HomeMy WebLinkAboutReso 1990-15799 RESOLUTION NO. 15799
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC NECESSITY OF
ACQUIRING CERTAIN RIGHT OF WAY FOR TELEGRAPH CANYON ROAD
AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT OF
WAY
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, EastLake Development Company is engaged in development and
construction of a planned community in the City of Chula Vista, State of
California, more commonly known as EastLake; and
WHEREAS, this project has been the subject of environmental review, and
Negative Declarations IS-88-19, 88-76 and 88-79 have been prepared and is in
compliance with the California Environmental Quality Act; and
WHEREAS, the Public Facilities Financing Plan and the EastLake Specific
Plan require certain improvements to Telegraph Canyon Road/Otay Lakes Road to
be made to accomplish the widening and realignment of said public roads as
well as the installation of certain drainage and sewer facilities; and
WHEREAS, the United State Government in conjunction with the installation
of Navy housing at the northeast corner of Otay Lakes Road and Telegraph
Canyon Road intersection agreed to install required improvements along Otay
Lakes Road (east/west); and
WHEREAS, Charter Point Subdivision also has given the City funds to
construct their required improvements along Telegraph Canyon Road; and
WHEREAS, the public interest requires provision of such public
improvements to insure that Telegraph Canyon Road/Otay Lakes Road is widened
to provide sufficient transportation capacity as well as adequate drainage
facilities to meet the public need in the area; and
WHEREAS, said public interest may not currently be met in that Telegraph
Canyon Road/Otay Lakes Road (east-west) in the vicinity of the Charter Point
Subdivision and the Navy housing project is currently a two-lane right of way
and is now or will soon be operating above the capacity dictated by good
engineering practices and drainage facilities do not currently exist which can
serve both these projects and the EastLake Subdivision; and
WHEREAS, the public interest and necessity require the proposed street
widening and realignment project to accommodate current and projected traffic
safety and health and sanitation needs by constructing and improving Telegraph
Canyon Road to a six lane highway; and
Resolution No. 15799
Page 2
WHEREAS, said widening and realignment and drainage facilities affecting
Telegraph Canyon Road in the vicinity of Charter Point Subdivision and the
Navy Housing Project requi re acquisition of property described in the legal
descriptions, Exhibit "A", a copy of which is on file in the office of the
City Clerk, and generally consisting of approximately 15.07 acres along
Telegraph Canyon Road; and
WHEREAS, the owner of said property needed for said public improvements,
Baldwin Vista Associates, L.P., has been requested to convey said property,
and a good faith offer to purchase said property, pursuant to Government Code
Section 7267.2 and Code of Civil Procedure Section 1245.230, has been made by
the City of Chula Vista to Baldwin Vista Associates, L.P.; and
WHEREAS, said good faith offer to purchase has not been accepted by
Baldwin Vista Associates, L.P.; and
WHEREAS, the City of Chula Vista possesses the right to acquire said
property by the use of the power of eminent domain, pursuant to Government
Code Sections 37350.5 and 40404, and Street and Highways Code Section 4090, in
accordance with the procedures set forth in Code of Civil Procedure Sections
1230.010 et seq.; and
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 and drainage and sewer facilities designed and constructed to
accommodate traffic, health and safety demands; and
WHEREAS, generally accepted traffic and engineering standards dictate
that portions of Telegraph Canyon Road adjacent to Charter Point Subdivision
and the Navy housing project be widened with slope, and drainage easements
appurtenant thereto, which drainage facilities will enlarge the existing
drainage channel in the project to prevent flooding of the roadway; and
WHEREAS, the sewer easement is included as part of the drainage easement
to accommodate future sewer facilities and possible relocation of the existing
sewer; 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 the approximately 15.07 acres to be acquired out of a total
acreage of over 22,500 acres owned by Baldwin Vista Associates, L.P. at this
location will provide an additional four lanes in a safer traffic
configuration, and will provide for drainage channel improvements needed to
protect the health and safety of the citizens of Chula Vista; and
WHEREAS, the property to be acquired as set forth on Exhibit "A", a copy
of which is on file in the office of the City Clerk, is necessary for the
proposed project in that no other property is available which affords the
capability for the widening of Telegraph Canyon Road to currently accepted
traffic and engineering standards; and
WHEREAS, the notice required by Code of Civil Procedures Section 1245.235
has been mailed to all persons whose property is to be acquired by eminent
Resolution No. 15799
Page 3
domain more than 15 days prior to the meeting at which this resolution will be
considered, and have been provided with an opportunity to appear and be heard
on the matters specified in Code of Civil Procedure 1240.030.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista:
1. That the City Council of the City of Chula Vista finds and determines
and thereby declares that the public interest and necessity require the
construction and completion of certain public improvements, namely a street
right of way and drainage facilities, upon, through, over, under and across
E a
the real property hereinafter described in xhibit "A", copy of which is on
file in the office of the City Clerk, and incorporated by this reference.
2. That the City Council of the City of Chula Vista has authority to
acquire by eminent domain any property necessary to carry out any of its
powers or functions pursuant to California Government Code Section 37350.5,
and more specifically both Government Code Section 40404 and California
Streets and Highways Code Section 4090 authorize the acquisition by
condemnation of any property for the widening of a public street whenever the
public interest or convenience may require it.
3. That the subject property is necessary for the proposed project and
that such public improvements are planned and located in a manner which will
be most compatible with the greatest good and the least private injury because
the improvements were comprehensively planned in view of all currently known
or anticipated development, the owner of the property to be taken was
consulted and the owner's concerns and needs incorporated into the design
wherever possible, and only 15.07 acres are to be acquired from a total
ownership at this location of 22,500 acres.
4. That the public interest and necessity require the acquisition and
taking of the certain real property specified in Exhibit "A" for street right
of way for the installation, construction, operation, maintenance, repair and
replacement of street surfaces, curbs, sidewalks, shoulders, slopes, utility
conduits, drainage and sewer facilities as well as all structures incidental
thereto because traffic and engineering studies sponsored by the City of Chula
Vista indicate that anticipated levels of development will necessitate the
widening of Telegraph Canyon Road/Otay Lakes Road and the widening and
realignment of the adjacent drainage channel.
5. That the acquisition and taking for the subject street, street right
of way and drainage facilities upon, through, over, under and across, all and
each and every part thereof, is necessary to the public use and it is
necessary that all and each and every part of said property, more specifically
described in Exhibit "A" above be so acquired because it has been determined
that the property to be taken is the minimum required for the roadway and the
drainage channel and related improvements to be constructed in the most
efficient manner possible to meet projected traffic, safety, health and
sanitation needs in accordance with good traffic engineering practices, and no
other property is available which affords the capability of widening the
existing roadway and constructing the drainage channel and related
improvements.
Resolution No. 15799
Page 4
6. That public interest and necessity require fee title for street right
of way (3.00 acres), permanent easements for drainage and sewer (0.54 acres),
and a five-year temporary slope easement (2.53 acres) be taken as directed in
the parcel descriptions shown in Exhibit "A". Title will be acquired in the
name of the City of Chula Vista.
7. That the offer required by Government Code Section 6267.2 has been
made to the owner or owners of record.
8. That the real property referred to hereinabove in this resolution is
situated in the City of Chula Vista, or is adjacent to the City, in the County
of San Diego, State of California as shown in relationship to the project on
the map, Exhibit "B", a copy of which is on file in the office of the City
Clerk, which is incorporated by reference.
9. That the City Attorney or his designee, including contract legal
services of his choice I"Designee") be, and he is, hereby authorized and
empowered to prepare and prosecute each suit or suits as are necessary to
condemn, take and acquire said real property described in Exhibit "A" and to
make 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 City of Chula Vista to take
immediate possession and use of said real property, or any parts thereof, and
to make deposit of such security in such amounts fixed by the Court and in
such a manner as the Court may direct, and to incur on behalf of the City of
Chula Vista all reasonable and necessary expense in the prosecution of a suit
or suits to condemn said real property.
10. That the City Attorney or his Designee is directed to file the
appropriate complaint in the pursuance of the condemnation action authorized
hereby. Pursuant to Council Policy the matter is assigned to Daley and Heft
for representation of the City.
Presented and Approved as to form by
Bruce M. Bo r
City Attorney
Resolution No. 15799
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 21st day of August, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
/' , ~,
'(~r~go I{.I Uox, Mayor
~ ,y
ATTEST:
· Authelet, CitY' Clerk
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. 15799 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 21st day of
August, 1990.
Executed this 21st day of August, 1990.
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I~XIIIBIT
BEING ~"rIAT PORTION OF QUARTER S.ECTION 11 OF THE RANCliO DE LA NACION
ACCORDING TO MAP THEREOF NO..166,' IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA~ SAID PORTION I~ORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS THE NORTHEAST CORNER OF QUARTER SECTION 18 ON CHULA VISTA TRACT
NO. 80-20 UNIT NO. I ACCORDING TO 'THE MAP TItER~OF NO. 10242 ON FILE
IN ~{E OFFICE OF LTHE RECORDER OF SAID COUNTY; 'THENCE ALONG THE
WESTERLY LINE O~" SAID' QUARTER SECTION'11,' SOUTH 17:49'55" EAST
670.49 FEET TO A POINT ON THE SOUTHERLY LINE OF' COUNTY ROAD SURVEY
NO. 1086-65, PaCORDED IN TIlE OFFICE OF .THE COUNTY RECORDER OF SAID
COUNTY APRII& 18; 1967 AS FILE NO. 53304 OF OFFICIAL RECORDS, SAID
POINT BEING ON THE N~RTHERLY LINE OF'THAT PORTION OF TELEGRAPH
CANYON ROAD DEDICATED AS PARCEL 4 OF DOCUMENT RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AUGUST 22, 1989 AS
FILE/PAGE NO. 89-449659 'OF OFFICIAL RECORDS; THENCE ALONG S'AfD'
NORTHERLY' LINE OF SAID' STREET DEDICATION NORTH 42~08'00". EAST
(NORTH 42"08914" EAST PER SAID DOCUMENT)' 384.55 FEET TO THE TRUE
POINT OF BEGINNING~ "THENCE. IaEAVING '.~SAID NORTHERLY. LINE AND
CONTINUING ALONG SAID SOUTHERLY LINE 'OF SAID .RS 1086-65, NORTH
42 08~00" EAST 117.15 FEET TO THE BEGINNING OF. A TANGENT' 1470.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING ON THE
SOUTHERLY LINE OF RN '1086 R~CORDE.D IN THE OFFICE 'OF TIlE'COUNTY
RECORDER OF SAID COUNTY.DECEMBER 8,. 1961 AS FILE NO. 213092 OF'
OFFICIAL RECORDS J. I~IENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF' 14'26'44" A
DISTANCE OF 370.62,.FEET..TO A' POINT ON THE ARC OF A NON-TANGENT
970.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING
ON THE SOUTHERLY LINE OF RS 556 RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID'C0UNTY MARCH 12,193~ IN BOOK 378, PAGE 422
OF OFFICIAL RECORDS# A LINE RADIAL TO SAID CURVE THROUGH SAID POI'~T_
SAID RS 1086, NORTHEAST. ERLY ALONG THE SOUTHERLY LINE OF SAID RS 556
AND' THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'40'48" A
DISTANCE. OF 28.44 FEET; THENCE TANGENT TO SAID . CURVE NORTH
64'04~13" EAST 1563.17 FEET TO AN ANGLE POINT ON THE WESTERLY LINE
OF THAT PORTION OF OTAY ZAKES P, OAD DEDICATED AS PARCEL 1 OF
DOCUMEi~T I~ECORDED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 22,
1989 AS FILE/PAGE NO.. 89-449.658 OF OFFICIAL RECORDS, SAID POINT
MMA/GFT/MA ' . !UEET4L1 OF 2 . .
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'COI~NER OF.SAID DEDICATION~ THENCE ALONG ·
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SOUTHERLY ! LINg'OF SAID ~STREET DEDICATION ~ THENCE ON 'A S OUTHWES TERLY
PROLONGATION ?OF~. SAID..VSOUTHERLY! LINEqSOUTH 63 ° 031361t WEST (SOUTH
A T U~43-?t. WEST ~'ER'SAI~'3DOCUMENT)~1342.1~?FEET.,TO THE ' DEGINNING OF
' ANGENT 1933.00 ~OOT RADIUS C~R'~-' CONCAVE SOUTHEASTERLY~ THENCE
SO~ITb'WE~TERLY ')J~ONG:,THE iARC,OR"SAID."CURVE THROUGI~ A CENTRAL .ANGLE
OF Z2~ 5~..~."_':~: DISTANCE~' 01~..",7.067.~q9 aEEET :TO .'AN'. ANGLE_ POINT IN..THE
EASTERLY ~LINE O1~ SAID STREET..DEDICATION PER.THE AFORESAID DOCUMENT
NO. '89-4.49659~OF OFFICIAL RECOI~DS~, THENCE ALONG SAID EASTERLY LINE
NORTI~ ,i~47'~3 e45"';WEST ~73:85t'. FEET,'[ (NORTH '47 '53 ~ 39" WEST 73.81 FEET
PER SAIDi ),' .TO THE'TRUE'POINT OF"BEGINN.ING..
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FOR"]'A'::VALUABL~"""~ON~'iD~R~TION,.'receipt of which is hereby acknowledged, the
igned do/does. hereby grant.tothe City of Chula Vista, in the County of San Diego,
State of. California;..:.,.an.;easement,..and .right-of-way for, and the right to construct,
~e;: matntain;,operate; ..replace,. remove, or enlarge a drain and sanitary sewer and
~urtenant'. structures- in,. upon,. over and across that certain real property situated in
::the City of'Chula Vista, COunty if San Diego, State of California, and more particllarly
describedas follows: ... ,~ t ....
~,.. ,,... , ,= ' P~CEL A ~ D~INAGE EAS~ENTS
~[.[ogether wi~h '~he' right t~ enter%pS~ and to pass ~nd repass over along said easement and
P.cright-of-way and to deposit tools, implements and other materials thereon by said City of
~tChu]a Vista, its officers, agents and employees and by any contractor, his agents and
'Z~emp]oyees engage~ by said City, whenever and wherever necessary for the purposes above set
~ forth: ·
WITNESS hand this day of 1990.
STATE OF ~ALIFO~Z~' ' S~
~ ~QUNTY OF
cn this day of 19 , before
me, the undersigned, a Notary PubtTc In ard for seed County encl State,
of the partnorA of the partnership that executed the within InstruT~nt, and
!~F~Z: 'scknowtedged to me that such partnership executed the santo ~JITNESS n~f hsr~
~N~ official seat,
!l ~l~~
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]7~ON OF ~ION~ SE~ION '4 OF ~SHIP 18 SO~, ~GE I ~ST OF
'~ S~.B~INO .~D~, AC~ING ~ ~ OFFIC~ P~T ~OF,
f'~T.L. ~.~-~'~F-~ DIE~,. STA~ OF ~~, S~D ~IONS
~0~ ~I~Y..D~PED ~ FO~WS=
:/"~NG AT .~NO~T .~' OF SAID ~U~ SE~ION 11
~.. NO.]-80-20.~IT.NO..1AC~ING ~ ~ ~ ~OF NO. 10245 ON FI~
'IN ~. O~I~;'OF j~..~'OF .S~D ~= ~ ~NG
.:'. ~I~Y~M~ 0F SAID QU~r~ SE~ION.11~ SO~ 17'49s55" ~T 670.49
.~ .~ ~ A ~I~ ON ~ SOnY E~ OF ~ ROAD S~Y NO. 1086-
c'.-65,. ~ED IN ~ OFFI~. OF ~ ~ ~ OF S~D
.. ~RIL .18~ 1967. ~ .FI~-:'NO.'= 53304 OF OFFIC~ ~CO~S, SAID ~I~
, ~ .BEINTO~'i~NOIYT'~ OF IT ~ION'OF ~G~H ~ON ROAD
': ;.:. 'DEDI~TED ~ P~L',4, OF. ~. ~ED IN ~ OFFICE OF
'. ,'./'~ '~ ~B~ OF S~ID ~ AU~ST'22p'1989"~"FI~/PAGE"~;"89~ ....
.. x~449659 OF .OFFIC~.~, ~ ~I~ING ~NG S~D' ~ST~Y
.. ~J.' M~ SO~ 17'49s55"' ~T. 85.56 ~"'~'A '~I~'ON~'~OiY"M~
· ~. ':"~OF SAID S~ DEDI~TION DESkBED ~ ~ ~SAID ~ NO. 89-
. '-..'. 449659 A~I ~NCE ABNG SAID 'SOIY"~"SO~"42'06~1~" ~ST ....
. ' .. (SO~ 42'06s21",~ST PER S~D ~)27.84 ~ ~ ~ ~
' ~',' OF BEGI~ING~ .~~'i'~CING SED S01Y M~ NO~ 42'06~15"
/-.....~T 455.26 ~=~'~:BEGI~ING OF A T~G~ 1933.00 F~ ~DIUS
SAID ~ ~OUGH A CE~T~L ~G~ OF 20'57~21" A DIST~ OF 706.99
FE~= ~EN~ NOR~f63,03s36". ~T,(NOR~ 63'03. s41" ~T PER ~NT
'~6R~ff"X~,'~E 'OFFZ~TbF"~ ~ ~CO~ AUeUST 22, 1989
.FI~/PAGE NO. 89-449658 OF OFFICI~ ICONS) 1496.62 FE~ TO A ~I~
:.': ]~ "0N ~ SO~Y MNE .OF SAID ~AY '.~S RO~ DEDI~TED ~ P~CEL 1
{~ OF-SAID . ~ NO.:~]', 89-449658~'~D ~ BEGI~ING OF A T~GE~
.:~ 1933.00 P~ ~DIUS ~ ~N~ SOfTlY; ~ NORETE~Y
'~f' A~NG SAID SOBERLY LI~ OF SAID S~ DEDI~TION ~D ~E ~C OF
: SAID ~ T~OUGH A CE~ ~G~ OF 05'30~11" A DIST~CE OF 185.~-
' "FE~ ~ A ~I~ ON ~E ~STE~Y M~ OF ~T CERTAIN D~INAGE
. ~M~ G~ED PER SAID ~ NO. 89-449658~ ~NCE T,R~VING SAID
SO~Y LINE OF SAID S~ DEDI~TION ABNG SAID ~STE~Y LINE OF
SAID D~INAGE ~S~ SO~ 21'26"13" ~T (SO~ 21'26'08" ~T PER
SAID ~NT) 134.00 FE~ TO A ~I~ ON ~ ~C OF A NON-T~GE~
" ' ~/~ P~CEL A - D~INAGE ~S~
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.q" .. CONCEN'i'RIC WITHI AND ~ ~0UTHEA~'i'~LY. OF SAID 1933.00 FOOT RADIUS CURVE
~i ' .%. DESCRIBED' ABOVE~ A',ILINE .RADIAL TO SAID CURVE THROUGH SAID POINT BEARS
,.~ ,.~/NORTH 21'26e13'' :WEST; "THF~CE '.T.I?AVING SAID WEST~i~LY LINE OF SAID
~::.. '-'. DRAINAGE EASEMENT SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
~,: CFjfrMAL ANGLEOF'06'10~37'' A DISTANCE OF 193.95 FEET; THENCE TANGENT
". TO SAID CURVE SOUTH "62*23110" WEST 393.04 FEET; THENCE SOUTH 26'56'23
i~ ~' · EAST 15.29 FEET; THENCE SOUTH 63"03837'' WEST 20.00 FEET; THENCE NORTH
~ 26'56~231~-WEST':15.05.'FEET; THENCE SOUTH 62'23~10" WEST 130.01 FEET;
, THENCE SOUTH 62'06e23., WEST142.97 FEET; TKENCE SOUTH. 61'21e32'' WEST
~:: '. 157.08 FEET;':.THENCE,SOUTH,62'55'48'! WEST285.04 FEET; THENCE'SOUTH
~:; '7. 26'56823'' EAST 19.21; FEET; .,THENCE SOUT}{ 63*03137'' WEST. 20.00 FEET;
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267.00' FEET;THENCE SOUTH 26'56e23'1' EAS~ 15~59, FEET; THENCE SOUTH
'63'03e37' WEST 20.00 FEET;'TIrENCE,NORTH.26'56~23' WEST 15.54 FEET;
· Ic :' THENCE SOUTH 62 '55 e48" WEST 44.48 FEET TO THE' BEGINNING OF A TANGENT
:.% :. 1784.00 FOOT RADI~JS e~JRVE CONCAVE, SOUTKEASTERLY; THENCE SOUTHWESTERLY
~, : ALONG THE ARC OF SAID. CURVE THROUGH A CENTRAL ANGLE OF 08'27'53" A
DISTANCE OF :263.56 FEET; THENCE TANGENT. TO SAID CURVE SOUTH 54'27455"
WEST 5.00 FEET;THENCE SOUTH 50°42e31'f WEST 125.42 FEET; THENCE SOUTH
'.: 40'02~54' EAST.14.57 FEET; THENCE.SOUTH 49'57~07" WEST 20.00 FEET;
.THENCe- NORTH 40'02 ~54" WEST 13.84 FEET; ' THENCE SOUTH 47'53 ' 11" WEST
54.15 FEET, TO THE BEGiNNING '.OF A TANGENT 1779.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;.,,THENCE, SOUTHWESTERLY ALONG TrIE ARC OF SAID
CURVE THROUGH A, CENTRAL" ANGLE OF 03'49'20" A DISTANCE OF 118.67 FEET;
THENCE TANGENT,TO 'SAID CURVe. SOUTH 44'03~51" WEST 621.35 FEET TO A
POINT ON THE EASTKMLY LINE OF THAT CERTAIN DRAINAGE EASEMENT PER THE
AFORESAID DOCUMENT N0..:89-449659; THENCE ALONG SAID EASTERLY LINE
NORTH 09'48'04" WEST. (NORTH 09'47~58' WEST PER. SAID DOCUMENT) 170.00
FEET TO THE T~UE POINT OF BEGINNING.
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Y.
~RRNT' OF EASEMENT '~":F0R SLOPE RIGHTn
[,~VALUABLE "~;" ' ' ....
N,:'i.~e~efpi~ "Of' WhtchJ ts hereby acknowledged, the
le~signdd do/does hereby grant to the City of Chula Vista, tn the County of San Diego,
,State of Caltfornia,:an easement for, and the right to construct, landscape, maintain, and
use a slope.andTfill upon:and across:that certain real property situated tn the City of
Chula Vista, .County of. San Diego;' State of California, and more particularly described as
follows: - ,,,~: ....'-. '~'~. '~.~.y~i,..'~ .....
SEE A~AC~D'E~IBIT "A" '
P~CX~ ,B & C - S~pE EASEMENT
together with' the Hght't'o ent&r=Upon'X~'t~ pass and repass over along said easement and
right-of-way and to deposit toolS, implements and other materials thereon by said City of
Chula'Vista;. its officers, 'agents and employees and by any contractor, his agents and
D The rights to"~hts easement shall expire five (5)' years from the date of execution
~';: thereof. ,,
~.~ WITNESS hand~ this day of 1990.
"~LDWIN VISTA ASSOOIATE~, L~P.
~'A '~LIFO~IA LIMITED P~TNERSHIP
.,-.
S E OF CALIFO~IAi~., .
COUNTY OF
~ this dly Of 19.. , ~fore
m, the ~erllg~, a Nota~ P~tlc In ~ for lald C~ty a~ State,
: ~rs~t ty a~arM
personarty known to me to b~ '-'
-"T"'
the pertharm of the pertnermhtp that executed the within instrument, and
Nk~t~g~ to N that Iuch partnership execut~ the laN ~ITNESS ~ ha~
official meet,
DE ~ ~ ~ACI0~iACCORDING TO ~P ~E~OF NO .. 16 6, TOGETHER WITH THAT
· ~OF;'.~A~N ~E.CO~TY~OF.S~'D~EGO, STATE OF CA~IFO~IA, SAID
~O~E P~T~y. DESCR~BED AS
, CO~NCING ATTHE '<of SAID QU~TER SECTION 11 SHOWN
',~f :~ THE NOR~EMT CO~ER OF QU~TER SE~ION 16 ON CHU~ VISTA T~CT
':=>~ NO;]' 80~20 UNIT NO.:1 ACCORDING TO THE ~P THE~OF NO. 10245 ON FILE
-~ '.,'IN THE ' OFFICE ~< OF L' THE RECORDER OF SAID 'COUNTY~ THENCE A~NG THE
j-]WESTE~Y, LINE.~OF.tSAID ~ QU~TER SE~ION ' 11, SOUTH 17 '49 ~ 55" EAST
, :~':lf'." 670.4~-FEET--T~A PO~NT-~N-~HE SOUTHERLY LINE OF COUNTY ROAD SURVEY
[i ~'~h Q,~>}]NO. 1086~65~': RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
' ~>.:t~.4':.. CO~TY APRIL~ 18 i".~ 1967, AS ] FI~ NO~.83304.- OF-OFFICIAL.-RECORDS r--~A~D .....
.,:?C]~ '~INT' BEING CON THE NORTHERLY' LINE OF T~T PORTION OF TELEG~PH
.:',-' C~YON ROAD'.i DEDICATED AS :1 P~CEL.4.~ OF--DOC~ENT--RECORDED IN- THE ......
: E' OFFICE OF. THE 'COUNTY '~CORDER ,OF SAID-COUNTY AUGUST 22, 1989 AS
:. 'j.:. ~, FI~/PAGECNO.~%~'::89-449659 OF OFFICIAL-'RECORDS~-.-THENCE CONTINUING-
'.' iE=~..i.A~NG SAID WESTERLY LINE SOUTH 17'49~55" EAST 85.56 FEET TO A POINT
~ '.::'~" ON THE 'SO~HERLY. LINE OF. SAID ST~ET DEDICATION DESCRIBED IN THE
~ ' ~ '7" ~ ', AFO~SAID ~ENT NO~ ~89-449659 ~ THENCE' A~NG SAID SOUTHERLY LINE
;; ~[ </']i[';SOUTH 42'06~1~t~WEST (SOUTH 42'06~21" WEST PER SAID DOCUMENT) 27.84
t. FEET TO'A'POINT:ONhTHE ~STERLY LINE OF THAT CERTAIN D~INAGE
~ ' ',....l, EASEMENT '~DTS~PE~;EASEMENT: PER THE AFORESAID DOCUMENT NO. 89-
~'.~h 'v 449659 ~ THENCE A~NG SAID EASTERLY LINE SOUTH 09 '48 ~ 04" EAST (NORTH
~ '.<. >: '09 '47 ~ ~8" WEST~ PER SAID, DOCUMENT). 170 · 00 FEET TO THE TRUE POINT OF
:,., ~ ..i'~~).THENCE.:~AVlNG SAID EASTERLY LINE NORTH 44 '03 ~51" EAST
' e621.35 FEET.,TO. THE BEGINNING OF A T~GENT 1779.00 FOOT ~DIUS CURVE
~,' i," :' CONCAVE SOUTHEASTERLY~THENCE NORTHEASTERLY ALONG THE ARC OF SAID
~.~ ~' ~RVE~ROUG~'F'CENT~L' ~G~' 0F703 '49 ~ 20" A DISTANCE OF. 11~. 67
f~, 'm FEET~ THENCE T~GENT TO SAID CURVE NORTH 47 ' 53 ~ 11" ~AST 54 · 15 FEET~;'
!~ 'TH~CE SOUT~ 40'02 ~5~" EAST 13.84 FEET~ THENCE NORTH 49 '57 ~ 07" EAST
~= 20~00 FEET~:THENCE NORTH 40'02~54" WEST 14.57 FEET~ THENCE NORTH
~, "'5.0,42~31"EAST 125~421FEET~ THENCE NORTH 54'27'55" EAST 5.00 FEET
'] ~::: "TO.THE:,BEGINNINGOF A: TANGENT 1784.00 FOOT ~DIUS CURVE CONCAVE
~ . SOUTHEASTERLY ~. THENCE NORTHEASTERLY ALONG
PARCEL B & C - SLOPE EASEMENT
APN 642-050-14
642-060-04
64~-010-08
~6'56"2~ .~ 1~;~6 FEE~; .~HENCE ~OR~H 68'0~"~7" EAST 20,00 FEET~
~.~ NOR~ 26'56:23"..WEST 19;21 FEET;* THENCE NORTH 62'55"48" EAST
'~"i/285,04'FEET3 ~ NOR~'61,21~32" EAST 157.08 F~ET~ THENCE NORT~
62'06~23"~T.142~97~'c~FEET3'~'~T~ENCENORT~ 62'23~10" EAST 130.01
'.~NCE .. SOUT~?26'56~23"~x=.EAST.~t. 15.05' FEET; THENCE NORT~
63'03e37' ~T20,O0'=FEETZ:THENCE NOR~ 26'56~23" WEST 15.29
f; ~NCE NOR~' 62*23e10":~.~ST.¥393,0;'FEET~ TO T~E ~EGINNING OF A ' T~GE~ ~799,00 "FOOT. ~DIUS 'j ~RVE ~.CONCAVE' SOUTHEASTERLY ~
' NORTH~STERLY A~NG ~E' ~C ' OF. SAID CURV~ THROUG~ A CENT~L ANGLE
.OF 06'10~37' A DIST~CE-OF193,95'FEET TO A POINT ON THE WESTERLY
LINE OF ~T CERTAIN D~INAGE ~SEMENT PER DOCUMENT RECORDED IN THE
OFFICE OF [E COUNTY ~CORDER AUGUST 22~ 1989 AS FILE PAGE NO. 89-
449658 OF OFYICIAL ~CORDS~ ~ENCE A~NG SAID WESTERLY-LINE SOUT~
21'26~13" EAST'26,00 FEET TO .A POINT ~E~IN DESIGNATED AS POINT
"E" 3 ~ENCE ~VING SAID WESTERLY LINE SOUT~ 62 ' 55 ~ 54" WEST 8 14 · 48
FEET; THENCE SOUTH 56'44~22' ~ST 381,49 FEET; THENCE SOUTH ·
72"31821" WEST 249,39 FEET; THENCE SOUTH 50'16838'' WEST 191.91
FEET; T~NCE SOUTH 66'36;01" WEST312.55 FEET; THENCE SOUTH
39'18~55" ~ST 131,60'~FEET; THENCE SOUTH 50'21'08" WEST 238.81
FEET; ~ENCE SOUTH 44'44~11" WEST 579,26 FEET TO A POINT ON THE
~TERLY LINE OF T~T*CERTAIN D~INAGE EASEMENT'PER THE AFORESAID
DO~ENT NO, ~89-449659~ .THENCE A~NG SAID EASTERLY LINE NORTH
09'48~04" WEST (N, 09'47~58" W, PER SAID DOCUMENT) 30.00 FEET TO
THE TRUE POINT OF BEGINNING,
P~CEL C - S~PE EAS~ENT ~ APN 643-010-08
BEING ON ~E WESTERLY{'LINE.OF T~T CERTAIN D~INAGE EASEMEN~
DES~IBED*IN THE AFORESAID DOC~ENT NO, 89-449658; THENCE A~NG
SAID WESTERLY LINE SOUTH 21'26'13" EAST (NORTH 21'26~08'' WEST PER
SAID ~ENT) 19,36 ~ET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ~ ~G~ POINT IN THE SOUTHERLY LINE OF SAID D~INAGE
EASEMENT;.THENCE A~NG SAID SOUTHERLY LINE NORTH 79'18'52" EAST
t. (NORTH 79'19~56" EAST~PER * SAID DOCUMENT) 168,35 FEET; THENCE
~AVI~:G SAID SOUTHERLY LINE 'SOUTH 18 ' 39 ~ 00" WEST 52 · 00 FEET ;. THENCE
_NORTH 83'04~.57'' WEST 149,90 FEET TO THE TRUE POINT OF BEGINNING.
SHEET 2 OF 3
PARCEL B & C - SLOPE EASEMENT
APN 642-050-14
642-060~04
643-010-08
PREPARED :BY I~IE OR~UNDER rdY DIRECTXON.
I~A./GFTf.~A SHEET 3 OF 3
~/~,A./. PARCEL B & C - SLOPE EASEMENT
7-19-89 APN 642-050-14
REV, 05-08-90' 642-060-04
JN 5353-2 643-010-08
/~ "~.
r,ID NAF. r,l<), {IIH I
~ ROAD
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P~C~ 'A".
' , , . :'
.... ::::::::::::::::::::: ·
CITY OF
'- CHuM
' :':' ': DEPARTMENT OF PUELIG WORKS AUgust 2, 1990
' '; I ENGINEERING DIVISION File # AN-012
Ealdwin Company',
11995 E1 Camino Real, Suite 102
San Diegot California 92130
Attention: ,'Mr~~ Pred Arbuckle
NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY
Please take notice.that'jr'is the intent of the City Council of
the City of .Chula~ Vista to adopt a Resolution of Necessity
regarding acquisition by imminent domain of property owned by you
and located opposite Charter Point and the Navy Housing Project
along .Telegraph Canyon .Road and Otay Lakes as Shown on -the
'attached plan.:~ The City Council will consider adoption of a
.'Resolution of Necessitylat 7:00 P.M. on August 21, 1990 in the
!'.]='City Council Chambers.at 276 4th Avenue~ Chula Vista. You have
the~ight'to appearsand'be heard on whether the public interest'
and necessity require acquisition of part of your property for
use-.as street Iright of way, drainage and sewer easement, and
temporary slope rights; whether'the above described project is
planned or located .in the manner that will be most compatible
with the greatest public good and the least private injury; and
whether the property sought to be acquired is necessary for the
project..
Please take further notice that your failure to file a written
request to appear and be heard within fifteen (15) days after
this notice was mailed to you will result in waiver of your right
t~ appear and be heard at that time and place. .Unless evidence
is presented which advises not going forward with the acquisition"
of the property fort the project, the City Council of the City of
Chula Vista will adopt a Resolution of Necessity and proceed to
condemn your property. Your written request to appear and be
heard must be filed'with the City Clerk,at 276 4th Avenue, Chula
Vista, California 92010 on or before the expiration of fifteen
days after this notice was mailed to you.
~iDEPUTY. PUBLIC WORKS DIRECTOR/
~CITy-ENG2NEER
FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(819)
:'~: ~ ·
'*' Assessor'$ Parcel Number - 64b060-04
::,:. ,.,;.,~ . .':
/.Cm"~},-"',.,. ': LIHITE~ed~;m~I oN~n~l~underthelewmaflheStateol CALIFORNIA
~,,,hm~ , E Ci~Y OF CHUL~ VZST~, CALIFORNIa, A HUNZCIPAL CORPO~TZON
~ SEE A~AC~ PARCEL 1 - STREET BEDXCATIOH - APe 642-060-04
~ ;"., ;....,.. ~.;~ , .,..
I