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HomeMy WebLinkAboutAgenda Statement 1981/01/13 Item 7Az ~ COUNCIL AGENDA STATEMENT Item 7a Meeting Date i _~ ~_~ ~ ~ ITEM TITLE: Report on access and sewers for Chula Vista Woods Resolution of Intention for Condemnation of_ right-of- way for Saphire StJ-eet SUBMITTED BY: City Engineer ~yi~` (4/5ths Vote: Yes Nom) The Tentative Map for Chula Vista Woods was approved in January, l~?78. The map has been extended twice and will now expire in July 1981. The major block in development of this project has been a lack of access. On two occasions, the City Council has considered the use of eminent domain proced ures for acquisition of land for an access road leading to this project and necessary rights for construction of a gravity sewer to the so uth. On November. 25, 1980, Council received a letter in the developer's behalf in which the condemnation of a water line right-of- way by the Otay Municipal Water District was discussed. Council directed staff to return with a report after Otay had provided the City with a substantiating letter. RECOMMENDATION; That Council: 1. Accept report. 2. Adopt Resolution of Intention for eminent domain action for right-of-way for Saphire Street and set February 3, 1981 for a public hearing . DISCUSSION: Road Rig ht-of-Way: The Otay Municipal Water district is in need of rig ht-of-way for a water line in the vicinity of Chula Vista Woods. The area to the southwest of this development has only one water line to serve it. In the event of a break or malfunction, about 2,700 homes and the Chula Vista Community Hospital would be out of water until. whatever repairs were needed had been made. The District has determined that a loop system will assure continuity of service to these homes. When Chula Vista Woods was approved approximately two years ago, the proposed streets seemed to provide Otay with the means by which the line could be built. With the City's lack of support for the condemnation of a street rig ht-of-way and the consequent stalling of the project, Otay has decided to proceed with acquisition of a rig ht-of-way for its water line. The water line will follow the proposed alignment of Saphire Street as shown on the Tentative Map. Between the easterly subdivision boundary and Brandywine Avenue, the District's right-of--way will be 30 feet wide. Additional land for slopes is proposed to be taken in fee, and will support a nominal road way as required by the conditions of approval. ld~~ h Form A-113 (Rev. 11/79) Continued EXHIBITS Agreement_____ Resolution~ Ordinance_____ Plat~ Notification List Other ENVIRONMENTAL DOCUMENT: Attached Submitted on il , c.' .. t... ~ "J" Page 2, Item 7a Meeting Date 1-13-81 At the prior public hearing concerning condemnation, testimony from United Enterprises, Inc. emphasized that the condemnation should not be pursued because the street would break up their property and make it less desirable as farm land. Also there waS no overall public benefit for the road since it only served a relatively small undeveloped parcel of land. With the knowledge that Otay Water District will condemn a 30 foot wide right-of-way (in fee) along the Same al ignment as the proposed road, the above considerations are significantly weakened. A letter from the Otay Municipal Water District in this regard is attached as an exhibit. United Enterprises property will be split and a definite public benefit will be served by improving the water system. Under the proposed situation, nominal access to Chula Vista Woods would be available whether the City concurs in condemnation proceedings or not. A small additional width (13 feet) would allow for full improvements required for the subdivision to be built. Because of the fills which would have to be placed along the embankment if the road is completed at some future date and the added expense of adding to the street improvements then, an argument can be made for completing the required roadway section now. The embankment for either the water line ,or the roadway will cross a small canyon and made necessary additional acquisition of land for drainage facilities. Sewer Easement: Two of the conditions attached to approval of the Tentative Map dealt with the provision of right-of-way for sewers and the construction of gravity sewers. It was intended that the sewer run southerly and westerly through the adjacent property. The sewer was supposed to connect to an existing sewer line at the intersection of East Palomar Stree't and Oleander Avenue. The City Council in the past has refused to condemn this sewer easement. For the following reasons I recommend that the powers of eminent domain NOT be used to obtain the easement: 1. Conditions have not changed since the last action by the City Council. 2. 'A temporary pump station could be used until the areas (proposed to be condemned for sewer purposes) develop, along with the adjacent property. If Council does not authorize the use of eminent domain for the sewer easement, then I recommend that the conditions of the tentative map be modified to allow the construction of a pump station. The conditions shall be written such that the developer pays his fair share of future sewer construction across the City park land, plus the cost of hooking up to the new sewer and demolishing the pump station. /' l c01~ .- ': .~~ .. .. Page 3, Item 7a Meeting Date 1-13-81 If Council concurs in such a modification, I will submit a specific proposal for your consideration. FISCAL IMPACT: Not applicable. All costs associated with this condemnation consideration would be paid by the developer, RLD:fpw/ by the City Council of Chula Vista, C:;iifornia Dated /-/3-t I ~? IO~7~ COUNCIL AGENDA STATEMENT Item .. 7b J tJ,3 76- Resolution of Intention Saphi re Street 1\../ / SUBMITTED BY: CHy Engineer q~. (4/5ths Vote: Yes_ No~) The Tentative Map for Chula Vista Woods was approved by the City Council in January 1978. No access to a public street is available to this development and the developers have unsuccessfully attempted to obtain City concurrence in condemning a right-of-way for such an access. It is my Meeting Date 1-13-81 ITEM TITLE: for condemnation of ri9ht-of-way for RECOMMENDATION: That Counci 1 adopt Resolution of Intention for eminent domain action for right-of-way for Saphire Street and set February 3, 1981 for a public hearing. BOARD/COMMISSION RECOMMENDATION: None DISCUSSION: The Otay Municipal Water District is condemning a right-of-way for a water line through property lyin9 between Chula Vista Woods and Brandywine Avenue. This situation and its effect on Chula Vista Woods is discussed in a previous item on this agenda. Because of changed circumstances, I believe it is appropriate to consider again the condemnation of a street right-of-way. Descriptions for the combined water line right-of-way and street, along with property needed for drainage facilities, have been prepared for incorporation into a Resolution of Intention. I recommend that a public hearing on this proposed condemnation be held on February 3 , 1981, at the regular City Council meeting at that date. FISCAL IMPACT: None RLD:nr/ by the City Council of Chula Vista, C21ifornia Dated I - ( 3 - J- I ,./ ! c>"311--; Form A-113 (Rev. 11/79) uo pan~wqns pa4JgllV :lN3WnJOO lVlN3WNO~I^N3 ..ta4l0 lS~l UOpgJHPON -lgld aJugu~p..tO X uopnlosa~ -luawaa..tfiv S1I8IHX3 '