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HomeMy WebLinkAboutReso 1978-9413RESOLUTION NO . 94__ 13 ___ reso: Oct for in ref RESOLUTION OFNING ANDYDEOCLARING THEHPUBLIC NECESSITY VISTA DETERMI OF THE ACQUISITION OF PROPERTY OWNED BY MARINA MOTEL , A CAL IFORNIASCOARPNRATIAONND'AUTHORIZING TIiERYCOMMENCEMENT OF FOR TIDELAND CONDEMNATION PROCEEDINGS TO ACQUIRE SAID TEMPORARY RIGHT OF WAY The City Council of the City of Chula Vista does hereby Lve as follows: WHEREAS, the City of Chula Vista has herrant of easement per 18, 1968 entered into an agreement for a g street purposes for the property more specifically described xhibits A and B, attached hereto and incorporated herein by rence as if set forth in full, and was to accommodate the temporary the Chula Vista Bayfront for a WHEREAS, said easement ali nment of Tidelands Avenue in per od of ten years, and sec re Coa tal f is in ma th de by H 0 r 1 e WHEREAS, the City of Chula Vista approval of a local coastal program commission establishing a permanen has not been able to from the California t Tidelands Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Chula Vista: 1, That the City Council of the City of CublicVista ds and determines and thereby declares that the p Brest and necessity require the acquisition of a temporary eriod of five (5) years for the installation and ement for a P and emplacement of street right of way, ntenance of grading •b, gutter, sidewalk and associated drainage strmorerpartP~ularly •ough, over, under and across the real property orated scribed in Exhibits A and B, attached hereto and incorp reference. 2. That the City Council of the City °o ertlan cessary authority to acquire by eminent domain any p P Y carry out any of its powers °recifically CaliforniaoStreetsrand vernment Code §37350.5, more sp uisition by condemnation ghways Code X4090 authorizesublicainterest or convenience may any property whenever the p quire it. 3. That the subject property is necessary for the pro- ~sed project and that such plbbecmlo Prop patible withntheagaeat- >cated in a manner which wil rivate injury. ;t public good and the least p ublic interest and necessity require the 4, That the p easement for a period of ~quisition and taking of a temporary ears of certain real property for street right of way ive (5) y construction, opera- nd drainage purposes for the installation, ion, maintenance, repair and replacement of street surfaces, shoulders, utility conduits, sewer and water urbs, sidewalks, fines and drainage structures, as well as all structures inci- ental thereto. -1- easel nigh' and c nece spec take cedu in t of 5 in E pos any rl ZE as < desc Cou: in upo: the Cit rea of a n Cit prc 5. That the acquisitiostreettrightsoofsway a dpdrainage ant for the subject street, under and across, all and each s of way upon, through, over, very part thereof, is necessary to the public use and itmore sary that all and each and every part of said property, fically described in Exhibits A and B be so acquired and pursuant to the authority in California Code of Civil Pro- e §1240.410. 6. That the real property referred to hereinabove its resolution is sialifoania,tandCmore particularlyadescribed in Diego, State of C reference. ~hibits A and B, which are incorporated by 7. That the City Manager be, and he is hereby authorized, aered and directed to acquire said real property for the pur- set forth above and to lay out, edonation orepurchase orpair property or properties acquired by ent domain for the public purposes set forth herein. 8. That the City Attorney be, and he is, hereby autho- d and empowered to prepare and prosecute each suit or suits re necessary to condemn, take and acquire said real property xibed in Exhibits A and B and to make an application to the 't for an order fixing the amount or amounts of such security :he way of money depositis as said Court royeatreor anybpartde ~ the taking of possession of said real p P y -eof, and to make application for anossessionrandtuse ofesaid ~ of Chula Vista to take immediate p L property, or any part or parts thereotheaCourt andeinesucht ;uch security in such amounts fixed by anner as the Court may direct, and to incur oneXeense in the y of Chula Vista all reasonable and necessary P secution of a suit or suits to condemn said real property. Pr sented and Approved as to form by _, .; ~": - urge D. Lindberg, City At -2- i3 CHULA VI 197 8 AYES NAYES~ ABSTAIN: ABSENT: ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF STA, CALIFORNIA, this 14th day of December by the following vote, to-wit: Councilmen Cox E dahl H de Gillow Scott Councilmen None Councilmen None Councilmen None .On ATTEST /~, Mayor of the City of Chula V --1 ~~` City Clerk STATE F CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 1, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HER BY CERTIFY that the above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. DATED e City Clerk (seal ) CC-6~0 i i ------, p4vner: Marina Mofe/ ~ Tax Par. Na. ~ 567-0/D - /B N /~ M TE,t'1POQA2Y Au~NaENr- _~ __.r Oj ,1 ~~~~T 1 / ., ' 1 I /i// ' I I 1 ~ 1 I ' i ' I I ' I ' 1 I I I 1 - ~.J I I 1 I i I i PJ~ ! I 1 I r ~I 1 ti l 1 ~ u ~ 1 ~` 2 I I VI .. I 0 Q 1 1 ~ 1 Q ti I V~ ~ I I ~ ~ I ~ 4.Q ~ STREE T 0 1p=2oo' ~` P -J ~ ~~ ------~ o 1 `~ `~ I~ 1 I ~ i ` 1 ~~ t ~ ,~~- 1 ~ 1 `+ ~ -. 1 1 .1 1 ~ i 1 i i 1 1 1 t N~ r ~~ .` 1 ~ I ~`\ 1 1 i ~~ j i ~ 1 ~~ 1 ~ << 1 ~~ ~ I 1 • ~ ;~ ~ ~ .-; •. ,` ~ STREET i i ~' ~ 1 ~, 1 i ~ 1 ; ~ I 1 ~! 1 ~ 1 f ~ 1 1 1 ~1 ` 1 1 1 ~ I 1 I 1 1 i 1 i 1 ,~3 EY,HIBIT Half u~p of S scri erly 172, Sout to t cont the Sout a di 173. left ang7 gent rad~ th r< Sou. S31C is A strip of land, SO feet in width, lying ~,~ithin the Southerly of Quarter Section 172 of Rancho de la Nacion according to recorded '' r h0. 1C6 021 f11e in ti.2 vffl~.~ Of. til? COililCy P.t~COLdE:r, COUnty In Diego, State of. California, the centerline of said strip beinei de- ~ed as follows: Begir~ninq at the center of said Quarter Section 172, thence L~'est- along the Nortierly line of said Southerrly Half of. Quarter Section being the cer.terli.re of "F" Street a distance of. 50 feet; thence herly, at right angles to said :~'ortY:erly line a distance of 40 feet he Southerlt~ line of "F" Stree} and the TRUE POIr:T OF BFCINNING; thence inuing Southerly, at right angles~~to said Northerly line, 52.72 feet to beginr.ina of a tancrent 580 foot rac:ius curve to the right; thence her_ly, along tho arc of said curve. through a central angle of 47°25', star_ce or x80.16 feet; thence South~,resterl~~, tangent to said curve, 60 feet to the beginning of a tangent 200 foot radius curve to the thence Southerly, along tre arc of. said curve, through a central. e of 81°15'30", a distance of 2P3.65 feet; thence Southeasterly, tan- to said curve, 108.47 root to the reairni_ng of a tar_csent 200 Toot us curve to the right; thence Southerly, along the arc of said curve, ugh a central ar_gle cf. 36°04', a c'istanco of. 125.90 feet; thence herly, tangent to said curve, 209.E9 feet to the Southerly line o.f Quarter Section 172 and the centerline of "G" Street; Exceoti.nq theref~-o*n that oortion lyira Southerly of a line that rallel ~ti•ith and 340 feet Southerly of the centerline of "F" Street. y/,3