HomeMy WebLinkAboutReso 1995-18070 RESOLUTION NO. 18070
RESOLUTION OF THE CITY OF CHULA VISTA FINDING AND
DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY WITHIN THE BONITA ROAD BICYCLE LANE PROJECT AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY
WHEREAS, the City of Chula Vista is a chartered municipal corporation of the State
of California ("City"); and
WHEREAS, in conjunction with its municipal purpose of providing transportation
facilities, the City has resolved to widen Bonita Road between 1-805 and Bonita Glen Road to
accommodate a 5 foot wide bicycle lane along the frontage of Two properties on the south
side of Bonita Road, one of which is the subject parcel ("Property"). The subject parcel is
legally described in Exhibit A and diagrammatically shown in the corresponding map
designated as Exhibit B all of which are attached hereto and incorporated herein by reference;
and
WHEREAS, the Project includes roadway work required to be constructed at the
southerly side of Bonita Road requiring acquisition of the Property described in Exhibit A,
..' ' owned by Denny's Realty, Inc., for a permanent street easement,; and
WHEREAS, the City secured substantial and convincing evidence that the public
interest and necessity require the project, and the Proposed Project is planned and located in
a manner that will be most compatible with the greatest public good and the least private
injury, and in order to effectuate the Project, the acquisition of the Property is necessary; and
WHEREAS, the City received substantial and convincing evidence that the City
engaged in good faith negotiations for the voluntary acquisition of the Property which efforts
included the extension of an offer for the acquisition of same at fair market value, and various
correspondence and efforts to contact the affected owner and interest holders in the Property;
and
WHEREAS, the City received substantial and convincing evidence that the acquisition
of the Property is for a public use, to wit: the widening of a transportation facility; and
WHEREAS, the City is authorized to acquire the hereinafter real property, or easement
interest in real property, pursuant to California Code of Civil Procedure sections 1245.210
through 1245.270; and
WHEREAS, the City has considered all of the evidence submitted at the he~'ring
including the staff report;
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:
Resolution No. 18070
Page 2
1. Findings Related to Necessity of Project.
A. Public Interest and Necessity Require the Project.
The public interest, convenience and necessity of the City of Chula
Vista, and its residents, require the Proposed Project in order to
accommodate a 5 foot wide bicycle lane, and provide consistency with
the City of Chula Vista's Bikeway System.
B. Project Planned and Located for Greatest Public Good and Least Private
Injury.
The property described in Exhibit A is necessary for the project in order
to provide for a safe driving lane for bicycles going eastbound on Bonita
Road. The roadway design will maintain two lanes for vehicular traffic
going easterly on Bonita Road and provide an separate lane for bicycles.
The design of this project is such that it will provide the most public
good and the least private injury. The property is necessary for
construction of the Bonita Road bicycle lane project. The proposed
taking of 0.014 acres is a small portion of the total acreage owned by
Denny's Realty, Inc. The need for improvements for health and safety
purposes outweighs the minor effect on Denny's Realty, Inc.
C. Property to be Acquired is Necessary for the Project.
The property easements are necessary for the project since they are
located within the proposed right-of-way, as illustrated in Exhibit B.
D. The taking, as to any portion of the property which is appropriated or
dedicated to a public use, is for a compatible public use consistent with
and authorized by Code of Civil Procedure section 1240.510.
E. The taking, as to any portion of the property which is appropriated or
dedicated to a public use, is for a more necessary public use consistent
with and authorized by Code of Civil Procedure section 1240.610.
2. Voluntary Offer to Purchase the Property Made.
The offer required by section 7267.2 of the Government Code has been made
to the owner of record for the acquisition of the required easements to the
parcels necessary for the project.
3. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, and all appropriate officers, representatives and
attorneys is hereby authorized and empowered to acquire the easements to said
Property by condemnation is the name of the City of Chula Vista to be used for
I111F
Resolution No. 18070
Page 3
the municipal purpose of enhancing a transportation facility, in accordance with
the provisions of the Code of Civil Procedure, and the Constitution of California
related to eminent domain, 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.
4. 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 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 including but not limited to Code of Civil Procedure, Title 7,
Chapters 1-12, sections 1230.010-1273.050).
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.
5. Compliance with CEQA Certified.
A Negative Declaration, case No. IS-94-010, was prepared and filed for the
subject project in compliance with CEQA requirements.
Presented by Ap v o f y
Resolution No. 18070
Page 4
EXHIBIT A
DENNY'I IIEALTY INC.
A.P.N.: 170-140-60
TbatPortionofLm2ofSunnyVimlnlkCityofChulaVim.agaml~tolaplknofNo.
2207, fdr, d ja Ibe offme of the County legruder of Sa~ Dilo CmuEy, ~ 30.1936. ducrbd
Is follows:
kl~m~ng at lhe iraerection of the Wuerly !i~ oftaM Lot 2 with a line Imllkl ~ and SO
feet Ioutherly from the gemgrlin= of i:mjla Road, tam poim also brim Ill WIle Illat of
bqhudng; thence along tam plrllkl line North 88 42' 30' East,60.4] Itat; IIItlge Jouth
16 05 ' 16' East, 66.15 feet; them South 88 42' 30' Wut, 133.55 kv m add vem~ly i of
lot 2; eence aloni aid Isterly lira Nox~ 17 29' 14' Wast, 6.23 tee to ~!= Ire, Imlat of
'IZGI?qN]NG.
~ AItEA CONTAINS 0.014 AC'iiY~ (608.5 50. i=T.)
Resolution No. 18070
Page 5
EXHIBIT B
Resolution No. 18070
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of October, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
ATTEST:
Beverly A. Authel~ty
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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. 18070 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of October,
1995.
Executed this 10th day of October, 1995,
Beverly A.~uthele~ty C~erk ~