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HomeMy WebLinkAboutReso 1977-8561 RESOLUTION NO. 8561 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF THE ACQUISITIOPJ OF PROPERTY OWNED BY OLLIN D. AND AUGUSTINE LEE, SR., OLLIN D. AND JUDY L. LEE, JR., AND BOYD H. AND PATRICIA N. DOWLER FOR THE TELEGRAPH CANYON ROAD RIGHT OF WAY REALIGN- MENT AND AUTHORIZING THE COPRMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY The City Council of the City of Chula Vista does hereby resolve as follows: 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 realignment of Telegraph Canyon Road; to-wit: the grading and emplacement of a street right of way, curb, gutter, sidewalk and associated drainage structures upon, through, over, under and across the real property more particularly described in Exhibit "A", 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 greatest public good and the least private injury. 4. That the public interest and necessity require the acquisition and taking of certain real property f_or street right of way and drainage purposes for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, sewer and water lines and drainage structures, as well as all structures incidental thereto. 5. That the acquisition and taking of the subject street, street right of way and drainage right 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 Exhibit "A" above be so acquired and taken pursuant to the authority in California Code of Civil Procedure §1240.410. 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 Exhibit "A", which is incorporated by reference. -1- Note: Page Two corrected 11/21/77 but not recorded 7. Ti1at 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 of eminent domain for the public purposes set forth herein. 8. That the City Attorney be, and he is, hereby authorized and empowered to prepare and prosecute each suit or suits as are necessary to condemn, take and acquire said real property described in Exhibit "A" and to make an application to the Court for an order fixing the amount or amounts of such security in the way of money deposits 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. 9. That the City Attorney is further authorized, at his discretion, to delegate the authority to acquire said property referred to in Exhibit "A" to an attorney retained by El Rancho del Rey. Said attorney shall be further authorized to file suit in a court of competent jurisdiction in the name of the City of Chula Vista for all purposes contained in this resolution. 10. That the statements of public necessity and purpose, set forth in Paragraphs 1 through 5 above, are hereby supported by the information contained in Exhibit "B", attached hereto and incor- porated herein by reference as if set forth fully. Presented and Approved as to Form by /~ ~~ ~~ ~ i~- .~~ George D. Lindberg, City Att ney - 2 - ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 29th day of March 197 ~ , by the following vote, to-wit: AYES Councilmen Hobel, Hyde, Cox, Scott, Egdahl NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ayor of the City o Chula Vista ATTES City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of DATED (seal ) ,and that the same has not been amended or repealed. City Clerk EXHIBIT "A" Assessor's Parcel No. 640-070-13, owned by Ollin Lee, Sr.: Parcel A: The Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Quarter Section 68 of Rancho de la Nacion, in the City of Chula Vista, in the County of San Diego, State of Calif- ornia, according to Map thereof No. 166 by Morrill, filed in the Office of County Recorder of San Diego County, May 11, 1869. EXCEPTING THEREFROM4 the Southerly 208.71 feet of the P~esterly 208.71 feet. ALSO EXCEPTING THEREFROM the Southerly 179.29 feet. Assessor's Parcel No. 640-070-14, owned by Ollin Lee, Jr.: Parcel B: The Southerly 179.29 feet (excepting the jaesterly 208.71 feet) of the Southeast Quarter of the Northwest Quarter of the North- west Quarter of Quarter Section 68 of Rancho de 1a Nacion, in the County of San Diego, State of California, according to Map thereof No. 166 filed in the office of County Recorder of San Diego County, May 11, 1869. t ,._- EXHIBIT "B" 1. Public interest and necessity requires the realignment of Telegraph Canyon Road to meet present day design and safety standards for the traffic capacity of the road and the speeds traveled by motorists. Said road is a major arterial route identified on the r!Iunicipal General Plan and is one of two roads serving the Southwestern College area. 2. The design of the road is such as to minimize the acquisition of developed real property. The drainage structure associated with the project is incorporated into the project next to the proposed street realignment as to minimize the ~•aidth of right of way necessary for public purposes. Further, the selected route is as straight as practical considering the topography in the area as to maximize sight distance and minimize dangerous curves. There will be minimal grading required of private property due to the design and location of the proposed re- ' alignment. 3. Said improvements of the existing Telegraph Canyon Road right of way are necessary to serve a growing population in the Southwestern College and El Rancho del Rey areas. The drainage facilities associated with the street realignment are necessary to prevent unnecessary flooding of private property along Telegraph Canyon Road, as well as to absorb the increased runoff created by the paving of streets and other impervious surfaces in residential subdivisions in the drainage basin. ~ ~. h (~;:cw ~ at G1 ~1 t~ ~1~: ~eiinic i ~ ~~„~'^, Cit-Y CCerk ~. ~. ~~ ~ : h~~~ i('~,i;Ya ~`T.~ t, ~:~:' :~~r.:~;a 9212 .~'"(~`: { ., !j 1 ..f 931 ___ RESOLUTION NO. 8561 '~'"J-3~~339 FILE/P BOOK~19T7 M R6CORDE4 REQUEST i~F eoT~r. c~.~~~ _~ Auc 15 I ~ oz AM ' ~ ~~ u~F~c~at RECO~as SAN iJ4Ea0 CO!JNT1', 'b~IF. RESOLUTION OF THE CITY COUNCIL OF THE CI7~'~`r~F~p~~~M CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NO FEE NECESSITY OF THE ACQUISITIOPd OF PROPERTY O~~TNED BY OLLIN D. AND AUGUSTINE LEE, SR., OLLIN D. AND JUDY L. LEE, JR., AND BOYD H. AND PATRICIA N. DOWLER FOR THE TELEGRAPH CANYON ROAD RIGHT OF WAY REALIGN- MENT AND AUTHORIZING THE COP'LMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City~of Chula Vista: i 1. That the-City Council of the City of Chula Vista finds acid determines and thereby declares that the public interest and necessity require the realignment of Telegraph Canyon Road; to-wit: the grading and emplacement of a street right of way, curb, gutter, sidewalk and associated drainage structures upon, through, over, under and across the real property more particularly described in Exhibit "A", 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 X37350.5, more specifically California Streets and Highways Code X4090 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 greatest public good and the least private injury. 4. That the public interest and necessity require the acquisition and taking of certain real property for street right of way and drainage purposes for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, sewer and water lines and drainage structures, as well as all structures incidental thereto. 5. That the acquisition and taking of the subject street, street right of way and drainage right 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 Exhibit "A" above be so acquired and taken pursuant to the authority in Caliornia Code of Civil Procedure 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 Exhibit "A", which is incorporated by reference. -1- Note: Page Two corrected. 11/21/77 but not recorded 7. Tllat 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 of eminent domain for the public purposes set forth herein. 8. That the City Attorney be, and he is, hereby authorized and empowered to prepare and prosecute each suit or suits as are necessary to condemn, take and acquire said real property described in Exhibit "A" and to make an application to the Court for an order fixing the amount or amounts of such security in the way of money deposits 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. 9. That the City Attorney is further authorized, at his discretion, to delegate the authority to acquire said property referred to in Exhibit "A" to an attorney retained by El Rancho del Rey. Said attorney shall be further authorized to file suit in a court of competent jurisdiction in the name of the City of Chula Vista for all purposes contained in this resolution. 10. That the statements of public necessity and purpose, set forth in Paragraphs 1 through 5 above, are hereby supported by the information contained in Exhibit "B", attached hereto and incor- porated herein by reference as if set forth fully. Presented and Approved as to Form by ~~,~~ ~ George D. Lindberg, City Atto ney - 2 - 932 That the City Manager be, and he is, hereby authoriz~fl, empowe ed and directed to acquire said real property for t~~ purposes set for above and to lay out, excavate, operate and repair any property properties acquired by donation or purchase or eminent domain for e public purposes set forth herein. 8. That t City Attorney be, and he is, hereby authorized and empowered to repare and prosecute each s~zt or suits as are necessary to Conde , take and acquire said `real property described in Exhibit "A" and t~ make an applicatior~'to the Court for an order fixing the amount or .ounts of such security in the way of money deposits as said Court direct to b~e made upon the taking of possession of said real p erty or:any part thereof, and to make application for an order pe fitting the City of Chula Vista to take immediate possession and se of said real property, or any part or parts thereof, and to ma e deposit of such security in such amounts fixed by the Court an~in such a manner as the Court may direct, and to incur on, behalf d~ the City of Chula Vista all reasonable and necessary expense in t~ prosecution of a suit or suits to condemn said rgal property. ~~ 9. That the statements of public nece'9s~ity and purpose, set forth in Paragre:•`phs 1 through 5 above, arse hereby supported by the information cgx]tained in Exhibit "B", atta"'ied hereto and in- corporated herei~r~by reference as if set forth fly. Presented and,`~pproved as to Form by .~H' l ,~ George Lindberg, City Atto e.~`~"~ ~~ ~~ -2- r 933 EXHIBIT "A" Assessor's Parcel No. 640-070-13, owned by Ollin Lee, Sr.: Parcel A: The Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Quarter Section 68 of Rancho de la Nacion, in the City of Chula Vista, in the County of San Diego, State of Calif- ornia, according to Map thereof No. 166 by Morrill, filed in the Office of County Recorder of San Diego County, May 11, 1869. EXCEPTING THEREFROM the Southerly 208.71 feet of the Westerly 208.71 feet. ALSO EXCEPTING THEREFROM the Southerly 179.29 feet. Assessor's Parcel No. 640-070-14, owned by Ollin Lee, Jr.: Parcel B: The Southerly 179.29 feet (excepting the Westerly 208.71 feet) of the Southeast Quarter of the Northwest Quarter of the North- west Quarter of Quarter Section 68 of Rancho de 1a Nacion, in the County of San Diego, State of California, according to Map thereof No. 166 filed in the office of County Recorder of San Diego County, May 11, 1869. 93~~ EXHIBIT "B" 1. Public interest and necessity requires the realignment of Telegraph Canyon Road to meet present day design and safety standards for the traffic capacity of the road and the speeds traveled by motorists. Said road is a major arterial route identified on the municipal General Plan and is one of two roads serving the Southwestern College area. 2. The design of the road is such as to minimize the acquisition of developed real property. The drainage structure associated with the project is incorporated into the project next to the proposed street realignment as to minimize the width of right of way necessary for public purposes. Further, the selected route is as straight as practical considering the topography in the area as to maximize sight distance and minimize dangerous curves. There will be minimal grading required of private property due to the design and location of the proposed re- alignment. 3. Said improvements of the existing Telegraph Canyon Road right of way are necessary to serve a growing population in the Southwestern College and E1 Rancho del Rey areas. The drainage facilities associated with the street realignment are necessary to prevent unnecessary flooding of private property along Telegraph Canyon Road, as well as to absorb the increased runoff created by the paving of streets and other impervious surfaces in residential subdivisions in the drainage basin. 935 ~ . ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 29th day of March 197 ~ by the following vote, to-wit: AYES Councilmen Hobel, Hyde, Cox, Scott, Egdahl NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None 'Mayor of 'the ATTEST City Clerk STATE OF CALIFOr~NIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) o Chula Vista I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREB CERTIFY that the above and foregoing is a full, true and correct copy of .`fin ~ ,and that the same has not been amended or repealed. DATED ~~2~1' `~ (seal) City Cle CC-660