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HomeMy WebLinkAboutAgenda Statement 1977/10/18 Item 05, 05aCITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. s, sa For meeting of 10/18/77 S. Public hearing and ITEM TITLE Sa. Resolution t1o. 3348 - Determining and Declaring Public Necessity of Acquisition of Property - Telegraph Canyon Road Right of Way SUBMITTED BY City Attorney ITEM EXPLANATION (4/5TN'S VOTE REQUIRED YES X NO_) As one of the conditions of approval of the tentative map for E1 Rancho del Rey Unit No. 5, the developer is required to install certain off- site improvements including a portion of Telegraph Canyon Road. In order to acquire the property for such improvements, condemnation by the City is necessitated. The public hearing required to initiate condemnation proceedings has been set for Tuesday, October 18, 1977 and the resolution declaring the public necessity of the acquisition of the property has been prepared for Council action subsequent to the hearing. GDL:lgk rvi i rn r~rn thf11I51 ~ J Agreement Resolution x Ordinance_ Plat_ Notification List_ Other ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT N/A STAFF RECOMMENDATION Approval of Resolution BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION A p p R O V E D by the City Cou.^.cil vf' ula Vi t,t:~!..~ 1':T is ;h s~~. Dated.........../A.. ~.../...~.:.. ~,~..._....... Ff~2 Exhibit A LEGAL DESCRIPTION OF THE WHOLE PROPERTY - The Southerly 208.71 feet of the Westerly 208.71 Peet of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter, Together with all that portion of the Southwest Quarter of the Northwest Quarter of the North- west Quarter of Quarter Section 68, Rancho de la Nacion, according to Map thereof No. 166, on file in the office of the County Recorder of said County described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Quarter Section 68; thence North 19000'00" West along the East line thereof 208.71 feet; thence Southerly in a < straight line to an intersection with the Northerly right of way line of Telegraph Canyon Road as shown on Road Sur- vey No. 1086 on file in the office of the County Surveyor of said County, at a point which is distant 125.00 feet Northwesterly along said right of way line from its inter- - section with the Southerly line of said Southwest Quarter; thence Southwesterly along said right of way line 125.00 feet; thence along said Southerly line to the point of be- ginning. 7 The attached notice has been mailed to the following people on October 3, 1977: Mr. & Mrs. Joseph N. Silvia 641 Telegraph Canyon Road Chula Vista, CA. 92011 Mr. Edward Jenson Jenson & Jenson, Inc. 5919 San Miguel Road Bonita, CA. 92002 Mr. A. B. Dilley 625 Telegraph Canyon Road Chula Vista, CA. 92011 Mr. & Mrs. John Stewart 649 Melrose Avenue Chula Vista, CA. 92011 Mr. C. Samuel Blick Higgs, Fletcher & Mack 442 South Escondido Blvd. Escondido, CA. 92025 ~ 1 ;~ ~~ a v- ~' 5 NOTICE OF CONSIDERATION OF ACS9UISITION OF VARIOUS PROPERTY(S) THROUGH EMINENT DOMAIN YOU ARE HEREBY ADVISED that the City Council of the City of Chula Vista, on Tuesday, October 18, 1977, at 7:00 P.M., shall hold a hearing to determine whether to adopt a Resolution attached hereto as Exhibit "A", or a resolution stating in greater detail the materials set forth in Exhibit "A". Exhibit "A" is a Resolution of Intent to Acquire Property through Eminent Domain. Upon adoption of the Resolution, the City Council of the City of Chula Vista has the right to proceed in a court of competent jurisdiction to acquire the property (s) described in the document. Your property is a pro- perty described in the Resolution. You have the right under California law to appear at the hearing scheduled at the time set forth above and offer testimony as to: (A) whether or not the public interest and necessity requires the acqui- sition of your property for the particular project contemplated; (B) whether that project is planned and located in a manner which will be most compatible with the most public good and the least private injury, and (C) whether the property considered for acquisition by the City is necessary for the project. The City Council of the City of Chula Vista will not provide an opportunity for you to appear and to speak concerning the matters above unless you, or your representative, file within fifteen (15) days of the date of this notice, a request to appear and speak to the issues set •forth above. Unless evidence is presented which advises not going forward with the acquisition of property (s) for the project described in the attached Resolution, the City Council of the City of Chula Vista will adopt the Resolution of Intent to Condemn attached, or a resolution similar to that attached. If you wish to appear and comment on this matter, you are hereby urged to file a written notice with the City Clerk's Office request- ing an opportunity to speak on the issues or to have a personal rep- resentative of yours speak. DATED: October 3, 1977 / ~ George I3: Lindberg, City Attorney