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HomeMy WebLinkAboutReso 1964-3544' . ,~ RESOLUTION 3544 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 " WHEREAS, the City Council has required as a condition of ' ,.app=o~ng.final maps of a,certain subdivision known as PRINCESS MANQR SUBDIVISION, the'opening'~~of certain street right-of-way, being a f .. - .. y .. - .. - .. . .porti:on of MELROSE AVENUE,,and. ; r f .WHEREAS',"there aYe~now'~on file in:the office of the: City . - Engineer certain ;maps.,. plans 'and~,drawings; of the said:.proposed street ' light-of-way entitled Melrose Avenue, dated September 15, 1964. ` NOW, THEREFORE, BE IT RESOLVED as.~ollows: ~ ~ _' 1. That the City Council of the City of 'Chula Vista find"s and 'determines and thereby declares that the public interest. and . `_ necessity require the construction and completiori`of a'certain public improvement. namely ,a street and right-of-way upon, through,. over; - •-under and aczoss the real property hereinafter described in this ,. ._ resolution:: " 's°"' 2; That the-said property so her.ei,nafter described is neces~""ary therefor and that such public improvement is planned and. located in the manner which will 'be most compatible with the greatest. ` 3 public good and least private injury. That the proposed location ' of said street and right-of-way is shown on. the said drawing, dated . September 15, 1964., ' 3. That the public interest and necessity require the acquisition';aiid taking of certain real property for street an'd=right- - of-way purposes for the 'installation, .construction, operation; ~, Page 1 maintenance, repair, replacement and reconstruction of streets, curbs, sidewalks, .shoulders, and utility conduits,,sewers and water lines, and all structures incidental thereto. 4. That the use of all and each and every part of said `<hereinafter 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 it ,is necessary that all and each and every part of said real property be so acquired and taken. 6. 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 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 appli- cation to the Court for an order fixing the 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 property, or any part thereof, and to make application Eor-an order permitting the said City of Chula Vista to take immediate possession and use of said real property, or any part oY pads thereof, and to make deposit of such security in'such;amouhts_fixed,liq the Court, and in such manner as the Court may direct, and to incur on behalf of the City . . Page 2 of Chula Vista all reasonable and necessary expenses in the prosecu- tion 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 in Exhibit "A" attached hereto and incorporated herein as if set forth fully. Page 3 ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this27thday of October 19~, by the following vote, to-wit: AYES: COUNCILMEN Anderson, McMains, McAllister, Sparling, McCorquodale NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the Cit ~ of Chula Visia '~ / GG ATTEST v ty Clerk STATE OF CALIFORNIA F p 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 • May 18, 1964 PRINCESS MANOR No. 2STREET .S SE1.'ER RIGHT OF. WAY , EXTENSION TO PRINCESS MANOR U2 All that portion of the West 1/2 of 1/4 Section 92 of Rancho de La Nacion according to Map thereof 1i 166 filed May 11, 1869 in the Office of the County Recorder, County of San Diego. State o£ California, lying within a strip of land 60.00 feet in width, the centerline of which is described as follows; Commencing at the Southeast corner of said Weat 1/2 of said 1/4 Section 92; thence along the Southerly line of said 1/4 Section 92. South 72° 00' 32" West 180 feet to an intersection with a line that is parallel with and 180.00 feet Westerly, measured at right angles to the Easterly line of said West 1/2 of 1/4 Section 92, said intersection being the True Point of Beginning; Chance along said parallel line, North 17° S3' 09" West 266.93 feat to the Southerly line of that certain parcel of land conveyed to Princess Park•.Eatates, Incorporated by document f~87351 recorded May 14, 1964 in Series 5 Book 1464' records of said-County and State., The side lines of said 60.00 foot strip of land to terminate in the °Southerly line of said .Princess Park Estates' land and the Southerly line of said We$t 1/2 of said 1/4 Section 92 respectively. `-`'• .Y Exhibit "A'~ 8 i SGAI-E: r 1„~ Ih~.~ _ ' ~'J"~h ~. LIh:G "l= ti>ti7.~:`-iGC=`~ .. :; .K G9aTc3T °'_:. ~;',C,. ' C.f G. nnc~~ i a..a~r. __ -.__-.-__-____..~_._-_. ~~L4~. `~',1/ ~''. 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