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HomeMy WebLinkAboutReso 1997-18594 RESOLUTION NO. 18594 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY AT 2620 MAIN STREET FOR THE CONSTRUCTION OF THE "MAIN STREET WIDENING FROM INDUSTRIAL BOULEVARD TQ BROADWAY" PROJECT (ST-961) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-OF-WAY WHEREAS, the City desires to widen Main Street from Industrial Boulevard to Broadway (Project No. ST-961) ("Project") in order to accommodate increased traffic flows and for other public health, safety and welfare purposes; and WHEREAS, in order to complete the Project, the City must acquire certain right-of-way over property located at 2620 Main Street as more particularly depicted on Exhibit A, attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, on September 3, 1996, in accordance with Government Code Section 7267.2, the City made an offer to acquire the Property to Mr. Louis Fernandez, the owner thereof; such offer was based on an appraisal and constitutes just compensation for the Property; and WHEREAS, the City has been unable to reach terms for the voluntary acquisition of the Property in a timely fashion after good faith efforts to do so; and WHEREAS, in order to acquire the necessary interest in the Property, it is necessary that the City Council conduct a public hearing on the matter of adopting a resolution of neoessjty to commence the eminent domain process; and WHEREAS, pursuant to a certified letter dated February 13, 1997, the owner of record of the affected Property, Louis Fernandez, was duly notified of the public hearing and his right to appear and be heard on the matter of the interest to adopt the resolution of necessity; and WHEREAS, the owner was also informed that the adol~tion of the resolution of necessity will authorize the acquisition of the necessary property rights through eminent domain; and WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235 the City properly noticed, and on March 4, 1997 properly conducted a public hearing to consider the adoption of this Resolution; and WHEREAS, at such public hearing the City considered all of the evidence submitted including all relevant staff reports, and all evidence relating to the need for the Project and the Property; and WHEREAS, the City of Chula Vista possesses the right to acquire said Property by the use of the power of eminent domain in accordance with California Code of Civil Procedure and Resolution 18594 Page 2 Section 1240.030 which provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: A. The public interest and necessity require the project. B. The project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury; and C. The property sought to be acquired is necessary for the project. WHEREAS, the public interest and necessity require the proposed project in that public safety dictates that the City of Chula Vista maintain a public road system, concrete curb and gutter, sidewalks and driveways, designed and constructed to accommodate traffic, health and safety demands; and WHEREAS, generally accepted traffic and engineering standards dictate that Main Street be widened to a 102 foot wide right-of-way; and WHEREAS, the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury in that an existing roadway is being widened and only the Property necessary for the widening is being acquired; and WHEREAS, the Property to be acquired as depicted on Exhibit A is necessary for the proposed Project in that no other property is available which affords the capability for the widening of Main Street to currently accepted traffic and engineering standards. NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS: 1. Proposed Use and Description of Property to be Acquired. The Property, as more particularly described in the above recitals and on Exhibit A attached hereto and incorporated herein by this reference, shall be used for the construction of a portion of the Main Street widening project (ST-961) and related appurtenances between Industrial Boulevard and Broadway (the "Project") in the City of Chula Vista. The interest in the Property to be obtained is an easement. 2. Findinas Related to Necessity. A. Public Interest and Necessity Reauire the Proiect. The public interest, convenience and necessity of the City of Chula Vista, and its residents, require the installation and maintenance of the Project to provide for safe and proper traffic flows through this section of Main Street. Resolution 18594 Page 3 B. Project Planned and Located for Greatest Public Good and Least Private Injury. The Project has been planned and located to be most compatible with the greatest public good and the least private injury in that an existing roadway is being widened and only the property necessary for the widening is being acquired. Any other feasible plan or location would cause even more significant impacts on private property. C. Property to be Acauired is Necessary for the Proiect. The Property is necessary for the Project because it underlies the property over which the widened roadway, curb, gutter and sidewalk must be located. D. Public Use Property. To the extent that any portion of the Property includes property previously dedicated to public use, the taking by the City as to any such portion is either for a compatible public use consistent with and authorized by Code of Civil Procedure Section 1240.510, or for a more necessary public use consistent with and authorized by Code of Civil Procedure Section 1240.610. 3. Voluntary Offer to Purchase the Property Made. AS set forth in the recitals, above, an offer to purchase the necessary easement in the Property for an amount constituting just compensation, as determined by an appraisal, has been made to the owners of record of the Property in accordance with Government Code Section 7267.2. 4. Authority to Proceed in Eminent Domain Granted. The City of Chula Vista, as the designated responsible lead agency for the Project, and all appropriate officers, representatives and attorneys, are hereby authorized and empowered, as provided by and in accordance with the applicable provisions of the Constitution of California, Government Code, Code of Civil Procedure, the City Charter and Municipal Code related to eminent domain, to acquire the necessary easements to the Property by condemnation is the name of the City of Chula Vista to be used for the municipal purpose of enhancing a transportation facility, and for Health and Safety purposes, as and to that end, it is authorized and directed to commence and to prosecute an action or actions in eminent domain for the purpose of acquiring easements to the Property. 5. Retention of Eminent Domain Counsel Authorized. The City Attorney for the City of Chula Vista, as General Counsel, and the law firm of Daley & Heft, special attorneys for the City are hereby authorized to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs, and other instruments and to make such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California Resolution 18594 Page 4 including but not ~imited to Code of Civil Procedure, Title 7, Chapters 1-12, sections 1230.010-1273.050). 6. Appropriation of Necessary Proceeds. The proceeds required to fund the Project have previously been appropriated and can be used for purposes of acquiring the Property and paying Daley & Heft in connection therewith. 7. Issues of Urqenc¥, Expediency, Desirability and Necessity. The acquisition of the Property is urgently needed to expediently complete the Project and is manifestly desirable and essential to the declared objects of the City. The City of Chula Vista has urgent need for the immediate possession of such Property, and the designated attorneys on behalf of the City are authorized and directed to secure an order of court authorizing the City of Chula Vista to take possession of said Property at the earliest possible date. 8. CEQA Compliance. The Council has previously reviewed and adopted a Mitigated Negative Declaration IS-96-03 for the Project and made all appropriate findings and adoptions required by the California Environmental Quality Act ("CEQA") in connection therewith. To the extent that the adoption of this Resolution in and of itself will not generate any significant environmental impacts, this action is exempt from CEQA in accordance with CEQA Guidelines Section 15061 (b)(3). 9. Independent iudQment. The City hereby finds and determines that their approval of eminent domain proceedings, adoptions of this Resolution and related findings made in connection therewith, were the product of their exercise of their independent review and judgment. Presented by Approved as to form by Director of Public Works / J y AtMtorKn~eh~ny L~) I1' Resolution 18594 RIGHT-OF-VVAY MAP Page 5 ~ _~ 25' . .- EAST UNE PE. 30. NE1/4,l,~1/4. t illlI~ SEC22 ALSO I I ~ ElY RDW PER ~ I~-FD M-IO WELL I I ~ P£ 1760 & uON SD Co. I I  ENGR (R-1725) iII ~! pu 4310. ~!._0'_._' PRC PAC:IRC ELEPHONE & ' / · - L=122.52' ~ ~ / ~ .... ~;" ~'~ ~. ' / z? 622-111-12 ~S , ~ ~ 140 ~ ~__~ '~/~'~ = ' i'~' 'I;,""" 35'NE1/4. ~1/4 O~ EC 5E ~ ~ 70 5E ACOUIRED P~ ~,S~ C= ~525.35 S~ ( 0.076 AC) NE1/~, ~1/~ SiC 22. Jo~: ~a~ j~TLE Cl~ OF CHU~ VISTA ~: ~a RIGHT-OF-WAY ACOUISiTION ~ ~: "~ -- J~t ~ SILVAS STRE~ EXHIBIT A Resolution 18594 Page 6 PASSED, APPROVED, and ADOI~TED by the City Council of the City of Chula Vista, California, this 4th day of March, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Norton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~hirley Hotton, Mayor ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18594 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 1997. Executed this 4th day of March, 1997.