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Home My WebLink AboutReso 1982-11046 Revised 10/22/82 RESOLUTION NO. 11046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR PUBLIC STREET PURPOSES KNOWN AS TELEGRAPH CANYON ROAD EAST OF HILLTOP DRIVE AND AUTHORIZING THE COMMENCEMENT 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 construction and completion of a certain public improvement, namely a street right of way, upon, through, over, under and across the real property hereinafter 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 Section 37350.5, more specifically California Streets and Highways Code Section 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 proposed project so that pedestrians can have a sidewalk on the north side of Telegraph Canyon Road and also to allow bicycle lanes on both the north and south side of Telegraph Canyon Road. 4. That such public improvement is planned and located in a manner which will be most compatible with the greatest good and the least private injury in that the location of the taking is that area where pedestrians and bicyclists would normally and logically travel and it is adjacent to the existing right of way across the private property. 5. That the public interest and necessity require the acquisition and taking of certain property for street right of way for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, as well as all structures incidental thereto. -1- 6. That the acquisition and taking of the subject street, street 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 Section 1240.410. 7. 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. 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 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 directed to file the appropriate complaint in the pursuant of the condemnation action authorized hereby. Presented and Approved as to form by Geor~Lindb -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of October 19~ 2 , by the following vote, to-wit: AYES: Councilmen Scott, Cox, Ha 1 col m, Moore, McCandl i ss NAYES: Councilmen None ABSTAI N: Councilmen None ABSENT: Councilmen None Mayor it of Chulo Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 11046 ,and that the some has not been amended or repealed. DATED (seal) City Clerk CC-660 /2 - l l tj L/ G, F. XHmlT File: AP018 A LEGAL DESCRIPTION TELEGRAPH CANYON ROAD Parcel No. 575-060-07 (O'Brien Property) Parcel A & B A portion of the Northwest quarter of Quarter Section 114 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California according to Map NO. 166 filed in the Office of the County Recorder of said County on May 11, 1869 being more particularly described as follows: Beginning at the North quarter corner Of Quarter Section 114 (a 1" iron pipe) as shown on Map No. 8289 Hilltop Vista Subdivision filed in said County Recorder's Office on April 14, 1976; thence along the East line Of the northwest quarter of Quarter Section 114 South 18o16'23'' East as shown on Map No. 3170 Hobart Knolls filed in said Recorder's Office on January 5, 1955 (the north- south centerline of Quarter Section 114 South 18°14'08'' East per said Map No. 8289) a distance of 112.53 feet; thence North 77°22'56" West a distance of 215.31 feet to the intersection with the North line of Quarter Section 114 as shown on aforesaid Map No. 3170; thence along said North line North 71°06'36'' East a ]istance of 184.78 feet to the Point of Beginning. Area - 10,396.01 sq. ft. 0.2387 acre Parcel A A portion of the Northwest quarter of Quarter Section 114 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California according to Map No. 166 filed in the Office of the County Recorder of said County on May 11, 1869 being more particularly described as follows: Beginning at the North quarter corner of Quarter Section 114 (a 1" iron pipe) as shown on Map No. 8289 Hilltop Vista Subdivision filed in said County Recorder's Office on April 14, 1976; thence along the East line of the northwest quarter of Quarter Section 114 South 18o16,23- East as shown on Map NO. 3170 Hobart Knolls filed in said Recorder's Office on January 5, 1955 (the north- south centerline of Quarter Section 114 South 18014'08" East per Parcel A cont'd said Map NO. 8289) a distance of 51.93 feet; thence North 77°22'56'' West a distance of 99.36 feet to the intersection with the North line of Quarter Section 114 as shown on aforesaid Map No. 3170; thence along said North line North 71o06'36" East a distance of 85.27 feet to the Point of Beginning. Area - 2,213.92 sq. ft. 0.0508 acre Parcel B A portion of the Northwest quarter of Quarter Section 114 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California according to Map No. 166 filed in the Office of the County Recorder of said County on May 11, 1869 being more particularly described as follows: Beginning at the North quarter corner of Quarter Section 114 (a 1" iron pipe) as shown on Map No. 8289 Hilltop Vista Subdivision filed in said County Recorder's Office on April 14, 1976; thence along the East line of the northwest quarter of Quarter Section 114 South 18o16,23'' East as shown on Map No. 3170 Hobart Knolls filed in said Recorder's Office on January 5, 1955 (the north- south centerline of Quarter Section 114 South 18o14'08'' East per said Map No. 8289) a distance of 51.93 feet to the True Point of Beginning; thence continuing South 18o16'23'' East along said East line of the northwest quarter of Quarter Section 114 a distance of 60.60 feet; thence North 77o22'56" West a distance of 215.31 feet to the intersection with the North line of Quarter Section 114 as shown on aforesaid Map No. 3170; thence along said North line North 71°06'36" East a distance of 99.51 feet; thence South 77°22'56" East a distance of 99.36 feet to the True Point of Beginning. Area - 8,182.20 sq. ft. 0.1878 acre Checked: 4-20-82 By: S. Hanson SCALE = I / 40 .. I/4 SEC. II4 \/JAP 3 JTO · .. ~/.w --. TOTAL AREA OF SO. FT. = PARCEL A "~ .~ N · 8~8z = TOTAL AREA OF "~" SO. fT, PARCEL B ,, ,, 5'~ 10,396 TOTAL AREA OF ~J SITEc~ SQ.F'r. = PARCELS A + B SQ. FT. = PAVED ST. VICINITY MAP NO SCALE DRAWN BY TITLE ~ TELEGRAPH CANYON ROAD R/W ~ DATE ~ ~- z'~-6~_ ACQUISITION ~-//~'-/&