Loading...
HomeMy WebLinkAboutReso 1985-12125 Revised 8/14/85 RESOLUTION NO. 12125 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 PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Pacific Scene Corporation is engaged in the development and construction of a residential subdivision in the City of Chula Vista, State of California, more commonly known as Charter Point; and WHEREAS, by Resolution No. 10767, the City Council of the City of Chula Vista approved Tentative Subdivision Map for Chula Vista Tract 82-2; and WHEREAS, a condition of said Tentative Subdivision Map was that certain improvements to Telegraph Canyon Road be made to accomplish the widening and realignment of said public road; and WHEREAS, the public interest requires provision of such public improvement to insure that Telegraph Canyon Road is realigned and widened to provide sufficient transportation capacity to meet the public need in the area; and WHEREAS, said public interest may not currently be met in that Telegraph Canyon Road in the vicinity of Charter Point Subdivision 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 WHEREAS, the public interest and necessity require the proposed street widening and realignment project to accommodate current and projected traffic safety needs by constructing and improving Telegraph Canyon Road to a four lane major highway as part of an ultimate improvement project designed to accommodate a six lane highway; and WHEREAS, said widening and realignment of Telegraph Canyon Road in the vicinity of Charter Point requires acquisition of property described in the attached legal description, Exhibit "1", and generally consisting of approximately 2.22 acres at the intersection of Otay Lakes Road and Telegraph Canyon Road, on the south side of Telegraph Canyon Road and approximately 1.64 acres of contiguous property for slope and drainage easements necessitated by the topographical conditions of the area in as much as the portion of Telegraph Canyon Road is to be improved in the vicinity of Otay Lakes Road is low drainage area subject to inundation; and WHEREAS, the owner of said property needed for said public improvement, 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 WHEREAS, said good faith offer to purchase has not been accepted by United Enterprises, Inc.; 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 Title 7, Code of Civil Procedure Sections 1230.010 et seq., and Government Code Sections 37350.5 and 40401; 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 designed and constructed to accommodate traffic demands; and WHEREAS, generally accepted traffic and engineering standards dictate that portion of Telegraph Canyon Road adjacent to Charter Point 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 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 3.86 acres to be acquired, out of a total site area of 190.38 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 necessitated 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 and realignment of Telegraph Canyon -2- Road to currently accepted traffic and engineering standards in that land to the north of Telegraph Canyon Road is steeply sloped and topographically unsuited to the planned improvements; and WHEREAS, the project will also accommodate widening the intersection of Otay Lakes Road and Telegraph Canyon Road to permit installation of traffic signals and double left turn lanes at Otay Lakes Road, and WHEREAS, Treetops Unlimited and its general partner, Pacific Scene, Inc., agree to provide certain improvements as set forth in a letter of August 12, 1985 from Paul E. Robinson to John Lippitt, the City Engineer, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 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 a certain public improvement, namely a street right of way, 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 improvement is 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, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, 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 above be so acquired. --3-- 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 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 "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 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 appropriate complaint in the pursuance of the condemnation action authorized hereby; provided, however, that all matters involving said litigation, including the preparation and filing of said complaint, will be undertaken by an attorney to be retained by Pacific Scene, Inc., who shall also provide any necessary appraisal or appraisals and shall bear full and total costs for legal services and any special witnesses 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 offer of Treetops Unlimited and/or Pacific Scene, Inc., its general partner, as contained in Exhibit A is accepted and 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 ~05:::s J~rron, City Attorney -4- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HULA VISTA, CALIFORNIA, this 13tD_ Ney of August ~. 85 , by the following vote, to-wit: C' McCandliss, Scott, Moore, Cox fFS: ounci I members AYES: Counci 1 members Nome 9STAIN: Counci lmembers None 3SENT: Counci I members Malcolm 'Mayoral ~etCity of Chula Vista ~//"~ City-Qe~k - ' ~' ATE OF CALIFORNIA ) ~UNTY OF SAN DIEGO ) ss. 'Y OF CHULA VISTA ) I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12125 ,and that the some has not been amended or repealed. FED (seal) City Clerk 660 EXHIBIT McDoNALD, HECHT ~ SOLBERG · -o .............................. August 12, 1985 ~ ~'? ?' , : PERSONAL DELIVERY John P. Lippitt City Engineer City of Chula Vista 276 4th Avenue Chula Vista, California 92011 RE: TELEGRAPH CANYON ROAD IMPROVEMENTS, RESOLUTION ESTABLISHING THE NECESSITY OF ACQUIRING CERTAIN PROPERTY FOR A PUBLIC USE BY MEANS OF EMINENT DOMAIN (CITY COUNCIL DOCKET OF AUGUST 13, 1985) Dear John: The above referenced matter was continued by the City Council of Chula Vista after action by the Council failed to produce the necessary four-fifths votes. This was a direct result of testi- mony by representatives of United Enterprises, Inc. alleging a malfeasance and/or misfeasance on the part of City of Chula Vista and/or our client, Pacific Scene, Inc. We have stated to you in the past, and we stated to the City Council on August 6, 1985 that it is Pacific Scene, Inc.'s posi- tion that a change in circumstances no longer requires certain public and/or private improvements to be constructed, a con- siderable distance from the development known as Charter Point. At the same time, it appears to be in the best interest of the City of Chula Vista and Pacific Scene, Inc. to resolve this matter and proceed with the required public improvements for Telegraph Canyon Road. In this regard, Pacific Scene, Inc. com- mits to you and the City Council of Chula Vista that the improve- ments listed herein will be constructed and provided in one form or another. You will recall that we represented to the City Council on August 6, 1985 that a settlement offer had been pre- sented to United Enterprises, Inc. The following items, found in a February 9, 1982 Memorandum to the City of Chula Vista from United Enterprises, Inc., were the subjects of concern by United Enterprises, Inc. at the August 6, 1985 City Council meeting: John P. Lippitt August 12, 1985 Page Two 1. Protection for the Otay Ranch employee houses located on the south side of Telegraph Canyon Road, in the form of wooden posts placed in front of the houses in a manner to provide a cer- tain degree of protection for said houses. 2. Left turn lanes on Telegraph Canyon Road provided so that westbound traffic on Telegraph Canyon Road can enter (a) the existing main entrance to the Otay Ranch and, (b) the existing driveway to the four employee houses. 3. Certain improvements to aid in the prevention of flooding of the driveways of the employee houses. 4. The construction of berming at the main entrance to the Otay Ranch, to be constructed in such a manner as to (a) allow continued access to the existing entrance and, (b) prohibit vehicles from gaining access to the old roadbed. Engineers for Pacific Scene, Inc. have given our client esti- mates of the cost for the construction and/or provision of the above referenced improvements. It is Pacific Scene, Inc.'s posi- tion that direct payment will be made to United Enterprises, Inc. for the cost of construction or provision of the listed improve- ments. United Enterprises, Inc. may then contract directly for the work but, in an effort to resolve this matter as quickly as possible, Pacific Scene, Inc. is willing to commit to the City of Chula Vista that it will construct and/or provide the improve- ments if the two parties cannot agree upon the amount of money required for the construction or provision of the improvements. The above commitment by Pacific Scene, Inc. should provide the City Council with satisfactory assurances that United Enterprises, Inc.'s demands will be met. We feel strongly that it remains in the best interest of the City of Chula Vista as well as Pacific Scene, Inc. to immediately proceed with the approved public improvements for Telegraph Canyon Road. We will be present Tuesday, August 13, 1985 to answer any questions that you or the City Council may have. John P. Lippitt August 12, 1985 Page Three Thank you for your continued courtesy and cooperation in this matter. Sincerely, McDONALD, HECHT & SOLBERG PER/mq cc: Thomas Harron, City Attorney, City of Chula Vista Michael C. Spata, Esq. Pacific Scene, Inc. Attn: Jon Werner Don MacKay James A. Hutchison '" 122:LD241PAR.01 ~ ~'~> TELEGR~P~ CANYON ROAD / PARCEL l James A. Hutchison January 18, 1985 Legal Description PARCEL 1 TELEGRAPH CANYON ROAD Street Dedication BEING PORTIONS OF QUARTER SECTIONS 16 AND 11 OF RANCHO DE LA NACION, ACCORDING TO ~AP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NAY 11, 1869, ~ORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID ~UARTER SECTION 16, DISTANT SOUTH 17"49'55" EAST 713.43 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER SECTION 16; ~AID FOINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD; THENCE NORTH 42"08'34" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 502.03 FEET TO THE BEGINNING OF A TANGENT 1470 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"12'00" A DISTANCE OF 620.88 FEET; THENCE TANGENT TO SAID CURVE NORTH 66"20'34" EAST A DISTANCE OF 159.18 FEET TO THE BEGINNING OF A TANGENT 6030 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0"03'20" A DISTANCE OF 5.85 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 62"58'48" WEST A DISTANCE OF 174.22 FEET TO THE BEGINNING OF A 2000 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE SOUTH 49"49'21" WEST A DISTANCE OF 175.41 FEET TO THE BEGINNING OF A NON-TANGENT 1967.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY (A RADIAL BEARING FROM SAID FOINT BEARS SOUTH 32"00'01" EAST), SAID CURVE BEING SOUTHEASTERLY OF AND CONCENTRIC WITH THAT CURVE ABOVE DESCRIBED AS HAVING A RADIUS OF 2000 FEET; THENCE SOUTHWESTERLY ALONG SAID 1967.50 FOOT CURVE THROUGH A CENTRAL ANGLE OF 15"53'48" AN ARC DISTANCE OF 545.88 FEET; THENCE TANGENT TO SAID CURVE SOUTH 42"06'11" WEST A DISTANCE OF 1813.25 FEET TO THE BEGINNING OF A 2032.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ~NGLE OF 3"35'13" AN ARC DISTANCE OF 127.24 FEET TO A POINT (A RADIAL BEARING TO SAID POINT BEARS SOUTH 44"18'36" EAST); THENCE ALONG SAID RADIAL BEARING NORTH 44"18'36" WEST A DISTANCE OF 11.83 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE, BEING A 1230 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY (A RADIAL BEARING TO SAID POINT BEARS SOUTH 44"44'35" EAST; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGqT OF WAY LINE THROUGH A CENTRAL ~NGLE OF 7"29'55" AN ARC DISTANCE OF 160.98 FEET; THENCE TANGENT TO SAID CURVE NORTH 37"45'30" EAST ~ DISTANCE 9F 112.96 FEET TO THE BEGINNING OF A TANGENT 3970 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TgROUGH ~ CENTRAL ~NGLE OF 4"26'30" ~N ~RC DISTANCE OF 307.76 FEET TO A FOINT (~ RADIAL BEARING TO SAID POINT BEARS SOUTH 47"48'00" EAST); THENCE NON- tANGENT, NORTH 42"08'34" EAST A 9ISTANCE OF 979.19 FEET TO THE POINT OF HEGINNING. 2ONTAINING APPROXIMATELY 2.22 ACREg 1 EXHIBIT "1" 122:LD241P~R.02 ~3 TELEGRAPH CA~YO~ ROAD · 3ames A. qutchison January lB, 1985 Legal Description PARCEL 2 TELEGRAP~ CANYON ROAD Slope & Drainage Easement BEING PORTIONS OF QUARTER SECIONS 16 AND 11 OF RANC~O DE LA NACION ACCORDING TO MAP THEROF NO. 166, FILED IN T~E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON WAY I1, 1S69, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID QUARTER SECTION 16, DISTANT SOUTH 17"49'55# EAST 705.56 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER SECTION 16; THENCE NORTH 42"06'11" EAST A DISTANCE OF 400.79 FEET TO THE BEGINNING OF A TANGENT 1967.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; TBENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"53'48" AN ARC DISTANCE OF 545.BB FEET TO A POINT (A RADIAL BEARING TO SAID POINT BEARS NORTH 32"00'01" WEST); THENCE NON-TANGENT NORTH 49."49'21' EAST A DISTANCE OF 175.41 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD, BEING THE END OF A 2000 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 62"58'4B" EAST, 67.80 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 41"49'38" WEST A DISTANCE OF 230.29 FEET; THENCE SOUTH 32"00'01" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 57"59'59" WEST A DISTANCE 20.00 FEET; THENCE NORTH 32"00'01" WEST A DISTANCE OF 15.00 FEET TO A POINT ON A 1922.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY (A RADIAL BEARING FROM SAID POINT BEARS SOUTH 32"00'01# EAST); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4"23'36" AN ARC DISTANCE OF 147.41 FEET TO A POINT (A RADIAL BEARING TO SAID POINT BEARS NORTH 36"23'37" WEST); THENCE ALONG SAID RADIAL BEARING SOUTH 36"23'37" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 53"20'36" WEST A DISTANCE OF 28.61 FEET; THENCE NORTH 37"15'11" WEST A DISTANCE OF 30.00 FEET TO A POINT ON A 1937.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY (A RADIAL BEARING FROM SAID POINT BEARS SOUT~ 37"15'11" EAST); THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTAL ANGLE OF 3"26'16" AN ARC DISTANCE OF 116.25 FEET TO A POINT (A RADIAL BEARING TO SAID POINT BEARS NORTH 40"41'27" WEST); THENCE ALONG A PROLONGATION OF SAID RADIAL BEARING NORTH 40"41'27" WEST A DISTANCE OF 5.00 FEET TO A POINT ON A 1942.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY (A RADIAL BEARING FROM SAID POINT BEARS SOUTH 40"41'27" EAST);THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7"12'22" AN ARC DISTANCE OF 244.31 FEET; THENCE TANGENT TO SAID CURVE SOUTH 42"06'11" WEST 23.46 FEET; THENCE SOUTH 47"53'49" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH 42°06'11" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 47"53'49" WEST A DISTANCE OF 30.00 FEET; THENCE. ~OUTN 42"06'11" W£~r ~ DISTANCE OF 785.00 FEET; THENCE SOUTH 47"53'49" EAST A DISTANCE OF 45.00 FEET; THENCE SOUTH 42"06'11" WEST A DISTANCE OF 45.00 FEET; THENCE ~ORTH 47"53'49" WEST A DISTANCE OF 45.00 FEET; THENCE SOUT~ 46"52'00" WEST A DISTANCE OF 120.42 FEET; THENCE SOUTH 42"06'11" WEST A DISTANCE OF 80.00 FEET; THENCE SOUTH 47053'49" EAST A UISTANCE OF 35.00 FEET; THENCE ~OUTH 42"06'11" WEST % DISTANCE OF 35.00 FEET; THENCE NORTH 47053'49" WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 42"06'11" WEST A DISTANCE OF 210.00 FEET; THENCE SOUTH 47053'49" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 42"06'11" WEST A DISTANCE OF 45.00 FEET; THENCE NORTH 47053'49" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 42"06'11" WEST A DISTANCE OF 95.00 FEET; THENCE SOUTH 47053'49" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 42"06'11" WEST ~ DISTANCE OF 35.00 FEET; THENCE NORTH 47"53'49' WEST'A DISTANCE OF 25.00 FEET; THENCE SOUTH 42"06'11" WEST A DIST%NCE OF 314.79 FEET TO THE BEGINNING OF A 2047.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ~NGLE OF 3"35'13" AN ARC DISTANCE OF 128.18 FEET TO A POINT (A RADIAL BEARING TO S~ID POINT BEARS SOUTH 44"18'36" EAST); THENCE ALONG SAID RADIAL BEARING NORTH 44"18'36" WEST A DISTANCE OF 15.00 FEET TO A POINT ON A 2032.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING CONCENTRIC WITH THE ABOVE DESCRIBED 2047.50 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3"35'13" AN ARC 'DISTANCE OF 127.24 FEET; THENCE TANGENT TO SAID CURVE NORTH 42"06'11" EAST A DISTANCE OF 1412.46 FEET TO THE POINT OF BEGINNING.