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Home My WebLink AboutReso 1977-8576corrected 4/19/77 RESOLUTION NO. 8576 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING TfiE PUBLIC NECESSITY OF THE ACQUISITION OF P ROPERTY OWNED BY UNITED ENTERPRISES, INC., FOR THE TELEGRAPH CANYON ROAD RIGHT OF WAY REALIGNMENT AND AUTHOR- IZING THE COMMENCEMENT OF CONDE~4NATION 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 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 California Code of Civil Procedure §1240.410. 6. That the real property referred to hereinabove in this resolution is situated in the County of San Diego, State of California and more particularly described in Exhibit "A", which is incorporated by reference. -1- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of April 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 City bf Chula ATTEST City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . 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) CC-660 ,and that the same has not been amended or repealed. City Clerk f ~ 7. That said real property, referred to in Exhibit "A", shall be acquired by Pacific Scene, Inc., acting in the name of the City of Chula Vista in satisfaction of a condition imposed upon the subdivision known as E1 Rancho del Rey Unit No. 4, pursuant to City Council Resolution No. 8304. 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 Pacific Scene, Inc. 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. Presented and Approved as to Form by Georg D. Lindberg, City At ney -2- ~'. i' • CRAIG, BULTHUIS & NOTHOMB ', ~. James W. Craig R.C.E. 9136 Raymond J. Bulthuis R.C.E. 13745 Civil Engineering • Land Surveying • Land Planning William R. Nothomb L.S. 2813 2611 Adams Ave. • San Diego, California 92116 W . Q . # 1414 297-3974 January 7, 1977 Legal Description for Street Dedication - A Portion of Telegraph Canyon Road, for Fl Rancho Del Rey Unit #4 PARCEL A All that portion of the Easterly One Half of Quarter Section 37 of Rancho De La Nacion in the County of San Diego, State of California, according to Map t:~lereof No. 166 filed in the office of the County Recorder of San Diego County, on May 11 1869, described as follows: Beginning at the intersection of Buena Vista Way, with the Northerly line of Telegraph Canyon Road delineated on E1 Rancho Del Rey Unit No. 1, according to Map thereof No. 7396, filed in the office of the County Recorder of San Diego County August 9, 1972, being also a point on the arc of that 2030.00 foot radius curve concave Southeasterly in the Northwesterly boundary of County Road Survey ado. 1086-65, as described in Parcel 66141-A in deed to the County of San Diego, recorded April 18, 1967 as File No. 53304; thence South 42°56'49" East radial to said curve 60.00 feet to the Southerly boundary of said Road Survey No. 1086-G5, being the TRUE POINT OF BEGINNING; thence along the Southerly boundary of said Road Survey and along the arc of a 1970.00 foot radius curve concave Southeasterly through a central angle of 3°40'53" a distance of 126.58 feet; thence continuing along said Southerly boundary, and tangent to said curve, North 50°44' 04" East (Record North~50°20'30" East)-, a distance of 349.86 feet; thence South 47°57'34" West a distance of 475.69 feet to an inter- section with the aforementioned radial line; thence North 42° 56'49" West along said radial line a distance of 19.00 feet to the TRUE POINT OF BEGINNING. ~i :~ f I ' i` Er:~gt<:f-li,ri~- "~~~. CRAIG, BULTHUIS & NOTHOMB James W. Craig R.C.E. 9136 Raymond J. Bulthuis R.C.E. 13745 Civil Engineering • Land Surveying .Land Planning William R. Nothomb L.S. 2813 ta.o.# 1414 2611 Adams Ave. • San Diego, California 92116 January 7 , 1977 287-3974 Legal Description for Street Dedication - Portion of Telegraph Canyon Road, for E1 Rancho Del Rey #4 Parcel B All that portion of the Easterly One half of One Quarter Section 37 and that portion of the Westerly One Half of One Quarter Section 16 of Rancho De La Nacion in the County of San Diego, State of California, according to clap thereof No. 166 filed in the office of the County Recorder of San Diego County on May 11, 1869, described as follows: Beginning at the intersection of Buena Vista Way, with the Iortherly line of Telegraph Canyon Road delineated on El Rancho Del Rey Unit No.l, according to Map thereof No.739G, filed in the office of the County Recorder of San Diego County, August 9, 1972, being also a point on the arc of that 2030.00 foot radius curve concave Southeasterly in the Northwesterly boundary of County Road Survey No.1086-65, as described in Parcel 66141-A in deed to the County of San Diego, recorded April 18, 1967 as File No.53304; thence South 42° 56'49" East radial to said curve 60.00 feet to the Southerly boundary of said Road Survey No.1086-65. thence along the Southerly boundary of said Road Survey anc. among the arc of a 1970.00 foot radius curve con- cave Southeasterly through a central angle of 3°40'53" a distance of 126.58 feet; thence continuing along said Southerly boundary and tangent to said curve, North 50°44'04" East, (Record North 50°20'30" East) a distance of 403.78 feet to the be- ginning of a tangent 2030.00 foot radius curve concave North- westerly; thence along the arc of said curve through a central angle of 5°57'23" a distance of 211.04 feet to the TRUE POINT OF BEGINNING; thence continuing along the arc of said curve, and along said Southerly boundary through a central angle of 3°43'37" a distance of 132.04 feet; thence tangent to said curve and along said Southerly boundary, North 41°G3'04" East, (Record North 40°39'30" East) a distance of 61.44 feet; thence continuing along said Southerly boundary, North 47°57'34" East, (Record 47°57'00" East) a distance of 162 96 feet; thence South 42°02'26" East a distance of 19.00 feet; thence South 47°57'34" West a distance of 355.47 feet to the TRUE POINT OF BEGINNING. `1 m ~'' rn • -_ A ' A . ~~ , ~, ,y ~ , rn ~° b , ~ ~ , `c ` ~ ?~ ~: y - _ ~ -$~~%1q 0 Z n DRAWN/~ ' ' ---u------- oATE ._._ `- c, ~ ~ ,_ ..7 A / ~ j . 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