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HomeMy WebLinkAboutRDA Reso 2001-1732 RDA RESOLUTION NO. 2001-1732 (C/TYCOUNClL RESOLUTION NO. 200/-222) JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPER TY LOCATED AT 362- 398 "F" STREET, CHULA VISTA, CALIFORNIA FOR THE CONSTRUCTION OF THE CITY'S POLICE HEADQUARTERS AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY WHEREAS, in connection with municipal purposes, it appears necessary for the City of Chula Vista and/or its Redevelopment Agency to acquire certain real property located at 362-398 "F" Street in Chula Vista, California, for the construction, maintenance and operation of Police Headquarters and related facilities for the proposed Chula Vista Police Station Redevelopment Project, a public use (Project); and WHEREAS, public interest, convenience and necessity require the acquisition offee simple interest in said real property more particularly described and depicted in the attached Deed and Exhibits thereto, on file in the City Clerk's Office, 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 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 ofChula Vista and its Redevelopment Agency are authorized to acquire said real property, and fee simple interest therein, for such public use by eminent domain pursuant, inter alia, to California Constitution Article I, Section 19; California Government Code Sections 37350.5 and 38010; California Code of Civil Procedure Sections 1240.010, 1240.110,1240.120, and 1255.410; and California Health and Safety Code Sections 33000, et. seq.; and WHEREAS, an offer to purchase the required interest 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; and _.................._. T RDA Resolution No. 2001-1732 Page 2 WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure, have been provided notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 ofthe Code of Civil Procedure. NOW THEREFOR, BE IT RESOLVED that the City Council and the Redevelopment Agency of the City ofChula Vista find and determine and hereby declare, by a vote of not less than two-thirds of its members, as follows: I. 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 of the City ofChula Vista, and the inhabitants thereof, require the Project and improvements and appurtenances thereto. 4. That the Project and improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Deed and Exhibits thereto have been planned and located in the 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 and depicted in the Deed and Exhibits thereto, is necessary for the proposed Project. 6. That the 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/or its Redevelopment Agency, and all appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the real property described and depicted in the attached Deed and Exhibits thereto, in the name of and on behalf of the City of Chula Vista and/or its Redevelopment Agency, and to that end are hereby authorized and directed to commence and prosecute an action, or actions, in eminent domain for the purpose of acquiring said real property and fee simple interest therein, and to obtain an order for immediate possession in the manner provided by law. Pre~nz: 1/ k Ann Hix Acting Community Development Director for Chris Salomone Prior Community Development Director Approved as to form by ~~(~~~~~ Ann Moore Agency Counsel for John M. Kaheny Prior Agency Counsel RDA Resolution No. 2001-1732 Page 3 PASSED, APPROVED, and ADOPTED by tbe Redevelopment Agency oftbe City ofChula Vista, California, this lih day of July 2001, by the following vote: AYES: Agency Members: Davis, Padilla, Salas, and Horton NAYES: Agency Members: None ABSENT: Agency Members: Ri"d~~~d~ Stephen C. Padilla, Chair for Shirley Horton Prior Chair ATTESi: /11/' /~v1A ./I~/ Ann Hix, Acting Secretary for Chris Salomone, Prior Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Chris Salomone, Secretary oftbe Chula Vista Redevelopment Agency, do hereby certifY that the foregoing RDA Resolution No. 2001-1732 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 17th r of ~O~! . Executed this 17th day ofJu\y 2001. // ,/ ,t 1/" lAm . ~ Ann Hix, Acting Secr tary for Chris Salomone Pri or Secretary RDA Resolution No. 2001-1732 Page 4 R.ECO~OrNG REQUESTED BY; COMMONWEALTH LAND TITLE COMPANY AND WHEN RECORDED MAlL TO: DOC # 2001-0535522 lffICIIiL RIT.ORDS StM noo COOffiI REClJRDER'S OFFICE IMSlJRY J. 1li1l"H, IIDITY ~ FEES: 52ffi.15 ~ ~ ~ 00. "".~... mll.UD ~ "^" "" ~M;::::~ ,~,..~ ~ A.P.' 568-270.03," PARTNERSHIP GRANT DEED ~ THE UNDERSIGNED GRANTOR(S) DECLARE(s) Iii DOCUMENTARYTRANSFERTAXis$5,la4.,;5 S-,'"t..l,,~. ~ V", [X] computed on full value of property conveyed, or 1\' \ [ ] computed on full value less value of liens or encumbrances remaining at time of sale. \ [ ] Unincorporated area (X] City of Chula Vista, AND \ ~ FOR A VALUABLE CONSIDERATION. rec6lpt of which IS hereby acknowledg~d, CHlILA VlST A CENTER. a Partnership City CI erk The city of ChuJa vista 276 Fourth Avenue Chu!a Vista, CA 9191 0 Jul 3~. 200~ 2=13 PM 17404 hereby GRANT{s) to: THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA the real property in the City of Chula Vista. County of San Diego, State of Califomie, desoribed as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF No recording fee required. This document is exemp.t f.rom ~ee ~ursuant to Section 6103 of the California Government Code~ DATEO July 26, 2001 CHULA VISTA CENTEEl, a Cali~o STATE OF CALIFORNtA _, Partnership ~ COUNTY li g/l/ 1)/;;;; v ~;"',.1e. t{ ~ K. /1VH'h?V>-,,~~{(.->, . N~Y Public Il'l and for S'8td rate. ~.rsonally 8pPt.red O~ r+ (lC>..P a..r\ , ia General ~ ~ IiIT~- 1""lkF1S' f'I 11 '1:18 lor proved to' me on the basis of /""i satisfactory evtdance) to be th~ p.r~Ql"lis} wnose name{stj$1ere S'UbS~ed 'to the wfthln instrurnel1t an~l)qowled;ed tc me th~nelthey eXflC'Ltt~d same 1t(!!.lilMsrltheir authQrizad capaCJty{iB.II). ant! that i /her/their sisnnur8(sl on the Ins:tr ment the petaol'lls], r the entity upon behalf of whi:ch the pe on(sJ act.a, executed the instrument. W ESS my h.I official seal. - - - - - - - - r LlSEITE R. MIRAMONTES ~ COMM. # 1233010 C) TARY FUBUC-CAUFCRNIA 0 SAN CtEGO COUNTY -" COMM. EXP. AUG. 2:6, 2003 !This area for official notarial seal) RDA Resolution No. 2001-1732 Page 5 17405 ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from CHOLA VISTA CENTER, a California partnership, to the Redevelopment Agency of the City of Chula Vista, a public agency, is hereby accepted by the undersigned on behalf of said public agency pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Dated: '7~'::,()-{)) . The Redevelopment Agency of the City of Chula Vista, a public agency By: rL~ S~~ Its: . RDA Resolut,ion No. 2001-1732 Page 6 17406 ~ :;--.--:' -.(; Page 3 EXEiIBIT "A" PARCEL 1: That portion of Lot 17 in Quarter Section 137 of Chuta Vista, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, med in the Office. of the County Recorder of San Diego County, March 13, 1888, described as follows: Beginning at a point in the Southeasterly line of said Lot 17; South 710 West 323.75 feet from the Southeasterly corner of said Lot, said point being on tl!e Northeasterly line of the land described in Deed to the San Diego and Arizona Railway Company, recorded June 24, 1919 in BOok 789, Page 25 of Deeds; thence along said Northeasterly line North 54006'30" West to the Northerly line of the Southerly 30.00 feet of said Lot 17, being the True Point of Beginning; thence continuing. along the Northeasterly line of said Railway Company land, North 54006'30" West to the beginning of a 479.27 foot radius tangent curve in said Northeasterly line; thence Northwesterly along said curve, to the left, 219.60 feet to a point in the Northwesterly line of said Lot 17; thence Northeasterly along said Northwesterly Jim to the Northeasterly corner of said Lot 17; thence Southerly along the Northeasterly line of said Lot 17 to the Northerly line of the Southerly 30.00 feet of said Lot 17; thence South 710 West along said Northerly line to the True Point of Beginning. . PARCEL 2: That portion of Lot 17 in Quarter Section 137 of Chula Vista, in the City of Chuta Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the Office of the County Recorder of San Diego County, March 13, 1888, described as follows: Beginning at the Northwesterly comer of Lot 17 in said Quarter Section 137; thence North 71 0 East along the Northerly line of said Lot 17, 34 feet to a point; thence Southeasterly on a curve to the right, having a radius of 479.27 feet, 219.6 feet to a point; thence South 54006'30. East, tangent to said curve, 177.96 feet to a point on the Southerly line of said Lot 17, said point being 323.75 feet South 710 West from the Southeasterly comer of said Lot 17; thence South 71 0 along the said Southerly line of said Lot 17, 48.88 feet to a point; thence North 54006'30"'West, 149.84 feet to a point; thence Northwesterly on a curve to the left having a radius of 439.27 feet, 217.96 feet to a point on the Westerly line of said Lot 17; thence North 190 West along the Westerly line of said Lot 17, 27.35 feet to the Point of Beginning. EXCEPTING THEREFROM that portion of Lot 17 of the Southwest Quarter of Quarter Section 137 of Map of Chuta Vista, in the City of ChuIa Vista, County of San Diego, State of California, according to Map thereof No. 505, fJ.1ed in the Office of the County Recorder of San Diego County, more particularly descnbed as follows: CL TA P"'limina!y Ropolt Form (Rev_ 1/1/95) - RDA Resolution No. 2001-1732 Page 7 17407 Page 4 Beginning at the Northwest corner of said Lot 17, also being the True Point of Beginning; thence Easterly along the Northerly lot line of said Lot 17, also being the Southerly right of way line of "F" Street, according to said Map No. 505, bearing North 71024'59" East, a distance of 21. 98 feet to the tangent point of a curve concave Southeasterly with a radius of 22.00 feet; thence Southwesterly along the arc of said curve through a central angle of 89'56' 17", a distance of 3453 feet to the point of tangency to the Easterly right of way line of Fourth Avenue, according to said Map No. 505; thence Northerly along said line bearing North 18031 '18" West, a distance of 21.98 feet to the True Point of Beginning. APN: 568-270-11 and 568-270-03 CLTA Proliminary Report Ponn (R.... 111/95)