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HomeMy WebLinkAboutReso 1966-3994RESOLUTION NO. 3994 • RESOLUTION NO. 3994 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERiMINING AND DECLARING THE PUBLIC NECESSITY FOR ACQUIRING PROPERTY FOR THE PURPOSE OF A PUBLIC RIGHT-OF-WAY FOR THE EXTENSION OF "H" STREET 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 Council of the City of Chula Vista has heretofore determined that that certain street known as "H" _street in the City of Chula Vista should be extended, and an extension of said street will pass through that certain subdivision known as PALM GARDENS ESTATES, and WHEREAS, the Chief Administrative Officer has been instructed to acquire the necessary property for right-of-way purposes by condemnation or by negotiation with the respective property owners thereof. 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 that portion of the subdivision known as Palm Garden Estates for right-of-way purposes for the extension of "H" Street, said property being more particularly described on Exhibits A and B , attached hereto and by this reference made a part hereof, the same as though set forth in full. 2 . That the use of all and each and every part of the property described on said Exhibits A and B 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 for the City of Chula Vista be, and he is hereby authorized,empowered and directed to acquire said real prooerty for the purpose hereinabove -1- 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 application for an order permitting the said City of Chula Vista to take immediate possession and use of said property, or 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 the City of Chula Vista al reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. Presented by - ‘116/Aat... Lane Cole, City Engineer Approved as to form by -271. H z George Lindberg, City Att ney -2- r. • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 15t]dlay of February 19 66 , by the following vote, to-wit: AYES: COUNCILMEN McAllister, Anderson, McCorquodale, Sperling NAYES: COUNCILMEN McMains ABSENT: COUNCILMEN None Mayor of the City of Chula Vista ATTEST � t -, • fi. b-CC.‹-'1 C;`C-f�- 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, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk CC 652 „ 3_ ? ct , / LEGAL DESCRIPTION of Slope Rights for "H" Street Extension in Palm Gardens Estates That portion of Palm Gardens Estates, according to Map thereof ty of No. 5383, filed in the office of nhNiarchn4y 1964rand,morenparticu- San Diego, State of California, larly described as follows: Beginning at the Northeast corner of Lot 4 of Palm Gardens Estates; Thence South 70°26 ' 50" West, along the northerly line of said Lot, a distance of 200.00 feet to the northwest corner of said Lot; Thence South 19°33 ' 10" East, along the westerly line of said Lot 4, a distance of 0.97 feet; Thence South 70°05' 20" West, along a line which is parallel on with, and 80.00 feet northerly l4 the Lot boundary, a distance of 529.74 of said subdivision; Thence North 19°10' 30" West, along said westerly line of Lot 10, a distance of 7.00 feet; Thence North 70°05' 20" East, a distance of 319.69 feet; Thence North 66°32' 51" East, a distance of 105.24 feet; Thence North 67°39' 07" East, a distance of 105.12 feet; Thence North 70°26' 50" East, a distance of 100.00 feet; Thence North 73°18' 27 " East, a distance of 100.21 feet to the easterly line of Lot 5; Thence South 19°08' 40" East, along the easterly line of said Lot 5, a distance of 12.00 feet to the Point of Beginning. Written by: A.P.M. Checked by: W.F.G. 2/15/66 =X ����� R3/9y LEGAL DESCRIPTION of Right-of-way to be Acquired for "H" Street Extension in Palm Gardens Estates That portion of Palm Gardens Estates, according to Map thereof No. 5383, filed in the office of the County Recorder, County of San Diego, State of California, on March 4, 1964 and more particu- larly described as follows : Beginning at the Southwest corner of Lot 10 of Palm Gardens Estates; Thence North 19°10' 30" West, along the westerly boundary of said subdivision, a distance of 80.01 feet; Thence North 70°05 ' 20" East, along a line which is parallel with, and 80.00 feet northerly of the southerly subdivision boundary, a distance of 529.74 feet to the westerly line of Lot 4 of said subdivision; Thence North 19°33 ' 10" East, along said westerly line of Lot 4, a distance of 0.97 feet, to the northwest corner of said Lot 4; Thence North 70°26' 50" East, along the northerly line of Lot 4, a distance of 200.00 feet, to the northeast corner of said Lot 4; Thence South 19°08' 40" East, along the easterly line of said Lot 4, a distance of 79.72 feet to the southeast corner of said Lot 4; Thence South 70°05 ' 20" West, along the southerly subdivision boundary line, a distance of 729.71 feet to the Point of Beginning. Written by: A.P.M. Checked by: W.F.G. 2/15/66