HomeMy WebLinkAboutAgenda Statement 1977/03/29 Item 08CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
ITEM NO
8
FOR MEETING OF: 3/29/77
ITEM TITLE: RESOLUTION 8561: DETERMINING & DECLARING PUBLIC NECESSITY OF
ACQUISITION OF PROPERTY - TELEGRAPH CANYON ROAD RIGHT OF WAY
REALIGNMENT
SUBMITTED BY~ City Attorney
ITEM EXPLANATION
The City Attorney's Office, on December 17, 1976,
Council that it appeared it would be necessary to
property along the proposed Telegraph Canyon Road
eminent domain. As is indicated by the attached
of Messrs. Ollin Lee, Sr. and Ollin Lee, Jr., lie
realignment and are slated for development in the
indicated to the City
go forward and acquire
realignment through
nemo, the properties
within the proposed
near future.
The attached Resolution of Intent to Condemn authorizes the City Attorney's
Office and the City Manager to go forward and acquire the property involved.
The appraiser for the project has tentatively indicated values for the
two parcels to be $22,000 and $8,700 respectively. Following the adoption
of the attached resolution, the City has six months in which to commence
a legal action. Your approval of this resolution will authorize the
Attorney's Office to commence such legal action.
The Director of Public Works will offer a brief oral report, giving
you a factual basis upon which you may adopt the proposed findings
attached to the resolution.
f \/1 II P'11TP'~ ATTA/~1 If'~r1
CJIr'11[SI I J H1 IHl/I'IGU
Agreement Resolution X Ordinance Plat Other X (Memo)
Environmental Document: Attached Submitted on
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/ COMMISSION RECOMMENDATION
A P P R O V E D
by she
l1 i
COUNCIL ACTtON~
Chula Vi~~., :, .._._.~.-~~_.L~.
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City o~ C~lu.Qa ~Uista
CALIFORNU
OFFICE OF THE
CITY ATTORNEY
December 17, 1976
T0: The Honorable Mayor and City Council of the City
of Chula Vista, Lane F. Cole, City Manager
FROM: Craig K. Beam, Assistant City Attorney
SIIBJECT: City Attorney's Report on Acquisition of Private
Property for Right-of-Way Purposes Along the
Northern Portion of Telegraph Canyon Road, East
of I-805
The City Council recently, in their consideration of the tentative
map of E1 Rancho del Rey Unit 5 Subdivision, mandated certain
--offsite improvements be constructed by the subdivider along Tele-
graph Canyon Road. The location of those improvements, as shown
an the s~sbdivision map and documents, effectively fixes the location
of Telegraph Canyon Road in its realigned state. _ -
Adjacent to the offsite improvements to be constructed by the
Gersten Companies, two landowners, Mr. Olin Lee Sr., and Mr. Olin
Lee, Jr., have been proceeding with development plans to construct
two single-family residences. They wish to construct on land to
the east of the offsite improvements to be emplaced in conjunction
.with E1 Rancho del Rey Unit 5, and north of Telegraph Canyon Road.
The proposed plans of Messrs. Lee are in conflict with the right-
of-way for Telegraph Canyon Road in its improved condition, as
contemplated by the Engineering Department and as shown on the
recently approved tentative subdivision map for El Rancho del Rey
Unit 5. '
X76 Fourcch A•eroue, Chula Vista, CA 92010 (714) 427-3300
December 17, 1976
Page Two
The Lees have received all entitlements necessary to commence
construction, but building permits. The issuance of building
permits to allow them to construct is, at this point, a ministerial
act. The Lees have been informed by staff, however, that it is
staff's opinion that the City will go forward and acquire portions
of their land in conjunction with the realignment and improvement
of Telegraph Canyon Road. This course of action is strongly
suggested for the following reasons.
First, the City may not pcstpone indefinitely a decision regarding
Messrs. Lee's request to develop. Secondly, if Messrs. Lee
develop and Telegraph Canyon Road is later emplaced in the area
currently contemplated, the City will have to pay for not only
:'.>the raw land but the improvements emplaced upon the raw land.
It is the considered opinion of the City Attorney's Office and
the Engineering Department that the least amount of funds will
be expended to improve Telegraph Canyon Road in this vicinity
by acquisition at this time of portions of .the property owned
by the Lees.
This report is forwarded to the City Council for the stated
purpose of informing the City Council that an appraiser has
been hired and the staff generally is going forward with their
plans to seek Council's formal approval of acquisition of portions
of the property owned by the Lees. At such time as we have an
appraisal and the requisite environmental documents, the City
Attorney`s Office will ask the City Council to adopt a resolution
of intent to condemn. Additionally, the Council will have to
consider the budgetary problem posed by this acquisition since
funds are not currently allocated to pay for the acquisition.
In summary, it is suggested that the Council be aware of the
activities of the City Attorney's Office and the Public Works
Department. It is, again, our opinion that the public interest
is best served by expending the least funds for acquisition of
right-of-way by making a prompt acquisition of property which
is currently about to be developed.
--Respectfully submitted,
Craig K. B m
Assistant City Attorney
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