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HomeMy WebLinkAboutAgenda Statement 1978/12/14 Item 02~- ~~ ~.~ OFFICE OF THE CITY ATTORNEY November 28, 1978 Messrs. Leo Dia and Charles Gelardi and Ms. Nina Mirabile c/o Marina Motor Motel 645 Third Avenue San Diego, CA. 92101 Gentlemen: The attached Notice informs you of a hearing before the City Council on Thursday, December 14, 1978, at 4:00 p.m. in the Council Conference Room located at 276 Fourth Avenue, Chula Vista, California to determine whether or not your property or portion thereof should be acquired by the City through eminent domain. If the City determines to acquire the property, we will of course have to compensate you for it at fair market value. This hearing, however, will be your only opportunity to appear and contest, if you wish to do so, the necessity of your property being put to public use. As I have stated in the Notice, I would, therefore, urge you to respond if you wish to speak to the issue before the City Council at the above advertised date. Very truly.~-qu~s, // r George D. Lindberg City Attorney GDL:lgk Enc. .,, ~~ r I~ 6g1 f -i Cct~ o~ ~I~uQa ~U~sfa CALIFORNIA ~" /~ 2?( Foi2rth :1~~Pnu:. Chula Vista, CA 42010 ~~141 575-5037 NOTICE OF CONSIDERATION OF ACQUISITION OF VARIOUS PROPERTY(S) THROUGH EMINENT DOMAIN YOU ARE HEREBY ADVISED that the City Council of the City of Chula Vista, on Thursday, December 14, 1978, at 4;00 p.m., shall hold a hearing to determine whether to adopt a Resolution attached hereto as Exhibit "A", or a resolution stating in greater detail the materials set forth in Exhibit "A". Exhibit "A" is a Resolution of Intent to Acquire Property through Eminent Domain. Upon adoption of the Resolution, the City Council of the City of Chula Vista has the right to proceed in a court of competent jurisdiction to acquire the property (s) described in the document. Your property is a pro- perty described in the Resolution. You have the right under California law to appear at the hearing scheduled at the time set forth above and offer testimony as to: (A) whether. or not the public interest and necessity requires the acqui- sition of your property for the particular project contemplated; (B) whether that project is planned and located in a manner which will be most compatible with the most public good and the least private injury, and {C) whether the property considered for acquisition by the City is necessary for the project. The City Council of the City of Chula Vista will not provide an opportunity for you to appear and to speak concerning the matters above unless you, or your representative, file within fifteen {15) days of the date of this notice, a request to appear and speak to the issues set forth above. Unless evidence is presented which advises not going forward with the acquisition of property (s) for the project described in the attached Resolution, the City Council of the City of Chula Vista will adopt the Resolution of Intent to Condemn attached, or a resolution similar to that attached. If you wish to appear and comment on this matter, you are hereby urged to file a written notice with the City Clerk's Office request- ing an opportunity to speak on the issues or to have a personal rep- resentative of yours speak. DATED; November 28, 1978 / j/ ~ ~~'~ ~~~f~ ~~'':~ ~ r v~ George D. Lindberg, City Attorney 9y~,~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF THE ACQUISTION OF PROPERTY OWNED BY MARINA MOTEL, A CALIFORNIA CORPORATION, FOR A TEMPORARY EASEMENT FOR TIDELANDS AVENUE A27D AUTHORIZING THE CODIMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID TEMPORARY RIGHT OF WAY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has heretofore on October 18, 1968 entered into an agreement for a grant of easement for street purposes for the property more specifically described in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, said easement was to accommodate the temporary alignment of Tidelands Avenue in the Chula Vista Bayfront for a period of ten years, and WHEREAS, the City of Chula Vista has not been able to secure approval of a local coastal program from the California Coastal Commission establishing a permanent Tidelands Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista: 1. That the City Council of the City of Chula Vista finds and determines and thereby declares that the public interest and necessity require the acquisition of a temporary easement for a period of five (5) years for the installation and maintenance of grading and emplacement of street right of way, curb, gutter, sidewalk and associated drainage structures upon, through, over, under and across the real property more particularly described in Exhibits A and B, attached hereto and incorporated by reference. 2. That 'the City Council of the City of Chula Vista has authority to acquire by eminent domain any property necessary to carry out any of its powers or functions pursuant to California Government Code §37350.5, more specifically California Streets and Highways Code §4090 authorizes the acquisition by condemnation of any property whenever the public interest or convenience may require it. 3. That the subject property is necessary for the pro- posed project and that such public improvement is planned and located in a manner which will be most compatible with the great- est public good and the least private injury. 4. That the public interest and necessity require the acquisition and taking of a temporary easement for a period of five (5) years of certain real property for street right of way and drainage purposes for the installation, construction, opera- tion, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, sewer and water lines and drainage structures, as well as all structures inci- dential thereto. -1- i - ,, ~~ 9y~,~ 5. That the acquisition and taking of said temporary easement for the subject street, street rights of way and drainage rights of way upon, through, over, under and across, all and each and every part thereof, is necessary to the public use and it is necessary that all and each and every part of said property, more specifically described in Exhibits A and B be so acquired and taken pursuant to the authority in California Code of Civil Pro- cedure X1240.410. 6. That the real property referred to hereinabove in this resolution is situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described in Exhibits A and B, which are incorporated by reference. 7. That the City Manager be, and he is hereby authorized, empowered and directed to acquire said real property for the pur- poses set forth above and to lay out, excavate, operate and repair any property or properties acquired by donation or purchase or eminent domain for the public purposes set forth herein. 8. That the City Attorney be, and he is, hereby autho- rized and empowered to prepare and prosecute each suit or suits as are necessary to condemn, take and acquire said real property described in Exhibits A and B and to make an application to the Court for an order fixing the amount or amounts of such security in the way of money depositis as said Court may direct to be made upon the taking of possession of said real property or any part thereof, and to make application for an order permitting the City of Chula Vista to take immediate possession and use of said real property, or any part or parts thereof, and to make deposit of such security in such amounts fixed by the Court and in such a manner as the Court may direct, and to incur on behalf of the City of Chula Vista all reasonable and necessary expense in the prosecution of a suit or suits to condemn said real property. Presented and Approved as to form by George D. Lindberg, City Attorney 9'~!/„~ I I Dtvi~er: Marina Mofe/ Tax Par No.: 567-0/0 - /B ' TE,i1PO,rtA,ey AL /GNMENT - -= r ~ ~vVJ --------~ --- ~ ~ 0 ~ ~ ~ ~ ' ~ ~. ~ ~ i ~ ~ ~ ~ ~~ ~~ ~ ~ __ I ~~ `~- ~ ~-~_ 1 I .~ 1 ~ 1 1 i 1 1 1 1 1 1 ....T......1......... __........ J, J~ ~ ~~ , ~ I ~`\ I ~ I ~ ~ ~\ ~ ~~ ~~ ~ ~~ 1 I I I I 1 7 I I 1 1 1 `\ STREE ~ y -Zoo •i~ ~t' y "G" STREET i'~~~~ A strip of land, SO feet in width, lying ~,~ithin the Soutiler].y Half of Quarter Section 172 of Rancho de la t~Tacion according to recorded L'r::O.~ f ' ~ r.cr • ~ r ~ n ~ ~~'-_% :1 '~ r IV'O. 1VE 021 11e iri ~_he v~.il~.._ C tiles CGl1i1Cy ~.ZCOLC,E:r, COUnty of San Diego, State of_ California, the centerline of said strip being de- scribed as folloTas Beginning at tl:e center o~ said Quarter Section 172, thence L~'est- erly, along the Northerly line of said Southerrly Half of. Quarter Section 172, being the cer.terl~.r.e of "F" Street a c',istance of SO feet; thence Southerly, at right angles to said ~:ortherly line a distance of 40 feet to the Southerl~~ line of "F" Street and the TRUE POINT OF BFGINLIING; thence continuing Southerly, at right anales~to said Northerly line, 52.72 feet to the beginr.ina of a tangent 5P0 foot radius curve to the right; thence Souther_1y, along tha arc e~' said curve, throuc?1^. a central angle of 47°25', a distance of 480.16 feet; thence Southl~resterl~~, tangent to said curve, 173.50 feet to the beginning of a tangent 200 foot radius curve to the left; thence Southerly, alang tre arc. of. sai!? curve, through a ce*ltrzl angle of 81°15'30", a distance of 2p3.E5 feet; thence Southeasterly, tz.n- gent to said curve, 108.47 Leet to the heair.ning of a tar_crent 200 foot radius curve to the right; thence Southerly, along the arc of said curve, throu~~r. a central angle ef. 36°04', a c'_istanco of. 125.90 feet; thence Southerly, tangent to said curve, 209.89 feet to the Southerly line of laic Quarter Section 172 and the centerline of "G" Street; Exceptir_g therefrom that portion l_yirg Southerly of a line that _is parallel with and 340 feet Southerly of the centerline~of "F" Street. ,,. ,.:, :..,.~.h~~., ,~".. ~+'y+ro,4;n;:' rii}~. . ~"~v~3 - ,.-.as.er c....; ... r,' Sfa,!".a~b :.. r ..-~,_' 7 ~ ,. r a:,. ~.~~`%:'"J..: ~.t,.y n.:?y ,~~: y, 9 y/~3