HomeMy WebLinkAboutReso 1979-9753,.,
Revised 8-30-79
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RESOLUTION NO. 9753
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CONSENTING TO THE ACQUISITION OF AN APPURTENANT
EASEMENT IN PROPERTY AT VILLA SAN P4IGUEL BY D'IEANS OF
EMINENT DOPZAIN
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The City Council of the City of Chula Vista does hereby
re olve as follows:
WHEREAS, L & M Professional Consultants, Inc. (herein-
er "L & M") is engaged in the development and construction of
esidential subdivision in the City of Chula Vista, State of
ifornia, more commonly known as Villa San r4iguel, Chula Vista
ct 79-15, and
WHEREAS, there presently exists no sewer hookup capable
servicing said tract, and
is in
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WHEREAS, the development and construction of said tract
the public interest, and for the benefit of the City of
Vista, and
WHEREAS, said tract cannot be developed for human habi-
ta ion without the provision of adequate sanitation facilities,
an
WHEREAS, the public interest, and good sanitation and
en ineering practices make the use of septic systems or other
al ernatives to the connection of this tract with the sewer
sy tem of the City of Chula Vista at this location neither
de irable nor feasible, and
WHEREAS, the public interest, and good sanitation and
en ineering practices require that said tract obtain adequate
ac ess to the sewer system of the City of Chula Vista, and
WHEREAS, the public interest requires the provision of
ad quate drainage facilities to insure that runoff will not
ac umulate on adjacent parcels, but rather can be adequately
ch nneled into the storm drains of the City of Chula Vista, and
WHEREAS, the City has studied various alternatives
fo the provision of sewer and drainage for said property, and
WHEREAS, the most feasible path for a sewer hookup and
dr inage is found to run from the northerly corner of said project,
in a generally northerly direction to Bonita Glen Drive, as
sh wn on the plat map attached hereto as Exhibit "A" and as further
de cribed in the attached legal description, Exhibit "B", and
WHEREAS, said proposed easement traverses a portion of
Lo 1, Sunny Vista Map No. 2207, which land is held in fee title,
ac ording to the latest equalized assessment role, by Mr. Frank
Fe reira and Milgen Investment Company, and
WHEREAS, L & M possesses the right to acquire said
ea ement by the use of the power of eminent domain, pursuant to
Di it Code Section 1001 and Sections 1245.310, et seq. of the
Co e of Civil Procedure, provided that the City of Chula Vista
co sent to said acquisition as required by Sections 1245.330,
12 5.340, 1245.350 and 1245.360 of the Code of Civil Procedure,
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WHEREAS, L & T2 has requested the City of Chula Vista to
au horize the commencement of proceedings in the eminent domain
fo the acquisition of said easement, and
WHEREAS, there is a great necessity for the acquisition
of said easement in that without the acquisition of said easement
Vi la San Miguel will lack connection to the sewer system of the
Ci y of Chula Vista, creating a public health and sanitation
ha and and rendering completion of said tract for the use and
enjoyment of the citizens of the City of Chula Vista impossible,
WHEREAS, there is also a great necessity for the taking
of said easement in that the drainage portion of said easement is
ne essary for the protection of adjacent landowners from erosion,
ru off, flooding, inundation, and attendant sanitation problems,
WHEREAS, the configuration and location of said easement
as shown on Exhibits "A" and "B" affords the most reasonable ser-
vi e to the property to which it is appurtenant, consistent with
th least damage to the burdened property because said easement
is located in such a fashion to correspond with the proposed
al'gnment of the driveway to be used for the development of the
su ject property by the owner and, therefore, will provide easy
ac ess for maintenance and will have the least interference with
th use of the property and can be developed in such a manner so
as to assure adequate flowage and proper hydraulic entry to the
se er and storm drain systems of the City of Chula Vista and will,
th refore, achieve the necessary public purpose intended and con-
st'tute the most minimal and reasonable degree of interference
wi h the use and enjoyment of the burdened property, and
WHEREAS, the hardship to the owner of the appurtenant
pr perty, if the taking is not permitted, will be substantial, in
th t the investment in the development of Villa San Miguel will
be seriously impaired or lost and the hardship to the owner of
th burdened property is minimal, in that the easement is located
in such a fashion as to minimize interference with the reasonable
us and enjoyment of the burdened property and the hardship to
th owner of the appurtenant property, if the taking is not
pe mitted, clearly outweighs any hardship to the owner of the
bu dened property, and
WHEREAS, the property described in the resolution is
ne essary for the proposed projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
th City of Chula Vista does hereby consent to the acquisition
of the above-described easement by L & M by the institution of
pr ceedings in eminent domain and this resolution is intended to
co ply with Section 1245.330 of the Code of Civil Procedure.
Pr~sented and Approved as to form by
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA
197
VISTA, CALIFORNIA, this 4th day of- september
by the following vote, to-wit:
AYES
NAYES
ABSTA N:
ABSEN
ATT
STATE
CITY
DO
DATED
Councilmen Scott, Gillow, Cox, Hyde, McCandliss
Councilmen None
Councilmen None
Councilmen None
City
)F CALIFORNIA
OF SAN DIEGO ) s s .
CHULA VISTA
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Mayor of the City of Chub Vista
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
.BY CERTIFY that the above and foregoing is a full, true and correct copy of
(seal)
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,and that the same has not been amended or repealed.
City Clerk
CC-660
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EXHIBIT
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DEED i1/. 7/°D/'09"E: /9~ /4'
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SOUTHl~1~ESTERL
L /NE OF BON/ TA
GLEN DR/VE
F/P NO. //7592
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rSAN/T,4RY
SEWER
EASEMENT
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STORT~I LRAIN AND SANITARY SEWER EASEMENT
EXHIBIT
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A strip of land 10 feet wide lying within the. property described
in the deed to Frank E. Ferreira recorded October 27, 1866, as
File/Page No. 171874 and lying Southerly of the Southwesterly line
of Bonita Glen Drive as described in the deed to the City of Chula
Vista recorded August 26, 1868, as File/Page No. 117582, being
more particularly described as follows:
The Northerly 10..00 feet of the Southerly 30.00 feet of the Westerly
183.96=: feet together with the Easterly 10.00 feet of the Westerly
_183:96 feet, excepting the Southerly 20.00 feet thereof.
Guy W. Winton
-August 30,1979--
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A-801
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