HomeMy WebLinkAboutRDA Packet 1996/06/25 (2)
Tuesday, June 25, 1996
6:00 p.m.
(immediately following the City Council meeting)
Council Chambers
Public Services Building
Adioumed Rel!ular Joint Meetine: of the Redevelooment Ae:encv /
City Council of the City of Chuta Vista
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~ ~..~ ~,Jl~- ORAL COMMUNICATIONS
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.;:; 'F 1': ,,:g l:this is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
:;- ~ 8 :5;I ~e Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the
Redevelopment Agency from taking action on any issues not incladed on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action. Your time is limited to three minutes per speaker.
1. ROLL CALL:
2.
PUBLIC HEARING:
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COUNCIL
RESOLUTION 18253 and
AGENCY
RESOLUTION 1493
CALL TO ORDER
Agency/Council Members Alevy _' Moot _' Padilla_,
Rindone _, and Chair/Mayor Horton _
PUBLIC HEARING
JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
REDEVELOPMENT AGENCY TO CONSIDER CONDEMNATION OF
INTEREST IN CERTAIN REAL PROPERTY COMPRISED OF
APPROXIMATELY 9978 SQUARE FEET, LOCATED AT 40 NORTH
FOURTH A VENUE (TARGET SHOPPING CENTER), CHULA VISTA,
CALIFORNIA--As a condition to issuance of building permits for the project,
the Final Environmental Impact Report and Precise Plan required a fully
signalized concentric intersection be constructed at North Fourth Avenue and
Brisbane in order to mitigate traffic impacts. The purpose of this public
hearing is to determine public necessity to acquire the property by means of
eminent domain. Staff recommends the Agency/Council hold the public
hearing and approve the resolutions. f4/Sths Vote ReQuiredl Continued from
the meeting of 6/18/96 (Community Development Director)
FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY
FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY
9978 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE,
CHULA VISTA, CALIFORNIA AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY
OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY
Agenda
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June 25, 1996
OTHER BUSJNESS
3. DIRECTOR'S/CITY MANAGER'S REPORTlS)
4. CHAIR'SIMAYOR'S REPORTlS)
5. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular Redevelopment Agency Meeting on July 16, 1995 at 6:00 p.m.,
immediately following the City Council meeting, in the City Council Chambers.
* * * * * *
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request
individuals who require special accommodations to access, attend, and/or participate in a City meeting,
activity, or service request such accommodation at least forty-eight hours in advance for meetings and
five days for scheduled services and activities. Please contact the Secretary to the Redevelopment
Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD)
at 619.585.5647. California Relay Service is also available for the hearing impaired.
[C:\ WP51 IAGENCYIAGENDAS\06-25-96.AGDI
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
AGENDA STATEMENT
Item % J-
Meeting Date .-66""-8;96 (Pf5/~'"
ITEM TITLE: PUBLIC HEARING: . Joint Public Hearing of the City Council and
Redevelopment Agency to consider Condemnation of
Interest in certain real property comprised of
approximately 9978 square feet, located at 40 N. Fourth
Avenue (Target Shopping Center). Chula Vista, California
COUNCIL RESOLUTION
AGENCY RESOLUTION Finding and determining public interest
and necessity for acquiring and authorizing the condemnation of certain real
property comprised of approximately 9978 square feet located at 40 N. Fourth
Avenue, Chula Vista, California and authorizing the commencement of
condemnation proceedings by outside counsel to acquire right-of-way
SUBMITTED BY: Ch,', S,lomo,". Comm""nv D'."OO~ctoo Co c,.
REVIEWED BY: John D. Goss, City ManagerJ~ ~
4/5t s Vote: Yes.lL No_)
Council Referral Number: -
BACKGROUND:
On November 15, 1994, the City Council and Redevelopment Agency held a joint public
hearing and approved the Final Environmental Impact Report (FEIR) and Precise Plan, along
with other discretionary land-use approvals, for the Channelside Shopping Center (Wal-Mart)
project at the northwest quadrant of N. Fifth Avenue and C Street in the Town Centre II
Redevelopment Project Area. This project, formally named the South Bay Marketplace,
included additional tenants/users on the "Chura Vista" portion and a joint development
immediately adjacent to the east in the city of National City that will include, among several
other tenants/users, a new building for the existing Dixielfne Lumber store. Copies of the site
plan for the joint development project along with the proposed design for the intersection are
attached as Exhibits A and A-1.
As a condition to the issuance of building permits for the South Bay Marketplace project,the
FEIR and Precise Plan required that a fully signalized concentric intersection be constructed
at N. Fourth Avenue and Brisbane in order to mitigate the traffic impacts expected to be
generated from: 1) the build-out of the Chula Vista site (after Wal-Mart), and 2) the build-out
of the National City site (after the new Dixieline). In order to construct the intersection,
approximately 9978 square feet of the existing Target parking lot immediately opposite of
Brisbane needs to be acquired. Included as Exhibits B through B-5 are the legal descriptions
and plat maps for the property to be acquired along with the easements that are to be retained
for traffic control devices and pedestrian access. The purpose of this public hearing is to
determine the public necessity to acquire the property by means of eminent domain.
This public hearing was previously scheduled for April 9, 1996. However, two members of
the City Council/Redevelopment Agency indicated that they potentially had a conflict of
interest and therefore could not take part in the deliberations at that time. In a written
response from the Fair Political Practices Commission (FPPC) dated May 17, 1996, the City
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Meeting Date ~/18/9G- 4þS
was advised that both members have a conflict of interest and provided the process by which
one member should be randomly selected and compelled to participate after fully disclpsing
their individual conflict of interest to the public. The City Attorney staffing the meeting will
implement this process.
RECOMMENDATION: It is recommended that the City Council and Redevelopment Agency;
1) follow the instructions provided by the FPPC to select which of the two affected
Councilmembers will be compelled to participate, 2) conduct the public hearing and 3) adopt
the joint City Council and Redevelopment Agency Resolution of Necessity authorizing the City
of Chula Vista to acquire the identified property through eminent domain.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
After approval of the project at the November 15, 1994 meeting and the subsequent approval
of a Subdivision and Precise Plan Improvement Agreement on February 7, 1995, the Wal-Mart
store was opened in November 1995. Pursuant to the conditions placed on the project, Gatlin
Development Company was required to attempt to acquire, through private negotiations, the
property necessary for construction ofthe intersection and access road at Fourth Avenue and
Brisbane. The City and Agency in return, agreed to evaluate the need and/or appropriateness
for the use of eminent domain in the event that Gatlin was unsuccessful in their efforts.
For purposes of definition, the "Required Property" to be obtained is proposed to be in the
form of an easement and used for the construction and maintenance of a roadway segment,
a signalized concentric intersection, and related appurtenances ("Required Improvements") at
the corner of Fourth Avenue and Brisbane in the City of Chula Vista.
Efforts to Acquire Property
Gatlin Development made an offer to the property owners, based upon an appraisal, of
$120,734 (or $12.10 per square foot) through a letter dated July 6, 1995. The property
owners of record are 1) Charles Kerch, Nellie Streeter Crane, Ltd., and 2) William Borgerding,
Trustee, Lucyle E. Borgerding Family Trust. The property owners failed to respond to the
offer, and subsequently, Gatlin Development tendered a request for condemnation action to
the City in a letter dated August 6, 1995. After evaluation by staff and subsequent efforts
to open a dialogue with the fee owners and leasehold interests; ( Sunbelt Development and
Target Stores, Inc.) the City presented an offer to the property owners for $124,725 ($12.50
per square foot) pursuant to Government Code Section 7267.2 by certified mail on October
2, 1995, and again on October 18, 1995. The offer was contingent on the City's approval
and acceptance of title which is free and clear of all encumbrances, including any leasehold
interests.
Subsequent to the October 18 letter, the property owners agreed to the purchase price
($124,725) and submitted a signed acceptance to the City on October 27. The matter, with
all necessary monies from the developer, was then submitted to First American Title and an
escrow was opened for consummation of the transaction on November 17, 1995.
Unfortunately, the property owners were unsuccessful in getting "sign off" from Target Stores
and the title company was unwilling to issue clear title without acceptance from Target. As
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Page 3, ItemÆ ;L.- )
Meeting Date .-:1 I!.'!! 6 c,p!f 9¿"
a result, it became apparent that the only avenue for the City and Agency to acquire the
property was through eminent domain. Therefore, the ,Agency provided a final offer to
purchase plus a notice of public hearing on March 12 (and March 20 with a corrected public
hearing date) with copies to all interested parties (included as Attachment 1 and 1 A).
Finally, after receipt of the notice(s) of public hearing, Target's legal counsel contacted staff
in an effort to gain more specific information about the proposed acquisition and in particular,
the design of the intersection and its impact on the Target parking lot. Staff advised that the
proposed design was purposely intended to minimize the impact of the Target parking lot (loss
of 32 spaces) while providing their customers with better, safer ingress and egress through
the intersection and access road.
Subsequent Efforts to Settle with Target after April 9 Meeting
During this interim period while waiting for the written ruling from the FPPC, staff has
continued to work with Target's counsel, Gatlin Development, Dixieline Lumber, and American
Assets (National City's project owner/developer) in an effort to gain Target's cooperation in
this acquisition.
After an initial request from Target, a written proposal dated June 6, 1996 was provided to
Target's Counsel as follows: 1) a left-turn pocket for northbound Fourth Avenue traffic
between Brisbane and C Street will be provided to allow access to the Target store via an
existing driveway curb cut; 2) Target access rights through the new intersection and access
road will be guaranteed through an access easement granted to Target by American Assets
(American Assets also agrees to maintain the easement improvements without cost to
Target); and 3) all other traffic control designs are to remain the same including stop signs for
north and south bound traffic at the interior intersection of the access road just west of the
"S" curve. Included as Attachment 2 is the proposed design of the left turn pocket for
accessing the Target Shopping Center.
As of the deadline for submitting this report, the City has hot received a formal response from
Target. However, Target's attorney indicated, subject to further discussions with their client,
that Target is likely to accept the proposal (including the stipulation to the City's right to
take). The primary outstanding issue is Target's agreement to accept the amount of
compensation offered to their Ia"ndlord while reserving their rights to receive a portion of the
compensation. Staff will update the Council/Agency at the meeting.
Requirements and Findings for Eminent Domain Action
In order to adopt a Resolution of Necessity, the California Code of Civil Procedure, section
1240.030, provides that the power of eminent domain may be exercised to acquire property
for a proposed project if certain conditions are established. Following is a list of the required
conditions along with the appropriate findings:
1. The public interest and necessity require the project.
The public interest and necessity require the acquisition of the Required Property in
order to construct the Required Improvements that is necessary to mitigate the traffic
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Page 4, Item~ ;;...
Meeting Date e&I1"879'!í ?PS)q(,
impacts generated by the Channelside Shopping Center ("Project") and adjacent
projects, and to otherwise provide for safe and proper traffic flows through the
intersection.
2. The project is planned or located in a manner that will be the most compatible
with the greatest public good and the least private injury.
The Required Improvements are planned and located to be most compatible with the
greatest public good because, in accordance with City traffic studies, they maximize
the necessary traffic mitigation and control where the most intense traffic flows are
expected to occur. The traffic study for the project indicated that of the 23,500
average daily trips to be generated from both the Wal-Mart and Dixieline centers, 40%
or 9.400 trips are expected to occur at the Fourth Avenue and Brisbane intersection.
A fully aligned intersection at this location is far superior to a non-aligned intersection
because of substantially improved safety and movements for both vehicular and
pedestrian traffic.
The Required Improvements are planned and located to be most compatible with the
least private injury in that any other feasible plan or location would cause even more
significant impacts on private property. As currently proposed the Required
Improvements require the taking of approximately 9,977.88 square feet. This is a
relatively small portion of the overall parcel owned by Nellie Streeter Crane, Ltd. and
the Lucyle E. Borgerding Family Trust at this location. Moreover, the parking spaces
which are being taken from the Target store which operates on the parcel are spaces
which are located relatively far away from the Target store entrance, and therefore are
the least used of all available spaces. The need for the Required Improvements for
health and safety purposes outweighs the minor effect on Nellie Streeter Crane, Ltd.
and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest
in the property.
3. The property sought to be acquired is necessary for the project.
The Required Property is necessary for the Required Improvements because it underlies
the property over which the realigned roadway, striping and signalization equipment
must be located.
4. The offer required by Government Code section 7267.2 has been made to the
owner of record.
The offer required by section 7267.2 of the Government Code was made to the
owners of record in an amount constituting just compensation, based upon the fair
market value as established in an independent appraisal of the property.
5. The taking, as to any portion which is appropriated or dedicated to a public use,
is for a compatible public use consistent with and authorized by the California
Code of Civil Procedure section 1240.510; and,
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Meeting Date OG,L18¡'Sõ /pr;.s f.ø
6. The taking as to any portion of the property which is appropriated or dedicated
to a public use is for a more necessary public use consistent with and
authorized by California Code of Civil Procedure section 1240.610.
To the extent that any portion of the Required Property includes property previously
dedicated to public use, the taking by the City as to any such portion is either for a
compatible public use consistent with and authorized by Code of Civil Procedure
Section 1240.510, or for a more necessary public use consistent with and authorized
by Code of Civil Procedure Section 1240.610.
As a final note, the value of the property contemplated to be taken is not fixed by this
proposed Resolution of Necessity. The City and Agency have submitted offers based upon
a "special use" appraisal taking into account the current use of the property. Any disputes
relative to the ultimate valuation is to be decided at another phase of this process, and is not
a basis for delaying the adoption of the resolution as along as an offer pursuant to
Government Code section 7267.2 has been made as stated in #4 above.
FISCAL IMPACT:
This specific eminent domain action will not have a fiscal impact on the City or Agency. All
costs associated with the property acquisition, (including escrow, title and legal fees) along
with the subsequent construction, is being funded entirely by Gatlin Development Company.
Additionally, any increase in the ultimate valuation determined to be "just compensation" for
the property will also be the responsibility of the developer.
m:\home\commdev\haynes\reports\targtrow. 1 13
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OW OF
CHUlA VISfA
COMMUNITY DEVELOPMENT DEPARTMENT
March 20, 1996
CERTIFIED MAil - RETURN RECEIPT REQUESTED
Mr. Charles Kerch Mr. William Borgerding
K & S Limited Trustee, Lucyle E. Borgerding Family Trust
Nellie Streeter Crane, Ltd. 8914 Retcher Valley Drive
860 Isthmus Court, Apt. 2 Santee, CA 92071
San Diego, CA 92109
RE: NOTICE OF CHANGE IN PUBLIC HEARING DATE
Dear Messrs. Kerch and Borgerding:
In a letter dated March 12, 1996 (copy attached), the City of Chula Vista provided you a notice of
public hearing to consider condemnation of interest in property located at 40 N. Fourth Avenue,
opposite Brisbane in the City of Chula Vista. The notice included a scheduled public hearing date of
April 2, 1996 in the City Council Chambers, 276 Fourth Avenue, Chula Vista.
This letter serves as formal notice that the scheduled public. hearing will not OCcur on April 2, 1996
due to the Easter Holiday break. Therefore, the public hearing has been scheduled for Tuesday, April
9. 1996 at 6:00 p.m. or as soon thereafter as possible, in the Chula Vista City Council Chambers, 276
Fourth Avenue, Chula Vista, CA with the intention of adopting a Resolution of Necessity to acquire the
property through eminent domain.
All other information and exhibits provided in the March 12, 1996 notice is restàted and incorporated
herewith.
Sincerely, <
~.~
Chris Salomone .
Community Development Director
LH/ak
Attachment
Copies via Certified Mail:
Mike Holmes, Latigo West Development
Susan Lake Gasway; General Counsel, Dayton- Hudson Corp.
Mark B. Johnson. Manager, Existing Real Estate and Property
Administration, Target Stores, Inc.
cc: Patricia A. Riley, Esq., Corporate Counsel, Gatlin Development ~~b
Stephen J. Fitch, Esq.' .
Scott Noya, Esq., Daley & Heft -'> ØT
Glen R. Googins, Deputy City Attorney
Lyle Haynes, Principal Community Development Specialist
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5047
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ATTACHMENT I-A
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CllY OF ~
CHUrA VISfA
COMMUNITY DEVELOPMENT DEPARTMENT I
I
March 12,1996
Mr. Charles Kerch CERTIFIED KArL
K & S Limited
Nellie streeter Crane, Ltd. RETURN RECEnT
860 Isthmus Court; Apt. 2 REQUESTED
San Diego, CA 92109
Mr. William Borgerding
Trustee, Lucyle E. Borgerding Family Trust
8914 Fletcher Valley Drive
Santee, CA 92071
RE: Offer to Purchase; Notice of Public Hearing to Consider
Condemnation of Interest in Certain Real Property
comprised of Approximately 9,977.88 square feet,
located at 40 N. Fourth Ave., Chula Vista, California.
Dear Messrs. Kerch and Borgerding:
On October 2, 1995, the City of Chula Vista presented you with an
offer to acquire a right of way interest in the above-described
real property (the "Required Property") which is owned by you,
and which the city needs in order to construct a fully aligned
signalized intersection at the corner of Fourth Avenue and
Brisbane in Chula Vista; The -City has'deterinined that such -an
intersection is necessary at this site in order to provide safe
and sufficient access through this intersection to the adjacent
shopping center properties. The City offered to pay you $124,725
for the Required Property. One condition to this offer was that
you deliver title to the Required Property free and clear of all
liens and encumbrances, including leasehold interests. You
accepted the city's offer by signing a copy thereof on or about
October 17,1995.
Despite our mutual efforts, as you know we have not been unable
to obtain approvals for this acquisition from the parties holding
leasehold interests in the Required Property, Latigo West'
Development and Target Stores, Inc. Without such approvals, you
will not be able to deliver title to the Required Property free
and clear of all liens and encumbrances. Due to the failure of
this condition, the City hereby terminates the agreement
reflected by your execution of the city's October 2,1995 offer
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 900101le10\ e01"n&7
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Mr. Charles Kerch
Mr. William Borgerding
RE: Notice of Public Hearing; Signalized Intersection
at Fourth Avenue and Brisbane
March 12, 1996
Page 2
letter. Furthermore, due to the City's continuing need for the
Required Property and the time constraints imposed by the
construction schedule for the adjacent shopping center projects,
the City must now commence eminent domain proceedings against the
Required Property.
As part of such proceedings, in accordance with Government Code
section 7267.2, the city hereby offers to pay you $121,000 for
the Required Property. As you know, this offer is supported by
independent appraisal of the Required Property. A summary of
this appraisal is attached hereto as Exhibit A. A plat map and a
legal description of the Required Property are attached hereto as
Exhibit Band Exhibit C, respectively. The interest to be
acquired in the Required Property is an easement for right of way
and related appurtenances.
Furthermore, you are hereby served notice that the City Council
of the city of Chula Vista will hold a Public Hearing on April 2,
1996, at 6:00 p.m. or as soon thereafter as possible, in the
Chula Vista city Council Chambers, 276 Fourth Avenue, Chula
Vista, California, with the intention of adopting a Resolution of
Necessity to acquire the Required Property through eminent
domain. .
The California Code of civil Procedure, s~ction 1240.030,
provides that the power of eminent domain may be exercised to
acquire property.for a proposed project if the following
conditions are established:
(a) The public interest and necessity require the
project;
(b) The project is planned or located in the manner
that will be the most compatible with the greatest
public good and the least private injury;
(c) The property sought to be acquired is necessary
for the project;
(d) The offer required by Government Code
section 7267.2 has been made to the owner of record;
(e) The taking, as to any portion of the property
which is appropriated or dedicated to a public use, is
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CITY OF CHULA VISTA
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Mr. Charles Kerch
Mr. William Borgerding
RE: Notice of Public Hearing; Signalized Intersection
at Fou~th Avenue and Brisbane
March 12, 1996
Page 3
for a compatible public use consistent with and
authorized by the California Code of civil Procedure
section 1240.510;
(f) The taking as to any portion of the property which
is appropriated or dedicated to a public use is for a
more necessary public use consistent with and
authorized by California Code of civil Procedure
section 1240.610..
During the public hearing on April 2, 1996, ~he City Council will
be asked to determine if the above conditions have been met
concerning the Required Property. If these conditions have been
met, the Council will be requested to adopt a Resolution of
Necessity. The adopted Resolution will authorize the City of
Chula Vista to acquire the Required Property by eminent domain.
The amount of and your right to just compensation is not a part
of this proceeding and will not be considered by the City Council
in determining whether a Resolution of Necessity should be
adopted.
You are entitled to appear and be heard regarding the adoption of
the Resolution of Necessity if you file a written request to do
so within 15 days of the date of the mail~ng of this notice.
Objections to the intended actions are limited as set forth
below: -
(1) Your written request must be filed with:
City of Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910.
(2) The written request must actually be on file
within the above-referenced IS-day period. Failure to
file a written request results in a waiver of your
right to appear and be heard.
(3) The written request should include a statement of
the condition(s) which you feel are pertinent to your
property. The only conditions that may affect your
property which may be addressed are set forth above
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CITY OF CHULA VISTA
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Hr. Charles Kerch
Hr. William Borgerding
RE: Notice of Public Hearing; Signalized Intersection
at Fourth Avenue and Brisbane
March 1.2, 1.996
Page 4
(designated as (a), (b), (c), (d), (e) and (f».
By designating which condition(s) form the basis of your concerns
and why, you will enable the City Council to have a full and
expeditious review of your opinion of the project's potential
affect on your property.
Should you have any questions regarding this notice, your rights
as set forth herein, or the project, please do not hesitate to
contact this office, our Deputy City, Glen Googins at (61.9) 691.-
5037, or our special legal counsel, Scott Noya of Daley & Heft at
(61.9) 755-5666.
Sincerely,
~, ~
Chris Salomone
Community Development Director
CS:pc
Att.
Copies via Certified Mail:
Mike Holmes, Latigo West Developmen£
Susan Lake Gasway, General Counsel, Dayton-Hudson Corp.
Mark B. Johnson, Manager, Existing Real Estate and Property
Administration, Target Stores, Inc.
cc: patricia A. Riley, Esq., Corporate Counsel, Gatlin Develop.
Stephen J. Fitch, Esq.
Scott Noya, Esq., Daley & Heft
Glen R. Googins, Deputy City Attorney
Lyle Haynes, Principal Community Development Specialist
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CITY OF CHULA VISTA
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COUNCIL RESOLUTION NO. 18253
AGENCY RESOLUTION NO. 1493
JOINT RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY COMPRISED OF APPROXIMATELY 9,977.88 SQUARE
FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA,
CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE
RIGHT-OF-WAY
WHEREAS, on November 15, 1994 at a joint meeting of the City
of Chula Vista City Council ("city") and the Redevelopment Agency
of the City of Chula Vista ("Agency"), the City and the Agency
adopted Joint Agency Resolution No. 1430 and Council Resolution No.
17705 which (a) certified final environmental impact report (EIR
94-02), (b) adopted Addendum EIR 94-02A, (c) made certain findings
of fact relating to the feasibility of mitigation measures and
project alternatives, (d) adopted a mitigation monitoring and
reporting program, and (e) adopted a statement of overriding
considerations (collectively, the "EIR Resolution"), all with
respect to that certain shopping center project to be located at
the northern end of Fifth Avenue in Chula Vista commonly referred
to as the Channelside Shopping Center project (the "Project"); and
WHEREAS, immediately following the adoption of the EIR
Resolution the Agency adopted Resolution No. 1431 approving the
Project and the Precise Plan therefor, subject to specific terms
and conditions (the "Project Approval Resolution"); and
WHEREAS, on February 7, 1995, the" city adopted Resolution
17804 authorizing the execution of a Subdivision and Precise Plan
Improvement Agreement which required that the Project developer
would be obligated to install and complete, at developer's own
expense, all the public and private improvement work required by
Project Approval Resolution and the proposed subdivision; and
WHEREAS, as a condition to the issuance of building permits
for a portion of the Project, the Project Approval Resolution
requires construction of a fully aligned signalized intersection at
the intersection of Fourth Avenue and Brisbane in Chula vista (the
"Required Intersection Improvements") which will serve to provide
a safe and sufficient access through the intersection to the
adjacent shopping center properties; and
WHEREAS, a portion of the Required Intersection Improvements
are proposed to be installed and maintained on and about certain
privately owned real property legally described in Exhibit A and
diagrammatically shown in the corresponding map designated as
Exhibit B (all of which are attached hereto and incorporated herein
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Resolution No. -
Page 2
by reference) (the "Required Property"); and
WHEREAS, the City and Agency through the Community Development
Department of the City of Chula Vista, has engaged in good faith
negotiations for the voluntary acquisition of the Required
Property, which efforts included the extension of an offer for the
acquisition of the same at fair market value, based on an
appraisal, to the current owners, Nellie streeter Crane, Ltd. and
the Lucyle E. Borgerding Family Trust, and various correspondence
and efforts to contact the affected owners and interest holders in
the subject property, and such good faith negotiations and
attempted voluntary acquisition have been unsuccessful; and
WHEREAS, in accordance with California Code of civil Procedure
Section 1245.235 the City properly noticed, and on April 9, 1996
properly conducted a public hearing to consider the adoption of
this Resolution; and
WHEREAS, at such public hearing the City and Agency have
considered all of the evidence submitted including all relevant
staff reports, and all evidence relating to the need for the
Required Improvements and the Required Property; and
WHEREAS, the City and the Agency have now received substantial
and convincing evidence that (a) the public interest and necessity
require the construction of the Required Intersection Improvements
in order to provide safe and sufficient access through the
intersection to the adjacent shopping center properties, including
the Project, (b) the Required Intersection Improvements are planned
and located in a manner that will be "Inost compatible with the
greatest public good and the least private injury, and (c) the
acquisition of Required Property for permanent easement, street
right-of-way and related purposes is necessary to install and
maintain the Required Intersection Improvements; and
WHEREAS, the City and Agency have received substantial and
convincing evidence that the acquisition of the subject property is
for a public use, to wit: the improvement of a transportation
facility; and
WHEREAS, the City and Agency have also received substantial
and convincing evidence that the acquisition of the subject
property is for a redevelopment purpose, to wit: the elimination
of blight and blighting influences and the improvement of health
and safety within the City of Chula Vista by providing a fully
aligned signalized intersection; and
WHEREAS, the city has satisfied all requirements for the
adoption of a Resolution of Necessity with respect to the Required
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Resolution No. -
Page 3
Property in accordance with California Code of civil Procedure
sections 1245,210 through 1245.270; and
NOW, THEREFORE, THE CITY OF CHULA VISTA CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DO HEREBY FIND,
RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS
MEMBERS, AS FOLLOWS:
1. Proposed Use and Description of Proper tv to be Acauired.
The Required Property, as more particularly described in
the above recitals and on Exhibits A and B attached hereto and
incorporated herein by this reference, shall be used for the
construction and maintenance of the Required Intersection
Improvements, namely, a roadway segment, a signalized, concentric
intersection, and related appurtenances at the corner of Fourth
Avenue and Brisbane in the City of Chula vista as shall be more
particularly described on plans submitted to and approved by the
City Engineer. The interest in the Required Property to be
obtained is an easement.
2. Findinas Related to Necessitv.
A. Public Interest and Necessity Reauire the proiect.
The public interest, convenience and necessity of
the city of Chula Vista and the Redevelopment Agency of the City of
Chula Vista, and its residents, require the installation and
maintenance of the Required Intersection Improvements in order to
mitigate the traffic impacts generated bý the Channels ide Shopping
Center project ("Project") and adjacent projects, and to otherwise
provide for safe and proper traffic flows through the intersection.
B. Proiect Planned and Located for Greatest Public
Good and Least Private Iniurv.
The Required Intersection Improvements are planned
and located to be most compatible with the greatest public good
because, in accordance with City traffic studies, they maximize the
necessary traffic mitigation and control where the most intense
traffic flows are expected to occur. A fully aligned intersection
at this location is far superior to a non-aligned intersection
because of substantially improved safety and movements for both
vehicular and pedestrian traffic. The Required Intersection
Improvements are planned and located to be most compatible with the
least private injury in that any other feasible plan or location
would cause even more significant impacts on private property. As
currently proposed the Required Improvements require the taking of
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Resolution No. -
Page 4
approximately 9,977.88 square feet of the Required Property. This
is a relatively small portion of the overall parcel owned by Nellie
streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust at
this location. The parking spaces which are being eliminated from
the Target store which operates on the parcel as a result of the
construction of the Required Intersection Improvements are located
far away from the Target store entrance. The need for the Required
Intersection Improvements for health and safety purposes outweighs
the relatively minor advers impact on Nellie streeter Crane, Ltd.
and the Lucyle E. Borgerding Family Trust and other parties having
a leasehold interest in the property.
C. Property to be Acquired is Necessary for the
Proiect.
The Required Property is necessary for the Required
Intersection Improvements because it underlies ~he property over
which the realigned roadway, striping and signalization equipment
must be located.
D. Public Use Property.
To the extent that any portion of the Required
Property includes property previously dedicated to public use, the
taking by the City as to any such portion is either for a
compatible public use consistent with and authorized by Code of
Civil Procedure section 1240.510, or for a more necessary public
use consistent with and authorized by Code of civil Procedure
Section 1240.610.
3. Voluntary Offer to Purchase the Property Made.
An offer to purchase the necessary easement in the
Required Property for an amount constituting just compensation, as
determined by an appraisal, has been made to the owners of record
of the Required Property in accordance with Goyernment Code section
7267.2.
4. Authority to Proceed in Eminent Domain Granted.
The city of Chula Vista, as the designated responsible
lead agency for the Required Intersection Improvements portion of
the Project, and all appropriate officers, representatives and
attorneys, are hereby authorized and empowered, as provided by and
in accordance with the applicable proyisions of the Constitution of
California, Government Code, Code of civil Procedure, the city
Charter and Municipal Code related to eminent domain, to acquire
the necessary easements to the Required Property by condemnation is
the name of the city of Chula vista to be used for the municipal
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Resolution No. -
Page 5
purpose of enhancing a transportation facility, and for Health and
Safety purposes, as and to that end, it is authorized and directed
to commence and to prosecute an action or actions in eminent domain
for the purpose of acquiring easements to the Required Property.
5. Retention of Eminent Domain Counsel Authorized.
The city Attorney for the City of Chula Vista, as General
Counsel, and the law firm of Daley & Heft, special attorneys for
City are hereby authorized to prepare and prosecute in the name of
the City, such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and to
prepare and file such pleadings, documents, briefs, and other
instruments and to make such arguments and to take such actions as
may be necessary in the opinion of said attorneys to acquire for
said City the said real property. Said attorneys are specifically
authorized to take whatever steps and/or procedures are available
to them under the Eminent Domain Law of the State of California
including but not limited to Code of civil Procedure, Title 7,
Chapters 1-12, sections 1230.010-1273.050).
6. Appropriation of Necessarv Proceeds.
The proceeds required to be contributed to the city by
the developer of the Project pursuant to the Project Approval
Resolution and related agreements are hereby appropriated for
purposes of acquiring the Required Property and paying Daley & Heft
in connection therewith, with any excess to be reimbursed to the
developer.
7. Issues of Urqencv, Expediencv, Desirabilitv and
Necessitv.
The acquisition of the, Required Property is urgently
needed to expediently complete the Project and is manifestly
desirable and essential to the declared objects of the City and
Agency. The Required Intersection Improvements within the City and
Agency's jurisdiction are needed in order to improve the overall
safety of the roadway and to provide a fully aligned, signalized
intersection at the corner of Fourth Avenue and Brisbane in Chula
Vista. The City of Chula Vista has urgent need for the immediate
possession of such property, and the designated attorneys on behalf
of the City are authorized and directed to secure an order of court
authorizing the City of Chula Vista to take possession of said
property at the earliest possible date.
8. CEOA Compliance.
The Council and the Redevelopment Agency have previously
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Resolution No. -
Page 6
appropriate findings and adoptions required by the California
Environmental Quality Act ("CEQA") in connection therewith. The
Project analysis included an analysis of the environmental impacts
of the construction of the Required Intersection Improvements. To
the extent that the adoption of this Resolution in and of itself
will not generate any significant environmental impacts, this
action is exempt from CEQA in accordance with CEQA Guidelines
section 15061(b) (3).
9. Independent iudqrnent.
The City and the Agency hereby find and determine that
their approval of eminent domain proceedings, adoptions of this
Resolution and related findings made in connection therewith, were
the product of their exercise of their independent review and
judgment.
Presented by Approved as to form by
J:.{~mS;~ ./
Director of Community
Development
N: \shared\attorney\wal- oart, rn
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EXHIBIT "Bl" -
EXHIBIT
THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO D~ LA
NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO.
166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00
FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50.00 FEET OF SAID
LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH
AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET
WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29"
EAST, 89.26 FEET; THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE SOUTH
71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 126.06 FEET TO THE
BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 38°19'01" A DISTANCE OF 74.23 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 71 °47'54" WEST, 18.00 FEET; THENCE NORTH 18°12'06" WEST, 1.50 FEET TO
A POINT ON THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET
OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF
LOT 11 NORTH 71 °47'54" EAST, 245.93 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.23 ACRES MORE OR LESS.
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EASEMENT FOR TRAFFIC CONTROL DEVICES
THAT PORTION OF 1 0 ACR\= LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA
NACION, IN THE CITIES OF CHULA VISTA AND' NATIONAL CITY, COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868. .
COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY
130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50 FEET OF
SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH
AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET
WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29"
EAST, 27.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
18°03'29" EAST, 61.74 FEET; THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE
SOUTH 71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 19'01" A DISTANCE OF 126.06 FEET
TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 74.23 FEET; THENCE SOUTH 71 °47'54"
WEST, 18.00 FEET; THENCE NORTH 18°12'06" WEST, 1.50 FEET; THENCE NORTH
71 °47'54" EAST, 117.09 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CEN~RAL ANGLE OF 35°15'25." A DISTANCE OF 92,30 FEET;
THENCE TANGENT TO SAID CURVE NORTH 71 °47'54" EAST, 42.19 FEET TO THE TRUE
POINT OF BEGINNING,
CONTAINS 0.17 ACRES MORE OR LESS.
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PEDESTRIAN ACCESS EASEMENT "B"
THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA
NACION, IN THE CITIES OF CHULA VISTA AND NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868,
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BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00
FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50 FEET OF SAID LOT
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DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18003'29" EAST, 89.26 FEET;
THENCE NORTH 69029'04" WEST, 29.02 FEET; THENCE NORTH 18003'29" WEST, 71.11
FEET TO INTERSECTION WITH THE ABOVE DESCRIBED NORTHERLY LINE OF THE
SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE
SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 047'54" EAST, 22.68 FEET TO THE POINT
OF BEGINNING.
CONTAINS 0.04 ACRES MORE OR LESS.
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