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HomeMy WebLinkAboutReso 1977-8848RESOLUTION NO. 8848 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC PdECE5SITY OF THE ACQUISITION OF PROPERTY OWNED BY EDWARD C. JEN50N, P4R. AND MRS. JOHN S. STEWART, AND MR. AND MRS. JOSEPH N. SILVIA FOR THE TELEGRAPH CANYON ROAD RIGHT OF WAY REALIGNP~LENT AND AUTHORIZING THE COr'1MENCEMENT 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 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 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 - 7. That the City Manager be, and he is, hereby authorized, empowered and directed to acquire said real property for the p~zrposes set forth above and to lay out, excavate, operate and repair any property or properties acquired by donation or purchase or 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 E1 Rancho del Rey. Said attorney shall be further authorized to mile 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 ~~ George D. Lindberg, City Atto ney - 2 - ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of October 197 ~ , by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None c ~~~~ Mayor of the CIII((\\ity of Ch Vista ATTES City erk 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 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 r+ ,L~7/ / `'~~aS'~ n~tur;T To; F~S~ ~ l~ E ~ , c~~rk T~ a ~ ~ . i', . ,. ~.... Et1~? Chub ~b'ista, C:.il~luruia X2012 RESOLUTION NO, 8848 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC r1ECE5SITY OF THE ACQUISITION OF PROPERTY OWNED BY EDWARD C. JENSON, MR. AND MRS. JOHN S. STEWART, AND MR. AND MRS. JOSEPH N. SILVIA FOR THE TELEGRAPH CANYON ROAD RIGHT OF WAY REALIGNr4ErdT AND AUTHORIZING THE COP~'IENCEMENT 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 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 ali 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 ttl? s resoluti or. 1S ~1tUat~::d .'ten the City of vi7Ui3 v':iS1i.'.a, ~~iiia'~Y` of San Diego, State of California and more particularly described in Exhibit "A", which is incorporated by reference. ~~,~A ~~p~ SUOK 1977 kECORCED REQUtST ur C ~tSTHCl71f CLERi~ Ocz Z~ 9 l~ ~~~'~ r - 1 - ,- ~, . ,_ ..~ -. _ tJ~aM ~u:F F; f~0 7. That the City Manager be, and he is, hereby authorized, empowered and directed to acquire said real property for the purposes set forth above and to lay out, excavate, operate and repair any property or properties acquired by donation or purchase or 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. Presented and Approved as to Form by ~ ~ ~, ~ ~_~ George Lindberg, City Atto ey f~_1 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of October 197 7 , by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None /s/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMG, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of Resolution No. 8848 DATED October 19, 1977 (seal) ,and that the same has not been amended or repealed. CC-660