation to tkae.f3wurt for an order fixing; the a~sant or sa~asnrs of such security in tPze tray of asoney dt~poaite as said Ccurt may direct to be made sspon the taking of poseesalon of said real property, or any part thereof, and to make rspplication for an order permitting the said City of Chula Vista to tdke i~nediate poasesaion ax+.d ;eee of aa4.d Peal property, or anyipart or .parts th+areof, and to make deposit of such sedurity in ..such amounte fisted by the Cdrsurt, and is aueh sesnner s.a th¢ Court sgay direct. and to incur on be&ealf of th¢ City of CFzula Vista all reaa0nable sad aeceaaary experaaes in the pros¢cution of a suit 0r suits to condemn said real propertyo That th¢ reel property refaraed to hereA_eabove in Chis E¢solutioxs is situated in the City of Chula Vista, County%of San S1iegQ'awd State wf California, and more partic~al.arly do~.cribed asj follosass . Property owned by b~i98T1E 8381~'FCx~ERY FFh~]PT4Td, described on Exhibit ~~g" ha Pa$~.dl 4700 j attmmaahed berate and seeds a part hereof ~y this refer- enco thereto as though here set forth 1a fu11G Propeatp owned by 88LdAE1D bo SFFELCSflB deaerib¢d on Exhibit P1 B" as Parcel 800 4-D, attaehed h¢r~to axed sractdc a part hereof by thin reference thea~eto am though here sat forth in fsxl%~ Property 0emed by FIEWE?~ A.o C~113T~.Sd~B, described on Eact.ibit "~" as Parcel 800 4-E, attached h¢xato and maxto a part Ptereof by this referenc¢ thereto as though here set forth in fullo Property wWn¢d by Ad,~ERT Go BL+YEE, described on Exhibit °'B°' as a Parcel 800 9, attached h¢seto and made a part h¢reof by this reference ,. thereto as though Lere set f0reh in fullo 6a That a plat of the area in ~r$sich the said p~wpos¢d sites to be e0ndemned ark lwcated is attached hereto and rxarked Exhibit "G" foe information purp0seso .z ... _ _, . PASSED ANBD AI'PB.(39E1 this 15th ~~ ®£ ~ote~ t®Draigo A1tSS e C~s+n~ilss~sa_ NA1°ESo Councilmen ABSENS„ Councilmen, h1r ttae CITS COiJi1C%v of the CI`ti% VISTA ~ CAY~IEOFKNI!'w October, 1963 by tdno ~cr~llc?~rin~ Smith DeGraaf McMains McAllister: Menzel ~~_„® None ---~~ None ...,__~.--m-- -- --- -~~E~+3the Ci .o£ G3t+~la Vieth ATTESTs e ~ Cid;y Clerk 1 . sxnTS CAdoIPO$NIA D ua s ~I~o ~ CIY`1C OF CFIUTA VISTA I~ SEt~iST~i Pn CA@1PSELl.p City Clods o£ the City o£ Cisula Vietae Celi£orxaia Dt9 NEREB% CEBTYFS tdwt tdae ab~+re a~ £oreSoiag is s full a true and r~t»xrert ,nub thmt t13.e same daa.e hart been copy o£ enrrnded ox repoaledo DATED; ...._. ` Mo City Clerk _~~ Ordinance No. 847 :\N ORDISA NCN: ON' THN: CITY OP CIIULA VISTA. CALIN`ORNIA, UECL,\RING '1'IlA'1' PAItIZING UIS'I'R IC'C NO. 1 OF TH F. CITY ON` GHIJLA VIS'pA IS FUItMEU ANU DE3CRIRING THE ACQUI- SITIONS AND I3[PItO\'F.IIENTS R'O 11 NI MADE THEIIENOIt. WHEREAS, on February 6, I9G3, a Petition Eor the forma- tion of a Parking distCall[ornia, City of Chula Vista, under the provisions of the Park- ing llia[rict Law of 1951 (Par[ 4, Division 18 04 [he Stroeta and H igh n'a YS Code of the State of Califu rata) was filed in the of- fice o[ the City Clerk; and R`HI:RE AS, the elty Clerk ex- amined said Potition and there- after certi [led to this City Co~n- cil that said petition was signed by the requistta number of sign- ers: and _., Council adopt thatr said ~petitlon 3040, finding is Sufficient aPDroving said pe- tition and oertificate; ag'reeing' to install and maintain or to con- tinue to mainGdn p:u'king' met- ers on certain public ways with- in the dis Vicf as Proposed in sxiri petition; Pi ailing and de- termining' that the public inter- est, convenience xnrl. necessity require that such meters be in- stalled and maintained or contin- ued to be main[ahred as propos- od in said petition; and direct- ing [he City Engineer to make and file with the the matters x report showing specified In Section 35257 of said Streets and Highways Code; and R'I1ERP.4S,,, thereafter [h is.. ~. City Council adopted Ordinance No. 829, declaring and agreeing that certain described ]ands owned Py Hall Purpos'esu oe VSaia shall. proposed parking dl strict, be held, used and treated in al~aces spects the same as Parking P to be acquired with the proceeds of bonds to be issued under said i.ao': and W'HI?REAS, thereafter the City h:ngineer' did make hie report and file Lhe same with this City Council; and' 19f3, W FPEREAS.` on MuY 14, this City Council adopted its Resolution No. 3110, declaring Its Intention to form said park- ing dis Vicq to be known and designated as the 'Parking Dis- trict No. 1 oP the City of Chula Vista" nail fixed n time nail place Por hearing on [he pro- posed formartion oP said district; and VV HEREAS, copies of anid Res- olution No. 3115 were Published and mailed ns Provided by law and said hearing was held at the Hme and Dlace so fixed: and R"Hi9RE AS, at the hearing Pro- vided allr Perso pis dens ~ing oto Nbe 3115, heard were fully heard and'all protests and ^oblections made or filed were fully heard nail the Warne have beon ovonvled nail dented by order entered on the minutes, and said hearing has been duly concluded: and W'HE REAS, this City Council h:rs determined by order enter- ed on Its minutes Lhat written obi actions or protests objecting to the formation of said district have not been made by the own- ers oY taxable real pro Party in said district -having an assessed vnluat ion of more than one-halt of the assessed valuation of all t:uahlo real Property in said dis- trict: and R'H IBI; F:AS, it is the opinion of this City Council that all oP the Laud in the proposed district, as describer) in said Resolution Nu. 3115, will be benefited by th0 prnno sad nroie this City Council, WHEREAS, during the course of said hear- ing Procured and received such evidence and Information as it deems necessary and ade9u¢n~ ti[ mrnhle it to determine, does herehY find and determine, [hat there is public need Yor the parking facilities de scribod in said Resolution No. 3115, that the Proposed district aPPrgximatelY Covers the con tigunus area need- ing such fac^ities, that all of the pro Party within the Vro- posod district wi1L hC benofited thereby, and that the proposed acquisitions and improvements :Re located and designed in the manner most cam Pa ti ble with the greatest 1-uh1iC good and the ]east private injury; NOW, THE RP•.FORL:, the Ci[Y Comrril of the CttY oY Chula sta, DOES ORDAIN as fol- wa: Section 1. That it is hereby ~.cla red that a Parking district ~slgmrted as "Parking District ~. 1 of the City of Chula Vista" formed under and Pursuant the Parking District Law of 61, and the ex tenor boundaries 'said district are herehY ea[ab- Ihed ae follows: All that portion oY Quarter !coons 13 G, 137, 135 in [he City t Chula Vista, County of San Di- ;o. State of California, accoiled ig to bfaP thereof Po. 505, : the office of the ~ sc~ibed as an Diego Cou n[y, )MOWS: Beginning a[ a point on the 'ortherly line of "N:" Street, Oe- tg also the Southerly line of got 30 of Quarter Section 136, is[an[ thereon 25 feet from [he outheasterly corner of said Lot 0: 1-Thence Northerly, Parallel with the Easterly line of sail Lot 30, lfi5 fee4 2-Thence Westerly, along the Northerly line oL tl',e 6outh- eriy 1G5 feet o[ said Lot 30, a distance oY 595 feet more or less to the 1!:asterlY line of Third Avenue, being also the Westerly line of said Lot 30; 3-Thiste r1y511neh23~ 6 feet to the Northerly line of the Souther- - ly ]41.25 fee[ of Lot 31 of Quarter Section 136, and Its Easterly Prolongation; 4-Thence Westerly along said Northerly line and the pro- longation thereof, 537 feet more or less to the Easterly line of the Westerly 162.35 fee[ of said Lot 31; -5-T asterlyNlly a e60Y feetvto Sthe Northerly line of the South- ~.lv 141.25 feet o4 anid Lot 6-Thence Westerly along said Northerly line 132.35 feet to the IiasterlY line of Garrett Avenue, said line being also 30 feet Easterly of and Par- allel. to the 1V esterlY line of said Lo[ 31: 7-Thence Southerly along said Easterly line of Garrett Ave- nue,. 411.25 fee[ more or' less to `the SouBlock C ofYThom Pr of Lot 3, son's Subdivision, Map No. 1197;filed in the office of the County Recorder of Sxn Di- ' ego County; S-Thence Easterly along the Southerly line of said Lot 3 and its Easterly prolongation, 132.5 feet to the centerline of the alley in said Bloch C: 9-Thence Southerly along the centerline of said alley and its South eriy Prolongation 800 feet more or less to the Northerly line oP Jiohnikes Snhdiv isio4 according to DIaP thereof No. 7284, filed in the office oP the County Re- corder of San Diego County; SO-Thence Westerly along said Northerly line 132.81 feet to the Easterly line oL Garrett Avenue: 11-Thence Southerly along the Easterly line of Garrett Ave- nue, 290.40 feet to tho North- ' eriy line of "F" Street; 12-Thence R"esterly along th Northerly line oL "F" Street 20 feet; 1-Thence Southerly- along th prolongation oe the I:asterl line oY Garrett Avenue, ac cording to Jlap thereof No R20, filed in the offi440Of fee County Recorder, more or leas, to the So utherl line of Center Street: 14-Southerly asl ~no of ovCente Street, 1fi3.Rfi feet [o th R'esterly line o[ Landis Ave nue: 15-Thence Southerly, along th t\'estarly lbte of Landis Ave nue and it290 Pests more ro ]ongatton, less to the Southerly tin of Madrona Street: 1G-Thence Easterly along sat So utherlY line [o an interse Lion with the Sou thwesterl right-oY-way line of the 9a D iegn and Arizona Easte Railway, as recordod in Boa 459, Page 25 oL Deeds. Re orda of said County, sa right-of-way li:n; being non-tangent curve to tl righq having a rarllus of 4 feet; li-Thence Southeasterly alo the arc of srid curve to t Northe ay lino Parallel kwi being and 40.00 feet Norther measured at right east from the Southerly line Lot 26 of Quarter Section_ 137, according to Recorded MaP No. 505, filed in the of- fice of the County Recorder; IS-Thence Westerly along said Northerly line of Parkway, to the Northerly prolongation of the centerline o[ Tract D of Howe's Subdivision, MaP No. 1923, filed in [he office of the County Recorder oI San Diego County; 19-Thence So utherlY along the centerline oL sn[d Tract D, now a dedicated alley to the Southerly 11ne o4 "G" Street. being also a Ilno parallel to and distant 40 feet Southerly at right angles to [he South- erly line of Quarter Section 137; 20-Thence Easterly along said Southerly line of "G" Street 670.85 feet; 21-Thence Northerly at right angles to the above describ- ed course 50.00 feet to a Point wt the Northerly line oP "G" Street, said point also being upon [he centerline of the alley Iret wean Lote ]hand 15 oC Rlock G of Chula Vista Villa, Tract .N O. 2, acoo riling to Man Nn. 1306, filed In the office of the Cnuuty Recorder of San Diego County; 22-Thence Northwesterly along said centerline of the alley to the Southerly prolonga- tion of the oommon lot line of Lots 3 and 4 of said Block G; 23-Thence Northerly along said lot line to the Southerly lino n4 M:rdrona Street; 24-Thence Westerly along said Southerly line to the South- erly prolongation oP the W eeteriy line of Luts 8. 9, 10, 11, of Rlock 4 oL said Slap No. 1306: 25-Thence Northerly along said Southerly Prolongation and said Westerly line to the Northwest corner of said Lot Il; 2G-Thence Easterly along the Northerly line o4 said' Lot 11 and its Easterly prolonga- tion 185 feet more or less to the Easterly line oL Church Avenue; 27-Thence Northerly along said Easterly line, 200 feet, to the Southerly line of Center Street; 28-Thence Easterly along said Southery line 330 feet do the Easterly line of Del ASar Avenue; 29-Thence Northerly along said Easterly line 350 feet more or leas to the Southerly line of "F" Street, being also a line a'hlch is parallel to nail distant 40 Leet Southorly at right angles to the East- West centerline of Gjuarter Section 1.37; 30-Thence 1V estarly along said Southerly line 1i0.6'L feet more or less to the South- erly Drolon gation of the common lot lice oP Lots 41 ape 42 of Dyer Tract, acc~rd- ing to \laD No. 1891, tiled in the office of the County Re- corder of said San Diego County; 31-Thence Northerly along said Southerly Drolon gation and said lot line [n the North- e easterly corner of said Lot 41; ' 32-Thence W'eaterly along the e Northerly line of said Lot y 41. ^a feet to the Southwest- _ eriy corner of Lot 46 oL said Dyer Tract; ~ 33-Thence 5ortherly along the t Westerly line of said Lot 4G y and its Northerly Prolonga- tion, said proton Batton being e also the centerline of an ai- r ley bebreen Lots 22 through e 31 and 36 through 45 oY RaL _ eRffe Tract, Map 1M138, Rec- ords of said County. 1220 e feet more or less to the North eriy line of 'T" Street; 3i-Thence F.ua[erly along said r Northerly line, 140.?? Yee[ .: e more of less to the Point n4 Resin W ins. d Secton ~- That n general de- c_ scriPtimt of the ]ands in the City y of Chula Vista, County o4 San n Diego, to be aagv trod in' fee sim- rk places ris vas folio usbtic Parking C_ Parcel A-1: A71 that Portion id of Lot 5 in tluarter 6ection a 137 n[ Rancho do la Nacion, to according to Recorded Map 5p thereof Nn. 605 mt file in the office of the County Reconl- ng er of San Diego County, de- lte scribed ae follows: ay, Commencing at a point th which is North 1R°28' West, ly. ff.20 feet from a point North ea 71°22' East, 145.50 feet from of the Southwesterly corner of subst^:�.---11Y as Provided in said 1. Clearing and grading all Parking District Law of 1951. said Lot, said point of ort - scribed is as follows:and Section 7. The City of shall west e ly corner being the North- certify to the he City and adop- and westerly corner of the land parcels, including concrete ex- tion of this ordinance and dop- and Harriet et S. Browne S. Browne moval buildings the removal of ex- cause this ordinance to be hall J. Haon S. eedwr a to F. fisting buildings and other ob cause lished once ordinance in the CHULA p pub- in Book by deed recorded st 2. Preparing and compact- STAR-once S, a DBook 747, Page 31 of TAR circulation-WS, a newspaper and printed Deeds, County; thence North m3.s Paving all sparcels elwith general n the City of Chula Diego County; Vista. 18°26' West, 66.00 feet to a asphaltic material, together publi3hed S. This ordinance shall point in the Southerly line with. Construct on of portland J. the Browne conveyed ri W. • ingress to and egress from said (30) days from on. and after the date J. S. Browne and Harriet.S. cement driveways to, provide not become, effective until thirty et al e to deed da e McGraw, laces. ADOPTED, SIGNED AND AP- in al,20, deed' dated Novem- parKinRe oval construction PROVED this 9th day AND July, bet oo 1633 and recorded 5. 1963. in Book 632, Page 217 of and reconstruction of side- (s) Keith W. Menzel Deeds; thence North 71°22' walks, curbs and gutters on all Mayor of the City of • East along the Southerly line parcels Construction required. Chula Vista, California.f of the land , a conveyed distance of lands and wheel bar barriers on all ATTEST: said McGraw, (s) Kenneth Campbell tion feet the o t irly pro- parcels. City ennk of the Campbell of tion with the Northerly pro- r. Painting stall lines and ( i) Chula Vista, California. lineation land the Easterly aid instal lines and arrows (SEAL) to of the land n conveyed and installation of appropriate (SEAL OF CALIFORNIA) to Norton hereinbefore re- traffic and information signs COUNTY OF SAN DINIA) . 25' East to; thence South 18' on all Installation of lighting CITY OF OF SAN VISTA) extension East along said Northerly 8. I KENNETH P. CAMPBELL, extension 66.00 feet r of said systems on all parcels. City Clerk the City of Chula Northeasterly corner of South 9. on Parcel . retaining Vista, California, DO HEREBY Nortons land; thence South wall on onstr do CERTIFY that the foregoing BY or- erly l West along the North- 10. Construction Parcel -5 chain dinance was that the foregoing o of the a distance line a said 1 Nortons land, link fence on Parcel and l onance regular introduced on an the- meters on all j a distance of 115.81 feet per 11. Acquisition and instal a- City Council duly held and there- deed recorded in Book 6532, parcels. parking 2nd day Council July, Coun 82 of Official Diego, Cali 12. Any necessary work and 2nd at a regular 1963,meeting e- County of San Diego, appurtenant to any said City Council duly held on record (115.61 n R feet per Page materials age the 9th day of July, he, was necessary of Official al Rook Records, County y of the lyrwith city ordinances. duly read, passed and adopted of Official , California),Cnn to Section 4. That this City Coun- by said City Countand adopt d of San Diego, omifencm and said by the point of commencemen th hereby finds and determines and that said ordinance Parcel A-2 — The Easterly Westerly 65 that the public interest and ne- was passed th adopted by the 125 feet of the Easterly 237 andlconstructiontby the gC tylof foss wing vote, to wit: feet of the Southerly places AYES: Councilmen Mc Mains, feet 137 Lot 7 n Quarter de Sec- Chula Vista deof scribed,the parking P AYES: Councilmen Smith Mc tion 1 according din o de c ded ty de ribed in that the isonee- NOES: r, Men el, he Mop, erf N t5 recorded ty art described in Section 2 is nee- NOES: C: Councilmen De Graaf Map the thereof of 505 Co my essary therefor, and that the nts (s) Kenneth Camp R the office San the County i herein ds and impan e d ntd City Clank hf the City of Recorder of San Diego Coun- locateddeinrithe are planned Chula Vista, California.he City ty. (SEAL) Parcel A the The Westerly let will be most public good with the STATE OF CALIFORNIA) feet the the Easterly 200.30 feet greatest Public good and the COUNTY OF SAN DI NIA) of the 10 of Quarter feet least private injury. CITY OF CHULA VIST O) . tion Lot 10 of Quarter Sec- Section 5. That the City At- I KENNETH P. IST CAMPBELL,\) hula •City of tion 1 c of ing to Map la re- to is the City of Chula Vis- City Clerk of the DO HEREBY of No.according file Mnp the of- a is hereby ae action eor act ons in Vista, California, fice No. 5th on,file in tee rd- appropriate Vista for the condemnation of CERTIFY that the above and Tice of the County Record- the name of the City of Chula foregoing is a full, true and cor- er of San Diego County. places, as set forth use fort copy of Ordinance and or- Parcel hula Lot 13 it Block 4 the parking be s, as set for use re of said city and that said ordi- Map Chula Vista Villa or ed Se Parking P pence was adopted at the rdi- Ma 2 thereof N . to recorded ever, that 2 hereof; provided, how- and by ape vote stated on the Map there is No. the County my ever, that rah purchase may contract tsaid certificate by the attached thereto, and Rthe office San the County lan the pprocure re options of any has not been amended or repeal- Recorder of San Diego Coun- chase any of sai lands,o and ed. ty portion thereof can DATED: July 9,1963. P Bloc A-5:of Chula 2 and 3 la if all acquired any P contract or un- (s) : July 9, Campbell Tr ct 6 of Cauca diisga Villa der op option, price which this City Clerk of the City of Tract Map p, according to re- City Council deems satisfactory, Chula Vista, California. corded Mnp thereof No. 1206, (SEAL) published in such lands or C file Recorder the office Saof n the thereof need not becinc included in Legal No. CV-4805, P County Recorder of San Di- said condemnation actions, or.if the Chula CV-4805,05, 213 is6ed in ego County. included therein need not be con- la Vista, Calif., July Section 3. That a general de- be made and constructed ontsaid tons shall be filed condemnation con- parking places hereinabove de- demnation proceedings taken County of San Diego, City of Chula Vista, ss of the said City and County, being duly sworn, deposes and says: That he is and that he is the of at h all he therein y to, nor, me ested in the matter; the age and published twice weekly of that he it not V a party Ne nor m The Chula Vista Star-News, a newspaper of general circulation, printed an P said County, had and still has a bona fide sub- scription and which newspaper is published for the dissemination of local news and intelligence of a subscribers, and which newspaper has been established, printed the published in general character, and which newspaper at all times herein mentioned, i Tit list h paying o f San Diego, for a period exceeding one year; of said City of Chula Vista, County printed has been published in said newspaper on the following dates which the foregoing is a printed copy, to-wit: • + Title. -- 19 µ SUBSCRIBED AND SWORN to before me this day do hereby certify that the being an ordinance of the title title Kenneth true Clerk Nof o. California, requirements u general shown thereon;is a true that the of Ordinance No. shown thereon; that the same was published in The Chula Vista Star-News, a circulation, published in said city on ........................... ................. In witness whereof, I have hereunto set my hand and affixed the seal of the City of Chula Vista, 19 , California, this N. day of City Clerk of the State of Chula Vista, California (SEAL)