HomeMy WebLinkAboutReso 1986-12448 RESOLUTION NO. 12448
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINING AND DECLARING THE PUBLIC
NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR
PUBLIC STREET DRAINAGE, SEWER AND UTILITY PURPOSES
AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY
The City Council of the City of Chula does hereby resolve as
follows:
WHEREAS, Eastlake Development Company is engaged development
and construction of a planned community in the City of Chula
Vista, State of California, more commonly known as Eastlake
WHEREAS, by Resolution No. 11960 , the City Council the City
of Chula Vista approved Tentative Subdivision Map for Chula Vista
Tract 84-7; and
WHEREAS, a condition of said Tentative Subdivision Map was
that certain improvements to Otay Lakes Road and Rancho Janal
Drive and 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 public interest requires provision of such
public improvement to insure that Otay Lakes Road and Rancho
Janal Drive are widened to provide sufficient transportation
capacity as well as adequate drainage and sewer facilities to
meet the public need in the area; and
WHEREAS, said public interest may not currently be met in
that Otay Lakes Road in the vicinity of Eastlake Subdivision is
currently a two-lane right of way and is now or will soon be
operating above the capacity dictated by good engineering prac-
tices and drainage and sewer facilities do not currently exist
which can serve the Eastlake Subdivision; and
WHEREAS, the public interest and necessity require the pro-
posed street widening and realignment project to accommodate
current and projected traffic safety and health and sanitation
needs by constructing and improving Otay Lakes Road to a four
lane major highway as part of an ultimate improvement project
designed to accommodate a six lane highway and by constructing;
and
WHEREAS, said widening and realignment and drainage and sewer
facilities affecting Otay Lakes Road in the vicinity of Eastlake
require acquisition of property described in the attached legal
descriptions, Exhibit "1", and generally consisting of approxi-
mately 3.78 acres near the intersection of Otay Lakes Road and
Rancho Janal Drive, and approximately .37 acres on Otay Lakes
Road; and
W~EREAS, the owner of said property needed for said public
improvements, United Enterprises, Inc., 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 United Enterprises, Inc.; and
W~EREAS, said good faith offer to purchase has not been
accepted by United Enterprises, Inc.; and
W~EREAS, the City of Chula Vista possesses the right to
acquire said property by the use of the power of eminent domain,
pursuant to Title 7, Code of Civil Procedure Sections 1230.010 et
seq., and Government Code Sections 37350.5 and 40401; and
W~EREAS, the public interest and necessity require the pro-
posed 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
W~EREAS, generally accepted traffic and engineering standards
dictate that portion of Otay Lakes Road adjacent to Eastlake be
widened to a four lane highway w i t h slope and drainage
easements appurtenant thereto, which drainage facilities will
enlarge existing inlets and pipes and place new pipes and catch
basins in the project to prevent ponding on, and flooding of, the
roadway and that sewers by provided to serve the needs of
residents of both residential and commercial units; 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 4.15 acres
to be acquired, out of a total site area of 701.71 acres owned by
United Enterprises, Inc. at this location will provide capacity
for approximately 20,000 ADT's in a safer traffic configuration,
and will provide a portion of the capacity which will be necessi-
tated by United Enterprises, Inc.'s planned development; and
WHEREAS, the property to be acquired as set forth on Exhibit
"1" attached hereto is necessary for the proposed project in that
no other property is available which affords the capability for
the widening of Otay Lakes Road to currently accepted traffic and
engineering standards in that
WHEREAS, Eastlake Development Company agrees to provide
certain improvements as set forth in the conditions.of approval
of Tentative Map No. 84-7, a copy of which are attached hereto
and incorporated herein by reference as Exhibit 2.
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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
and sewer facilities, upon, through, over, under and across the
real property hereinafter described in Exhibit "1", attached
hereto and incorporated by 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, more specifically California
Streets and Highways Code Section 4090 authorizes the acquisition
by condemnation of any property 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.
4. That the public interest and necessity require the
acquisition and taking of certain real property for street right
of way for the installation, construction, operation, mainten-
ance, repair and replacement of street surfaces, curbs, side-
walks, shoulders, utility conduits, drainage and sewer facilities
as well as all structures incidental thereto.
5. That the acquisition and taking of the subject street,
street right of way 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 "1" above be so
acquired.
6. 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 and
more particularly described in Exhibit "1", which is incorporated
by reference.
7. That the City Attorney be, and he is is, hereby author-
ized and empowered to prepare and prosecute each suit or suits as
are necessary to condemn, take and acquire said real property
described in Exhibit "1" 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
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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.
8. That the City Attorney, is directed to file the appropri-
ate complaint in the pursuance of the condemnation action author-
ized hereby; provided, however, that all matters involving said
litigation, including the preparation and filing of said com-
plaint, will be undertaken by an attorney to be retained by
Eastlake Development Company, who shall also provide any neces-
sary appraisal or appraisals and shall bear full and total costs
for legal services and any special w'
ltnesses as well as all costs
of acquisition including either negotiated prices or value
arrived at pursuant to a judgment of the Superior Court.
9. That the argument of Eastlake Development Company to the
conditions of approval of Tentative Map No. 84-7, pursuant to the
requirements of the Subdivision Map Act, Go~'ernment Code Section
66462.5, as contained in Exhibit 2 is the basis upon which the
City approves the use of eminent domain.
BE IT FURTHER RESOLVED by the City Council of the City of
Chula Vista that this resolution is intended to comply with
Section 1245.230 of the Code of Civil Procedure.
Presented and Approved as to form by
- ~. arron, city Atto'r~y
R08FMF008
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this .... 6th .~ day of.. May
19 . 8(; , by the following vote, to-wit:
AYES: Counc~]members McCand]~ss, Cox, Ma]co]m, Moore, Campbell
NAYES: Counci]members None
ABSTAIN: Counc~ ]members None
ABSENT: Counc~ ]members None
ATTEST
~/' City Cler~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12448 ,and that the same has not been amended or repealed.
DATED
City Clerk
CITY OF
CHULA VISI"A
CC-660