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Home My WebLink AboutReso 2002-341 RESOLUTION NO. 2002-341 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF ASSESSOR PARCEL NUMBERS 644-090-04 AND 644-080-09 AS OFF-SITE ENVIRONMENTAL MITIGATION REQUIREMENTS OF OTAY RANCH FINAL MAPS AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED BY LAW WHEREAS, in connection with municipal purposes, it appears necessary for the City of Chula Vista to acquire fee simple interest in Assessor Parcel Numbers 644-090-04 and 644-080- 09 for off-site environmental requirements of Otay Ranch Final Maps ("Project"); and WHEREAS, public interest, convenience and necessity require the acquisition of said real property more particularly described and depicted in the attached Grant Deed and Exhibit A thereto, on file in the City Clerk's Office, for said project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that, pursuant to CEQA Guideline Section 15162 that it is consistent with the Otay Ranch Sectional Planning Area One Plan and Annexation Final Environmental Impact Report (EIR 95-01). The Project will not result in any new environmental effects that were not previously identified, and will not result in a substantial increase in severity in any impacts previously identified; and 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 fee simple interest therein, is necessary for the Project; and WHEREAS, said real property is located entirely within the territorial limits of the City of Chula Vista; and WHEREAS, the City of Chula Vista is authorized to acquire said real property, for such public use by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code Sections 6950, 6952, 6953, 37350.5, 38002, 38010, 40401Co), and 66410, et seq.; and Califomla Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.240 and 1255.410; and WHEREAS, the record owner has waived the offer required by Section 7267.2 of the California Government Code; and WHEREAS, the record owner has waived the requirements of Section 1245.235 of the Code of Civil Procedure, for notice and opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. Resolution 2002-341 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are tree 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 real property described and depicted in the attached Grant Deed and Exhibit A thereto have been planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 5. That the real property, and fee simple interest therein, described in the attached Grant Deed and Exhibit A thereto, is necessary for the proposed Project. 6. That the offer, as required by Section 7267.2 of the California Government Code, and notice and opportunity to appear before the City Council as required by Section 1245.235 of the California Code of Civil Procedure have been waived by the owner of record of the property to be acquired. 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 Grant Deed and Exhibit A 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 to obtain a court order for immediate possession in the manner provided by law. Presented by Approved as to form by J~fi~/Vl. Kaheny Bob Leiter /C/ify Attorney Planning and Building Director Resolution 2002-341 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of August, 2002, by the following vote: AYES: Cotmcilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, Mayor ATFEST: Susan Bigelow~Clty 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. 2002-341 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of August, 2002. Executed this 27th day of August, 2002. Susan Bigelow~Cit~, Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 (Space above this line for Recorder's use) Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code § 6103 Pursuant to RaT Code § 11922 GRANT DEED Assessor Parcel Nulnbers: 644-090-04 & 644-080-09 [X] All [ ] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR: OTAY LAND COMPANY, LLC, a Delaware Limited Liability Company HEREBY GRANTS TO THE CITY OF CHULA VISTA, a charter city, all rights, interests, or title to the real property located in the City of Chula Vista, County of San Diego, State of California described in Exhibit A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of this day of , 200 ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from Otay Land Company, LLC. a Delaware Limited Liability Company to the City of Chula Vista, is hereby accepted by the undersigned on behalf of the City of Chula Vista pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Chula Vista, a charter city Dated: By: OLC, LLC Grant Deed HIT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALll~ORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 5, 6 AND 7 OF THE OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CAI JFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING FROM LOT 7, THAT PROPERTY CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912 AND RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAID SAN DIEGO COUNTY, THE PARCEL OF LAND SO CONVEYED TO SAID WATER COMPANY BEING A STRIP OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE, AS DESCRIBED IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ArITACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS. EXCEPTING FROM LOT 5 THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF SAID OTAY RANCHO, WHICH IS DISTANT THERON 242.5 FEET SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE WESTERLY AT RIGHT ANGLES 506.3 FEET; THENCE NORTHERLY AT RIGHT ANGLES 242.5 FEET TO THE NORTHERLY LINE OF SAID LOT 5; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE, 242.5 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING FROM LOT 5 THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF OTAY WATER DISTRICT RECORDED ON AUGUST 18, 1997 AS DOCUMENT NO. 199%0397860 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AS PARCELS 1 AND 2 AS DESCRIBED IN SAID ORDER OF CONDEMNATION AND SHOWN ON THE MAP WHICH IS AT'FACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS.