HomeMy WebLinkAboutAgenda Statement 1987/04/07 Item 15 COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 4/7/87
ITEM TITLE: Resolution/?76 ' Setting public hearing for condemnation
of property for street purposes in conjunction with Assessment
District No. 85-1 (Las Flores ve)
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Managerti (4/5ths Vote: Yes No X )
The City Council , at its meeting on March 10, 1987, set the public hearing
date of April 14, 1987, for the formation of Assessment District No. 85-1 (Las
Flores Drive). Included in the report given the Council on March 10, 1987,
was a map showing the status of the existing right-of-way needs regarding
construction of this project. This map is again herein attached. The
right-of-way required for eminent domain is adjacent to Parcel 48 and is
identified in the legend on the attached drawing.
RECOMMENDATION: That City Council set public hearing for condemnation of
property for street purposes in conjunction with Assessment District No. 85-1
(Las Flores Drive).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Since the Council meeting of March 10, 1987, staff has made a written offer to
Mascot Realty, Inc. to purchase the street right-of-way adjacent to their
property. Attached for your information is a copy of the letter sent to
Mascot Realty, Inc. , legal descriptions and plat showing the right-of-way
required for construction of the various street improvements associated with
Assessment District 85-1 (Las Flores Drive). The right-of-way is required for
construction of street improvements which include storm drain facilities, curb
and gutter, sidewalk, grading and earthwork for the roadway, etc.
Subsequent to sending this letter on March 26, 1987, staff had a meeting on
April 1 , 1987, with Robert Scott and Wayne Clark, representative of Mascot
Realty, Inc. , concerning our offer to purchase this right-of-way and other
related matters concerning their property holdings in the area. As a result
of this meeting, Mascot Realty, Inc. was unwilling to accept our offer of
$32,700 for the purchase of the right-of-way taking so that the various street
improvements could be constructed. Therefore, we are recommending that the
City Council set a public hearing for May 5, 1987, for condemnation of the
property described in the attached legal descriptions and shown also on the
attached plat.
WPC 2703E
the City Council of
Chula Vista, California
Dated ��'�'
fr
CITY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS March 26, 1987
ENGINEERING DIVISION File: AY-049
Mascot Realty, Inc.
P.O. Box 92002
Bonita, CA 92002
Attention: Robert Scott
LAS FLORES DRIVE - NORTH OF "D" STREET, TAX ASSESSORS PARCEL NUMBER 566-110-18
Per our previous correspondence, a public hearing will be held on April 14,
1987, concerning the formation of an assessment district to construct the
street improvements in Las Flores Drive north of "D" Street.
Before the City can construct the improvements adjacent to your parcel , it will
be—necessary-to- obtain the required right-of-way. The City obtained the
services of Gerald S. Kibbey and Associates, Inc. to appraise the value of the
right-of-way taking from your property. The original appraisal was made on
June 8, 1983 and the value was updated by Gerald S. Kibbey and Associates on
March 25, 1987.
The appraised value, as of March 25, 1987, of the right-of-way taking from your
property is $32,700. The City of Chula Vista hereby offers to purchase the
right-of-way taking from your property for the appraised amount. Our offer of
purchase -rs contingent on the successful formation of the assessment district
by the City Council .
On acceptance of our offer the City will guarantee payment of the appraised
value when the district is formed. If you agree to our offer of purchase,
please acknowledge by signing on the line provided below and return the
original of this letter to us.
In addition, I have enclosed the right-of-way documents for the property to be
purchase. Please execute these documents and attach the proper notary and
return to us.
For your convenience, a self addressed stamped envelope is enclosed. If you
wish to discuss this further, please contact Shale Hanson at 691-5114.
TOM GARI3AY
DEPUTY DIRECTOR OF PUBLIC WORKS/ENGINEERING
SLH:yc
Acceptance AcicnowIedgement
(B4:MASCOT)
;r.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5021
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WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P.Q. Box 1087
Chula Vista, CA 92012
ASSESSOR'S PARCEL NO. 566-110-18
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR STREET PURPOSES
•
MASCOT REALTY, INC. , A CALIFORNIA CORPORATION
do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of
California, the right-of-way and incidents thereto for a public street upon, over and
across that certain real property in the City of Chula Vista, County of San Diego, State
of California, described as follows:
That portion of Lot 12, El Rancho Villas, in the City of Chula Vista, County of
San Diego, State of California according to Map thereof No. 2376, filed in the
Office of the Recorder of San Diego County February 11 , 1947, and of the West
half of 80 acre Lot 1 of Quarter Section 125 Rancho de la Nacion according to
the Map thereof No. 166 by Morrill , filed in said County Recorder' s Office May
11 , 1869, more particularly described as follows:
Beginning at the Southwest corner of said Lot 12, El Rancho Villas, said point
also being in the Easterly line of that land conveyed to Clarence W. Hensel et
ux by Deed recorded March 22, 1923, in Book 931 , Page 246 of Deeds; thence
along said Easterly line North 20°11 '33" West (record North 19°48'12" West)
60.00 feet to the True Point of Beginning, said point also being the southwest
corner of that parcel of land conveyed to Security Pacific National Bank, as
Trustee of Trust #08-5-07635-0 by Deed dated March 25, 1981 , filed in said
Recorder' s Office in Book 1981 , File/Page No. 81 -158629 on May 21 , 1981 ;
Thence along the Westerly line of said parcel of land conveyed to Security
Pacific National Bank, as Trustee of Trust #08-5-07635-0, North 20 011133" West
489.71 feet to a point 37.39 feet southerly of the Northerly line of said 80
acre Lot 1 , being also a point on a non-tangent 50 foot radius curve, concave
southerly, the radial of said curve bears South 20°11 ' 33" East; thence easterly
and southerly along said curve through a central angle of 107°48'31" an arc
length of 94.08 feet; thence tangent to said curve South 02°23'02" East a
distance of 50.00 feet to the beginning of a tangent 90 foot radius curve,
concave easterly; thence southerly along last said curve through a central
angle of 17°48'31" an arc length of 27.97 feet; thence tangent to last said
curve South 20°11 '33" East 349. 97 feet to the intersection with the Southerly
line of said parcel of land conveyed to Security Pacific National Bank, also
being the Northerly line of said Lot 12 of El Rancho Villas according to Map
No. 2376; thence along said Southerly line South 71 °12' 10u West 28.01 feet to
the True Point of Beginning.
Excepting therefrom that portion of the above described property included
within the boundaries of El Rancho Villas according to Map No. 2376.
Area = 15,217.6 S.F.
or 0.3493 Acre
y' +
The Grantor hereby further grants to the City of Chula Vista the privilege and right to
extend drainage structures and excavation and embankment slopes beyond the limits of the
herein described right-of-way where required for the construction and maintenance of
said public street. RESERVING unto grantor of the above described parcel of land, his
successors or assigns, the right to eliminate such slopes and/or drainage structures or
portions thereof, when in the written opinion of the City Engineer of Grantee, the
necessity therefore is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said City Engineer.
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow) , and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessary, in the construction,
reconstruction, improvement or maintenance of said public street.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor' s remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
public street.
Dated this day of , 19
Attach proper notary.
WPC 2618E
•
•
WHEN RECORDED, PLEASE MAIL •
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 92012
ASSESSOR'S PARCEL NO. 5661110-18
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR STREET PURPOSES
MASCOT REALTY, INC. , A CALIFORNIA CORPORATION
do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of
California, the right-of-way and incidents thereto for a public street upon, over and
across that certain real property in the City of Chula Vista, County of San Diego, State
of California, described as follows:
That portion of Lot 12, El Rancho Villas, in the City of Chula Vista, County of
San Diego, State of California according to Map thereof No. 2376, filed in the
Office of the Recorder of San Diego County February 11 , 1947, and of the West
half of 80 acre Lot 1 of Quarter Section 125 Rancho de la Nacion according to
the Map thereof No. 166 by Morrill , filed in said County Recorder' s Office May
11 , 1869, more particularly described as follows:
Beginning at the Southwest corner of said Lot 12, El Rancho Villas, said point
also being in the Easterly line of that land conveyed to Clarence W. Hensel et
ux by Deed recorded March 22, 1923, in Book 931 , Page 246 of Deeds; thence
along said Easterly line North 20°11 '33" West (record North 19°48'12" West)
60.00 feet, said point also being the southwest corner of that parcel of land
conveyed to Security Pacific National Bank, as Trustee of Trust #08-5-07635-0
by Deed dated March 25, 1981 , filed in said Recorder' s Office in Book 1981 ,
File/Page No. 81 -158629 on May 21 , 1981 ; thence along the Westerly line of
said parcel of land conveyed to Security Pacific National Bank, as Trustee of
Trust #08-5-07635-0, North 20°11 '33" West 527.10 feet the True Point of
Beginning, said point being on the Northerly line of said 80 acre Lot 1 ; thence
easterly along said Northerly line North 71 °12'10" East a distance of 28.01
feet; thence South 20°11 '33" East a distance of 45.28 feet to a point on a
non-tangent 50 foot radius curve, concave southerly, the radial of said curve
bears South 13°51 '56" West; thence westerly along said curve through a central
angle of 34°03'29" an arc length of 29.72 feet to the Westerly line of said
parcel of land conveyed to Security Pacific National Bank; thence along said
Westerly line North 20°11 '33" West a distance of 37.39 feet to the True Point
of Beginning.
Area = 1114.4 Square Feet
0.0256 Acres
•
r \ \
The Grantor hereby further grants to the City of Chula Vista the privilege and right to
extend drainage structures and excavation and embankment slopes beyond the limits of the
herein described right-of-way where required for the construction and maintenance of
said public street. RESERVING unto grantor of the above described parcel of land, his
successors or assigns, the right to eliminate such slopes and/or drainage structures or
portions thereof, when in the written opinion of the City Engineer of Grantee, the
necessity therefore is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said City Engineer.
The Grantor hereby further grants to Grantee all trees, growths (growing or that may
hereafter grow) , and road building materials within said right-of-way, including the
right to take water, together with the right to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessary, in the construction,
reconstruction, improvement or maintenance of said public street.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
public street.
— Dated this day of , 19
Attach proper notary.
WPC 2619E
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