HomeMy WebLinkAboutReso 2002-127 RESOLUTION NO. 2002-127
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING AND DECLARING THE
PUBLIC NECESSITY TO ACQUIRE CERTAIN
RIGHTS-OF-WAY ON ASSESSOR'S PARCEL NUMBER
(APN) 622-102-18 FOR THE CONSTRUCTION OF PHASE II
OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR
(PROJECT SW-219), AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS
BY OUTSIDE COUNSEL TO ACQUIRE SAID
RIGHTS-OF-WAY
WHEREAS, in connection with municipal purposes, it appears necessary for the City of
Chula Vista to acquire interest in certain fights-of-way on Assessors Parcel Number 622-102-18
in Chula Vista, California, for the construction, maintenance, operation, replacement, removal, or
enlargement of sanitary sewers and appurtenant structures for the Salt Creek Gravity Sewer
Intemeptor, Phase II, and related facilities, a public use "Project"; and
WHEREAS, public interest, convenience and necessity require the acquisition of a sewer
easement fight-of-way interests together with a temporary construction easement in said real
property more particularly described and depicted in the attached Deed and Exhibits A and B
thereto, on file in the City Clerk's Office, for said Project; and
WHEREAS, on July 17, 2001, by Resolution No. 2001-218, Council approved the
resolution certifying the Final Environmental Impact Report (FEIR), adopting the Findings of
Fact and Mitigation Monitoring and Reporting Program and approving the Phase II construction
of the Salt Creek Gravity Sewer Interceptor project.
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real property, and sewer easement right-of-way interests together with a
temporary construction easement therein, is necessary for the Project; and
WHEREAS, said real property is located entirely within the terdtofial limits of the City
of Chula Vista; and
WHEREAS, the City of Chula Vista is authorized to acquire said real property, and sewer
easement right-of-way interests together with a temporary construction easement therein, for
such public use by eminent domain pursuant, inter alia, to California Constitution Article 1,
Section 19; California Government Code Sections 37350.5, 38900, 39040 and 40404; and
Califomia Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and
WHEREAS, an offer to purchase the required interest in the real property necessary for
the Project has been made to the owner of record pursuant to Section 7267.2 of the California
Government Code; and
Resolution 2002-127
Page 2
WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure,
have been provided notice and a reasonable opportunity to appear and be heard on the matters
referred to in Section 1240.030 of the Code of Civil Procedure; and
WHEREAS, determinations with respect to future phases of the project will be made by
the City Council at a later date and nothing herein shall he construed to make determinations
about future phases, including but not limited to alignment alternatives, which shall be brought
back to the City Council for consideration with appropriate environmental review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista find and determine and hereby declare, by a vote of not less than two-thirds of its
members, as follows:
1. That the above recitations are true and correct.
2. That the staff report and all evidence presented at the public hearing on this matter have
been reviewed and considered.
3. That the public interest, convenience and necessity of the City of Chula Vista, and the
inhabitants thereof, require the Project and improvements and appurtenances thereto.
4. That the Project and improvements and appurtenances thereto to be constructed upon,
over, under, along, and across the real property described and depicted in the attached Deed and
Exhibits A and B thereto have been planned and located in the manner which will be most
compatible with the greatest public good and the least private injury.
5. That the real property, and sewer easement right-of-way interests together with a
temporary construction easement therein, described and depicted in the Deed and Exhibits A and
B thereto, is necessary for the proposed Project.
6. That the offer, as required by Section 7267.2 of the Califomia Government Code, has
been made to the owner of record of the property to be acquired, and the notice and opportunity
to appear before the City Council as required by Section 1245.235 of the California Code of
Civil Procedure have been given.
7. That the City of Chula Vista, and all appropriate officers, representatives and attorneys
are hereby authorized and directed to acquire the real property described and depicted in the
attached Deed and Exhibits A and B thereto, in the name of and on behalf of the City of Chula
Vista, and to that end are hereby authorized and directed to commence and prosecute an action,
in eminent domain for the purpose of acquiring said real property and sewer easement right-of-
way interests together with a temporary construction easement therein, and to obtain an order for
immediate possession in the manner provided by law.
Resolution 2002-127
Page 3
Presented by Approved as to form by
Ji6hn P. Lippitt Jo!~M. Kaheny ~
Public Works Director ~fty Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of April, 2002, by the following vote:
AYES: Councilmembers: Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Davis
Shirley Horto¢ Mayor
ATTEST:
Susan Bigelow, City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-127 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23~d day of April, 2002.
Executed this 23rd day of April, 2002.
Susan Bigelow, City Clerk
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
This Instrument Benefits City Only.
No Fee Required.
~ This S~aceforRecorder's Use Onl), ~,
APN(s) 622-102-18 C.V. File No.
EASEMENT FOR SEWER PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EASTGATE TECHNOLOGY PARTNERS, LP, A CALIFORNIA LIMITED
PARTNERSHIP
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San
Diego, State of California, an easement and fight-of-way for, and the right to construct, maintain,
operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over,
and across that certain real property situated in said City of Chula Vista designated as Parcel "A"
together with a Temporary Construction Easement designated as Parcel "B" both as more
particularly described as follows:
See Legal Description designated as Exhibit "A" attached hereto and by reference made a part
hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by
reference made a part hereof.
Said Temporary Construction Easement shall have a duration of one year from the date of the
start of physical construction within said Easement area. In no event shall said Temporary
Construction Easement extend beyond December 31, 2003.
Together with the right to enter upon and to pass and repass over and 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 employees
engaged by said City, whenever and wherever necessary for the purposes set forth above.
Signed this__ day of ., 20
EASTGATE TECHNOLOGY PARTNERS, LP
BY: BY:
(Notary Acknowledgment Required for Each Signatory)
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a
governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council
adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly
authorized officer.
SUSAN BIGELOW, CITY CLERK
By:~ Date:
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT C OF LA PUNTA, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 635,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12,
1890, DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT C; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT C, SOUTH 87°55'21" EAST (SOUTH 89° EAST RECORD PER
SAID MAP NO. 635) 66.44 FEET; THENCE NORTH 02°04'39" EAST 58.00 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN EASEMENT
FOR STREET PURPOSES DEED, TO THE CITY OF CHULA VISTA, RECORDED MARCH 2, 1993
AS DOCUMENT NO. 1993-0130029 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE NORTH 69°51'15" WEST 72.80 FEET TO THE WESTERLY BOUNDARY
OF SAID LOT C; THENCE ALONG SA1D WESTERLY BOUNDARY SOUTH 00o06'33" WEST
18.62 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN GRANT DEED TO THE
STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS FILE/PAGE NO. 171489 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LAND
DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, SOUTH 81°59'58" EAST 38.49
FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID EASEMENT FOR
STREET PURPOSES; THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR
STREET PURPOSES SOUTH 87°55'21'' EAST 30.28 TO THE TRUE POINT OF BEGINNING.
PARCEL 'B'
COMMENCING AT THE SOUTHWEST CORNER OF SA1D LOT C; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT C, SOUTH 87°55'21' EAST (SOUTH 89° EAST RECORD PER
SAlD MAP NO. 635) 66.44 FEET; THENCE NORTH 02°04'39" EAST 58.00 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN EASEMENT
FOR STREET PURPOSES DEED, TO THE C1TY OF CHULA VISTA, RECORDED MARCH 2, 1993
AS DOCUMENT NO. 1993-0130029 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID NORTHERLY LINE SouTH 87°55'21" EAST 50.64 FEET;
THENCE NORTH 02°04'39' EAST 25.88 FEET; THENCE NORTH 81°19'05'' WEST 121.24 FEET
TO THE WESTERLY BOUNDARY OF SA1D LOT C; THENCE ALONG SAID WESTERLY
BOUNDARY SOUTH 00006'33" WEST 35.87 FEET TO THE NORTHWEST CORNER OF LAND
DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3,
1968, AS FILE/PAGE NO. 171489 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY
BOUNDARY OF SA1D LAND SOUTH 81°59'58" EAST 38.49 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID EASEMENT FOR STREET PURPOSES; THENCE ALONG THE
NORTHERLY LINE OF SAID EASEMENT FOR STREET PURPOSES SOUTH 87°55'21' EAST
30.28 TO THE TRUE POINT OF BEGINNING-
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09/18/01
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE.
F~sN12-31-2002
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EXHIBIT "B" s.T.,
MAIN ST. ~
VICINITY MAP
NO SCALE
ocl I P]?l EJ~1$ ?rjL$ ~
LoT g -- ~
~ESTERLY C,
BOUNDARY LOT
~ .~SEE SHT. 2 OF 2 E
) DETERmNED FROU RECORO.
58.~' m UAI~ST ~
SBT~5'21"E
66.44'
OF COmMENCEmENT
PARCEL 'A' AND 'B', SOUTHWEST
CORNER LOT C, ~AP 635
dOTES: ~
1. ALL DIMENSIONS SHOWN HEREON ARE COUPILED
FRO~ RECORD DATA.
2. EXISTING PROPERTY BOUNDARIES AND AREAS
SHOWN HEREON EXCLUDE ROAD, STREET A HIGHWAY
EASEMENTS.
cRA..,C SC~CE C]?~ O~ CHUCA VIS?A
20o' o' ~oo' 2oo'
k S S 0 C I k T B SEWER EASEUENT ACQUISITION
7~.~4~.7 POR. LOT C
~ ~m~ m~ F. 7~.6~2.o~ PER ~AP 635
[iNO. I E^R,NC I ST^NCE'I EXHIBIT "B" S"T. 2 OF
IIL, Isoo'os'~rw ,8.82'1
'---ILL2 / S81'~9'S8'E I ~'~' / AREA TABLE
11L~ISBT~5'2~'E/ ~.28'/ ~OF{ LO-~ g P~RCEL'A'kPARm'B'
PROPOSED PROPOSEO J ORIGINAL I (EXCLUDES
IIL'/sooe6'~rw/ ~5.87'/ ]~/j~ c,~) ~ PER~AHEHT TEMPORARY J (EXCLUDES J ~ PROPOSED
PER~AHENT
EASENENT EASEMENT[ U,F.) ~ EASENEHT
;TERLY 692 S.F. s,85s s.r. ~8.98 ACRES/ 8.96 ACRES
BOUNDARY LOT APH: 622-102-18
C, ~AP 655
SOG~E EASEMENTS REC. 9-~0-~975, F/P NO.
75-24~961 ~ REC. 2-1-1977, F/P NO. 77-0~8955.
~l.24' EXACT LOCATION CANNOT BE DETERMINED FRO~ RECORD.
PG~E EA
10-27-1969,
~995-0150029
REC. ~-2-1995
L2
L5 S87'55'21'E 50.64'
CORNER F/P NO. T.PJ I CAUFORNIA-AMEI
171489 REC. PARCEL 'A' & I WATER CO. EASEMENT
10-03-1968 PARCEL 'B' I REC. 8-4-1975, F/P
I~g NO. 204814
POINT OF COMMENCD, tENT z
PARCEL 'A' AND 'B', SOUTHWEST
CORNER LOT C, MAP 655
MAIN ST.
_
587'55'21'E 66.44' (S89'[ PER MAP 635) --/ --
GRAPHIC SCALE
LEGEND: 20' o' lo' 20'
EXISTING PROPERTY LINE,
EXCLUDES U.F.
U.F. UNDERLYING FEE, INCLUDES 1"-- 20'
EXISTING ROAD, STREET &
HIGHWAY EASEMENTS
S.F. SQUARE FEET ~ Cmpemte Olfi~c /60.942.5147
:::::::::::::::::::::: PARCEL 'A', PROPOSED k S S 0 C ! A T cnA,u, ck 920~4
PERMANENT EASEMENT c,,(I,,,~,
[7-~ PARCEL '8', PROPOSED CITY OF CHULA VISTA
TEMPORARY EASEIM ENT
ACCESS RIGHTS RELINQUISHED PER FILE SEWER EASEMENT ACQUISiTiON
Q NO. 171489 REC. t0-3-1968 & FILE A.P.N. 622-102-18
NO. 29472 REC. 2-17-1970 OF O.R. POR. LOT C
PER MAP 635