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HomeMy WebLinkAboutReso 2004-310 RESOLUTION NO. 2004-310 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 A PORTION OF ASSESSOR PARCEL NUMBER 639-080-22 FOR THE CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-102) AND AUTHORIZING CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED BY LAW WHEREAS, in connection with municipal purposes, the City ofChula Vista must acquire certain easement interests in portions of Assessor Parcel Number 639-080-22 for the construction of Telegraph Canyon Road Street Widening Project (CY-I02) and appurtenances thereto ("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 previously adopted Mitigated Negative Declaration IS-02-35 and that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to Mitigated Negative Declaration IS-02-35; and WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Environmental Review Coordinator's determination that the modifications to the Project are adequately covered in the addendum to Mitigated Negative Declaration IS-02-35, and that said document was prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, public interest, convenience and necessity require the acquisition of the real property more particularly described and depicted in the attached Easement Deed for Street & Public Utility and Temporary Construction Easement Purposes (APN 639-080-22) and Exhibits A and B thereto for said 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 property, and the easement interests 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 and easement interest therein, for such public use by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code Sections 37350.5 and Resolution 2004-310 Page 2 40404; and California Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and WHEREAS, an offer to purchase the required interests 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, which offer has not been accepted; and WHEREAS, the City of Chu1a Vista has provided notice to the persons designated in Section 1245.235 of the Code of Civil Procedure, and has provided all 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 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 ofthe City ofChula Vista, and the inhabitants thereof, require the Project and improvements and appurtenances thereto. 4. That the proposed Project has 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 the easement interests therein, described in said attached Deed, and Exhibits A and B thereto, are necessary for the proposed Project. 6. That an offer, as required by Section 7267.2 of the California 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 Easement Deed for Street & Public Utility and Temporary Construction Easement Purposes (AP 639-080-22) 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 actions in eminent domain for the purpose of acquiring said real property and obtain court orders for immediate possession of said property in the manner provided by law. Resolution 2004-310 Page 3 Presented by Approved as to form by ó¿n t oore 1 Y Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of September, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Counci1members: None ABSENT: Councilmembers: None ATTEST: ¿¿¿¿ ~~.~ -_ ~ I 1 ~ L' ~ Susan Bigelow, MMC, 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. 2004-310 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of September, 2004. Executed this 21st day of September, 2004. ~..f. I. 6....c.-< '~år () CJ~ Susan Bigelow, MMC, City erk ATTACHMENT / Recording requested by and please return to: Ciiy Clerk Ciiy of Chul. Vista P.O. Box 1087 Chul. Vist., CA 91912 This instrument benefits City, only. No iee required > Assessor's Parcel Number 639-080-22 Chula VistaCIPFileNo: CY-102 EASEMENT FOR STREET AND PUBLIC UTILITY AND TEMPORARY CONSTRUCTION PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BP West Coast Products LLC, a Delaware limited liability company (Grantor) hereby grants to the CITY OF CHULA VISTA, the right of way and incidents thereto for Street And Public Utility Purposes on, over, under, across and through that certain real property in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: SEE ATTACHED: EXHŒIT "A" FOR LEGAL DESCRIPTION EXHŒIT "B" FOR PLAT TOGETHER with a Temporary Construction Easement consisting of 1 ,678 square feet, more or less as shown on said Exhibit "B". Said Temporary Construction Easement shall have a duration not to exceed six months. The right to use said Easement shall commence upon the start of physical construction on Grantors property and shall terminate upon the filing of a Notice of Completion or at the end of said six months, whichever occurs first. In no event shall said Temporary Construction Easement continue in effect after March 31, 2006. Grantor hereby further grants all ingress and egress access rights to Telegraph Canyon Road over the westerly 60.00 feet of southerly line of the remainder parcel of said property as shown as "access control" on said Exhibit "B" Grantor grants all egress rights to Telegraph Canyon Road. Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-building materials within said right of way at such locations as the City may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. Signed this day of 20 Grantor(s)' signature(s): BP West Coast Products LLC, a Delaware Limited Liability Company 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" EASEMENT RIGHT-OF-WAY ACQUISITION TELEGRAPH CANYON ROAD Being a portion of the Northwesterly Quarter of Quarter Section 88 of Rancho de la Nadon, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of said County, being more particularly described as follows: Beginning at the most Southeasterly comer of Lot 134 of Halecrest Estates Unit" A" according to Map thereof No. 4339, filed in the Office of the County Recorder of San Diego County, said point being on the Westerly Right-of-way of Halecrest Drive as dedicated on said Map No. 4339; thence leaving said Southeasterly comer along said Westerly Right-of-way South 16'31'18" West (South 16'08'30" West record) 111.27 feet to the -m.UE POINT OF BEGINNING; thence continuing along said Westerly Right-of-way South 16'31'18" West 13.03 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterly; thence continuing along said Westerly Right-of-way Southwesterly along said curve through a central angle of 86'58'24" an arc distance of 30.36 feet (Delta = 87'01'18" Length = 30.38 feet record) to the Northerly Right-of-way of Telegraph Canyon Road as described in deed to the County of San Diego, "recorded August 13, 1957, in Book 6705, Page 57, of Offidal Records, being a point on the arc of a reverse 3250.00 foot radius curve concave Southwesterly; thence leaving said Westerly Right-of-way along said Northerly Right-of-way of Telegraph Canyon Road, and Northwesterly along said 3250.00 foot radius curve through a central .angle of 01' 14'42" an arc distance of 101.82 feet to the Northeasterly boundary of California State Highway X1-SD-805 as described in deed to the State of California, recorded July 28, 1967, as file No. 110801; thence along said Northeasterly boundary North 28'14'40" West (North 27'13'29" West record) 18.25 feet; thence leaving said Northeasterly boundary South 76'53'40" East 114.55 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterly;-tl1ence Northeasterly along said curve throug~ a central angle of 86'28'45~ an arc distance of 30.19 feet to the TRUE POINT OF BEGINNING. 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