HomeMy WebLinkAboutReso 2003-258RESOLUTION NO. 2003-258
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 PORTION OF ASSESSOR PARCEL
NUMBERS (APN) 624-100-13, 624-100-14, 624-100-15,
624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11,
624-210-12, 624-210-13, 624-210-16, 624-210-17, 624-210-20
AND 624-210-28, FOR THE SOUND WALLS AND
APPURTENANCES THERETO, FOR INTERSTATE 805/EAST
ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE
IMPROVEMENT PROJECT (CIP/STM 328), AND
AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL
TO ACQUIRE SAID PROPERTIES IN THE MANNER
PROVIDED BY LAW
WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire
interest in portions of Assessor Parcel Numbers (APN) 624-100-13, 624-100-14, 624-100-15,
624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11, 624-210-12, 624-210-13, 624-
210-16, 624-210-17, 624-210-20 and 624-210-28 for sound walls and appurtenances thereto for
the Interstate 805/East Orange Avenue/Olympic Parkway Interchange Project (CIP/STM 328);
and
WHEREAS, public interest, convenience and necessity require the acquisition of said
real properties more particularly described and depicted in the Deeds and Exhibits A and B
thereto for Fee Simple, Temporary Construction Easements, Permanent Footing Easements, and
Temporary Access Easements as on file in the City Clerk's office, for said project; and
WHEREAS, on May 6, 2003, by Resolution 2003-181, Council approved the resolution
certifying the Interstate 805/Orange Avenue Mitigated Negative Declaration/Environmental
Assessment (IS-00-49) and adopting the Mitigation Monitoring and Reporting Program for the
project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project was covered in the previously adopted Mitigated Negative Declaration/Environmental
Assessment (IS-00-49); and
WHEREAS, on May 9, 2003, the Federal Highway Administration approved the
environmental documents and issued a Finding of No Significant Impact in accordance with
National Environmental Policy Act (NEPA) for this project; 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 properties, and the interests therein, are necessary for the project;
and
Resolution 2003-258
Page 2
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 37350.5, 38900, and 40404; and California Code of
Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and
WHEREAS, offers to purchase the required interests in the real properties necessary for
the project have been made to the owners of record, pursuant to Section 7267.2 of the Caiifomia
Government Code, which offers have not been accepted; and
WHEREAS, the City of Chula Vista has provided notice to the persons designated in
Section 1245.235 of the Code of Civil Procedure, and has provided ail such persons a reasonable
opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of
Civil Procedure.
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 am true and correct.
That the staff report and all evidence presented at the public hearing on this matter
have been reviewed and considered.
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.
That the real properties described and depicted in the Deeds for Fee Simple,
Temporary Construction Easements, Permanent Footing Easements, and
Temporary Access Easements, and Exhibits A and B thereto, have been planned
and located in a manner which will be most compatible with the greatest public
good and the least private injury.
That the mai properties, and the interests therein, described in the Deeds for Fee
Simple, Temporary Construction Easements, Permanent Footing Easements, and
Temporary Access Easements, and Exhibits A and B thereto, are necessary for the
proposed project.
That offers, as required by Section 7267.2 of the California Government Code,
have been made to the owners 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.
That the City of Chula Vista, and all appropriate officers, representatives and
attorneys are hereby authorized and directed to acquire the mai property described
and depicted in the Deeds for Fee Simple, Temporary Construction Easements,
Permanent Footing Easements, and Temporary Access Easements, and Exhibits A
and B thereto, in the name of and on behalf of the City of Chula Vista, and to that
Presentedby
Resolution 2003-258
Page 3
end are hereby authorized and directed to commence and prosecute action(s) in
eminent domain for the purpose of acquiring said real property and to obtain court
order(s) for immediate possession of said properties in the manner provided by
law.
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council"'~Fthe City of Chula Vista,
California, this 10th day of June, 2003, by the following vote:
ATTEST:
Couneilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Davis, Rindone, Salas and Padilla
None
None
McCann
,~/~ il~la, Mayo~' ~4~.~ ~
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. 2003-258 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 June, 2003.
Executed this 10th day of June, 2003.
Resolution 2003-258
Page 4
Susan Bigelow, City Clerk