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HomeMy WebLinkAboutReso 1988-13717 RESOLUTION NO. 13717 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 DRAINAGE, SEWER AND UTILITY PURPOSES 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: WHEREAS, EastLake Development Company is engaged development and construction of a planned community in the City of Chula Vista, State of California, more commonly known as EastLake WHEREAS, this project has been the subject of environmental review, and Negative Declaration IS-88-19 has been prepared and is in compliance with the California Environmental Quality Act; and WHEREAS, the Public Facilities Financing Plan and the EastLake Specific Plan require certain improvements to Telegraph Canyon Road to be made to accomplish the widening and realignment of said public roads as well as the installation of certain drainage and sewer facilities; and WHEREAS, the public interest requires provision of such public improvements to insure that Telegraph Canyon Road is widened to provide sufficient transportation capacity as well as adequate drainage and sewer facilities to meet the public need in the area; and WHEREAS, said public interest may not currently be met in that Telegraph Canyon Road in the vicinity of EastLake Subdivision is currently a two-lane right of way and is now or will soon be operating above the capacity dictated by good engineering practices and drainage and sewer facilities do not currently exist which can serve the EastLake Subdivision; and WHEREAS, the public interest and necessity require the proposed street widening and realignment project to accommodate current and projected traffic safety and health and sanitation needs by constructing and improving Telegraph Canyon Road to a four lane major highway as part of an ultimate improvement project designed to accommodate a six lane highway; and WHEREAS, said widening and realignment and drainage and sewer facilities affecting Telegraph Canyon Road in the vicinity of EastLake require acquisition of property described in the attached legal descriptions, Exhibit "1", and generally consisting of approximately 19.79 acres along Telegraph Canyon Road; and -1- WHEREAS, the owner of said property needed for said public improvements, United Enterprises, Inc., has been requested to convey said property, and a good faith offer to purchase said property, pursuant to Government Code Section 7267.2 and Code of Civil Procedure Section 1245.230, has been made by the City of Chula Vista to United Enterprises, Inc; and WHEREAS, said good faith offer to purchase has not been accepted by United Enterprises; and WHEREAS, the City of Chula Vista possesses the right to acquire said property by the use of the power of eminent domain, pursuant to Title 7, Code of Civil Procedure Sections 1230.010 et seq., and Government Code Sections 37350.5 and 40401; and WHEREAS, the public interest and necessity require the proposed project in that public safety dictates that the City of Chula Vista maintain a public road system and drainage and sewer facilities designed and constructed to accommodate traffic, health and safety demands; and WHEREAS, generally accepted traffic and engineering standards dictate that portions of Telegraph Canyon Road adjacent to EastLake be widened to a four lane highway with slope and drainage easements appurtenant thereto, which drainage facilities will enlarge the existing drainage channel in the project to prevent flooding of the roadway and that sewers be provided to serve the needs of residents of both residential and commercial units; and WHEREAS, the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury in that the approximately 29.79 acres to be acquired out of a total acreage of over 23,500 acres owned by United Enterprises, Inc. at this location will provide an additional two to four lanes in a safer traffic configuration, and will provide for drainage channel improvements needed to protect the health and safety of the citizens of Chula Vista; and WHEREAS, the property to be acquired as set forth on Exhibit "1" attached hereto is necessary for the proposed project in that no other property is available which affords the capability for the widening of Telegraph Canyon Road to currently accepted traffic and engineering standards; and WHEREAS, EastLake Development Company agrees to provide certain improvements as set forth in the Public Facilities Financing Plan, a copy of which is attached hereto and incorporated herein by reference as Exhibit "2". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista: -2- 13]1 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 certain public improvements, namely a street right of way and drainage and sewer facilities, upon, through, over, under and across the real property hereinafter described in Exhibit "1", 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 and that such public improvements are planned and located in a manner which will be most compatible with the greatest good and the least private injury because the improvements were comprehensively planned in view of all currently known or anticipated development, the owner of the property to be taken was consulted and the owner's concerns and needs incorporated into the design wherever possible, and only 29.79 acres are to be acquired from a total ownership at this location of 23,500 acres. 4. That the public interest and necessity require the acquisition and taking of certain real property for street right of way for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, drainage and sewer facilities as well as all structures incidental thereto because traffic and engineering studies sponsored by the City of Chula Vista indicate that anticipated levels of development will necessitate the widening of Telegraph Canyon Road and the widening and realignment of the adjacent drainage channel. 5. That the acquisition and taking for the subject street, street right of way and drainage facilities 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 "1" above be so acquired because it has been determined that the property to be taken is the minimum required for the roadway and the drainage channel and related improvements to be constructed in the most efficient manner possible to meet projected traffic, safety, health and sanitation needs in accordance with good traffic engineering practices, and no other property is available which affords the capability of widening the existing roadway and constructing the drainage channel and related improvements. -3- 6. That the real property referred to hereinabove in this resolution is situated in the City of Chula Vista, or is adjacent to the City, in the County of San Diego, State of California and more particularly described in Exhibit "1", which is incorporated by reference. 7. 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 "1" and to make 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 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. 8. That the City Attorney is directed to file the appropriate complaint in the pursuance of the condemnation action authorized hereby; provided, however, that all matters involving said litigation, including the preparation and filing of said complaint, will be undertaken by an attorney to be retained by EastLake Development Company, who shall also provide any necessary appraisal or appraisals and shall bear full and total costs for legal services and any special witnesses as well as all costs of acquisition including either negotiated prices or value arrived at pursuant to a judgment of the Superior Court. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that this Resolution is intended to comply with Section 1245.230 of the Code of Civil Procedure. Presente~ .and Approved as to form by -~ ~ ~ V / ~ ':~ "~ ' ' T,b6mas a. ,~ n, city Attorney RE001FMFa ~y 4398a -4- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd cloy Of August 19 88 , by the following vote, to-wit: AYES: Councilmembers Nader, Malcolm, Cox, Moore, McCandliss NAYES: Counci ] members None ABSTAIN: Councilmembers None ABSENT: Councilmembers None ~Cj~y of~Chulo ViSta ,~TATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of RESOLUTION N0. 3.3717 ,and that the some has not been amended or repeoled oATED 6FFICE OF THE CITY CLERK ' 1671 CITY HALL '~- P. O. BOX 1087 RESOLUTION NO, 13717 CI-flJLA VISTA, CA 92012 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 DRAINAGE, SEWER AND UTILITY PURPOSES 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: WHEREAS, EastLake Development Company is engaged development and construction of a planned community in the City of Chula Vista, State of California, more commonly known as EastLake WHEREAS, this project has been the subject of environmental review, and Negative Declaration IS-88-19 has been prepared and is in compliance with the California Environmental Quality Act; and WHEREAS, the Public Facilities Financing Plan and the EastLake Specific Plan require certain improvements to Telegraph Canyon Road to be made to accomplish the widening and realignment of said public roads as well as the installation of certain drainage and sewer facilities; and WHEREAS, the public interest requires provision of such public improvements to insure that Telegraph Canyon Road is widened to provide sufficient transportation capacity as well as adequate drainage and sewer facilities to meet the public need in the area; and WHEREAS, said public interest may not currently be met in that Telegraph Canyon Road in the vicinity of EastLake Subdivision is currently a two-lane right of way and is now or will soon be operating above the capacity dictated by good engineering practices and drainage and sewer facilities do not currently exist which can serve the EastLake Subdivision; and WHEREAS, the public interest and necessity require the proposed street widening and realignment project to accommodate current and projected traffic safety and health and sanitation needs by constructing and improving Telegraph Canyon Road to a four lane major highway as part of an ultimate improvement project designed to accommodate a six lane highway; and WHEREAS, said widening and realignment and drainage and sewer facilities affecting Telegraph Canyon Road in the vicinity of EastLake require acquisition of property described in the attached legal descriptions, Exhibit "1", and generally consisting of approximately 19.79 acres along Telegraph Canyon Road; and -1- , I672 WHEREAS, the owner of said property needed for said public improvements, United Enterprises, Inc., has been requested to convey said property, and a good faith offer to purchase said property, pursuant to Government Code Section 7267.2 and Code of Civil Procedure Section 1245.230, has been made by the City of Chula Vista to United Enterprises, Inc; and WHEREAS, said good faith offer to purchase has not been accepted by United Enterprises; and WHEREAS, the City of Chula Vista possesses the right to acquire said property by the use of the power of eminent domain, pursuant to Title 7, Code of Civil Procedure Sections 1230.010 et seq., and Government Code Sections 37350.5 and 40401; and WHEREAS, the public interest and necessity require the proposed project in that public safety dictates that the City of Chula Vista maintain a public road system and drainage and sewer facilities designed and constructed to accommodate traffic, health and safety demands; and WHEREAS, generally accepted traffic and engineering standards dictate that portions of Telegraph Canyon Road adjacent to EastLake be widened to a four lane highway with slope and drainage easements appurtenant thereto, which drainage facilities will enlarge the existing drainage channel in the project to prevent flooding of the roadway and that sewers be provided to serve the needs of residents of both residential and commercial units; and WHEREAS, the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury in that the approximately 29.79 acres to be acquired out of a total acreage of over 23,500 acres owned by United Enterprises, Inc. at this location will provide an additional two to four lanes in a safer traffic configuration, and will provide for drainage channel improvements needed to protect the health and safety of the citizens of Chula Vista; and WHEREAS, the property to be acquired as set forth on Exhibit "1" attached hereto is necessary for the proposed project in that no other property is available which affords the capability for the widening of Telegraph Canyon Road to currently accepted traffic and engineering standards; and WHEREAS, EastLake Development Company agrees to provide certain improvements as set forth in the Public Facilities Financing Plan, a copy of which is attached hereto and incorporated herein by reference as Exhibit "2". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista: -2- 1673 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 certain public improvements, namely a street right of way and drainage and sewer facilities, upon, through, over, under and across the real property hereinafter described in Exhibit 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 and that such public improvements are planned and located in a manner which will be most compatible with the greatest good and the least private injury because the improvements were comprehensively planned in view of all currently known or anticipated development, the owner of the property to be taken was consulted and the owner's concerns and needs incorporated into the design wherever possible, and only 29.79 acres are to be acquired from a total ownership at this location of 23,500 acres. 4. That the public interest and necessity require the acquisition and taking of certain real property for street right of way for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, drainage and sewer facilities as well as all structures incidental thereto because traffic and engineering studies sponsored by the City of Chuta Vista indicate that anticipated levels of development will necessitate the widening of Telegraph Canyon Road and the widening and realignment of the adjacent drainage channel. 5. That the acquisition and taking for the subject street, street right of way and drainage facilities 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 "1" above be so acquired because it has been determined that the property to be taken is the minimum required for the roadway and the drainage channel and related improvements to be constructed in the most efficient manner possible to meet projected traffic, safety, health and sanitation needs in accordance with good traffic engineering practices, and no other property is available which affords the capability of widening the existing roadway and constructing the drainage channel and related improvements. -3- ' 1674 6. That the real property referred to hereinabove in this resolution is situated in the City of Chula Vista, or is adjacent to the City, in the County of San Diego, State of California and more particularly described in Exhibit "1", which is incorporated by reference. 7. 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 '1" and to make 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 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. 8. That the City Attorney is directed to file the appropriate complaint in the pursuance of the condemnation action authorized hereby; provided, however, that all matters involving said litigation, including the preparation and filing of said complaint, will be undertaken by an attorney to be retained by EastLake Development Company, who shall also provide any necessary appraisal or appraisals and shall bear full and total costs for legal services and any special witnesses as well as all costs of acquisition including either negotiated prices or value arrived at pursuant to a judgment of the Superior Court. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that this Resolution is intended to comply with Section 1245.230 of the Code of Civil Procedure. Presented.and Approved as to form by ,, , [~6mas J. ~Ci~ty Attorney RE001FMFa i 4398a -4- 1675 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ;HULA VISTA, CALIFORNIA, this 2nd day of August 19 ~ , by the following vote, to-wit: AYES: Councilmembers Nader, Malcolm, Cox, Moore, McCandliss NAYES: Council members None ABSTAIN: Councilmembers None ABSENT: Councilmembers None ................ '~"'~,~Vl of the City of Chula Vista ATTEST//, City Clerk FATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13717 ,ond thor the some hos not been omended or repeoled DATED - CC- Being portions of Quarter Section 11 of Rancho De La Nacion according to Map thereof No. 166, portions of the fractional Northeast Quarter of fractional Section 4 and the Northwest Quarter of Section 3, Township 18 South, Range 1 West, San Bernardino Meridian, according to the offic~a~ plat thereof, and portions of the Southwest Quarter of Secfion 34, Township 17 South, Range 1 West, San Bernardino Meridian, according to the official plat thereof; all in the County of San Diego, State of California, said portions more particularly described as follows: PARCEL 1 STREET DEDICATION Beginning at the Southwest corner of said Section 34 as shown on Southwestern College Estates Unit No. 7, M~p No. 6990 on file in the Office of the Recorder of said County; thence along the Westerly line of said Southwest Quarter South 00°01'13" East 24.30 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line South 89°35'49" East 90.32 feet to a point on the arc of a 2067.00 foot radius curve concave Northwesterly, a radial line to said point, hereinafter designated as Point "A", bears South 11~53'37" East; thence Southwesterly along the arc of said curve through a central angle of 04°07'32" a distance of 148.83 feet to a point hereinafter designated as Point "B", a radial line to said point bears South 07°46'05" East; thence continuing Southwesterly along the arc of said curve through a central angle of 00°46'01" a distance of 27.67 feet; thence South 82°59'56" West 937.71 feet to the beginning of a tangent 1933.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 19~56'15"- a distance of 672.64 feet; thence South 63e03~41" West 154~45 feet; thence North 26°56'19" West 43.85 feet; thence North 64~20'11" East 199.09 feet to the beginning of a tangent 1970.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 16~16'00" a distance of 559.30 feet; thence North 80~36'11" East 643.74 feet to the beginning of a tangent 970.00 foot radius curve concave Southwesterly; thence Northeasterly along the arc of said curve through a central angle of 09°48'00" a distance of 165.91 feet; thence South 89°35'49" East 300.83 feet to the TRUE POINT OF BEGINNING. IV HKB/KD 5-20-88 Exhibit 1 /? RICK ENGINEERING COMPANY I ' 1677 9910~ O~A~ L~S ~0~ c.~'~. ~ 2-~0-88 11 PARCEL 3 STREET DEDICATION Beginning at the Southwest corner of said Section 34 as shown on Southwestern College Estates Unit No. 7, Map No. 6990 on file in the Office of the Recorder of said County;~ thence along the Westerly line of said Southwest Quarter; North 00°01'13" West 35.70 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line North 00°01'13" West 58.35 feet to a point on the arc of a 1933.00 foot radius curve concave North- westerly, a radial line to said point, hereinafter designated as Point "C", bears South 09°59'57" East; thence Northeasterly along the arc of said curve through a central angle of 24°23'56" a distance of 823.15 feet; thence North 55°36'07" East 549.36 feet; to the beginning of a tangent 5067.00 foot radius curve concave Southeasterly; thence Northeasterly along=the arc of said curve through a central angle of 05°11'16" a distance of 458.79 feet; thence North 60°47'23'' East 976.63 feet to the beginning of a tangent 5067.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 01°47'42" a distance of 158.74 feet to a point on the arc of a 2970.00 foot radius curve concave Northwesterly, a radial line to said point bears South 38°02'03" East; thence Southwesterly along the arc of said curve through a central angle of 06°29'01" a distance of 336.09 feet; thence South 58°26'58" West 2313.42 feet to the beginning of a tangent 470.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 31°57'13" a distance of 262.12 feet; thence North 89°35'49" West 95.09 feet to the TRUE POINT OF BEGINNING. PARCEL 4 STREET DEDICATION Beginning at the Southwest corner of Parcel 2 of Parcel Map No. 13883 filed in the Office of said County Recorder, said point being on the City of Chula Vista, County of San Diego boundary line; thence along said boundary line North 00°47'14 East 7.94 feet to a point on the arc of a 4933.00 foot radius curve concave Southeasterly, a radial line to said point bears North 27°18'19" West; thence leaving said boundary Southwesterly along the arc of said curve through a central angle of 04°07'30" a RCFCRIENClC ~ OAT[ I/I( K ENGINEERING COMPANY I ,L...,.,c0.,.L...,, AMD CIVIL [NGIN~ER$ 5620 FRIARS ROAD · SAN DIEGO. CALIF 92t10-2596 · =LEPHONE · AREA CODE 6~9 · 291,O707 9910S OTA~ L~ES ~0~ .~'KD 2 8 3 o~ 10- 8 11 distance of 355.15 feet; thence South 58°34'11" West 187.80 feet; thence North 31o25'49" West 10.99 feet to the TRUE POINT OF BEGINNING; thence South 60°47'23" West 235.10 feet to a point hereinafter designated as Point "D"; thence continuing South 60°47'23" West 362.35 feet to the beginnin~qf a tangent 4933.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 05°11'16" a distance of 446.65 feet; thence South 55~36'07" West 78.48 feet to a point hereinafter designated as Point "E"; thence continuing South 55°36'07" West 470.88 feet; to the beginning of a tangent 2067.00 foot radius curve concave Northwesterly; thence South- westerly along the arc of said curve through a central angle of 01~00'40" a distance of 36.48 feet to a point hereinafter designated as Point "F", a radial line to said point bears South 33~23'13" East; thence continuing Southwesterly along the arc of said curve through a central angle of 12°49'10" a distance of 462.47 feet; thence North 58~26'58'' East 2088.68 feet; thence South 31~25'49" East 30.44 feet to the TRUE POINT OF BEGINNING. PARCEL A SLOPE AND DRAINAGE EASEMENT Beginning at the aforementioned Point "B"; thence South 07°46'05" East 24.13 feet; thence South 36°37'07" West 101.24 feet; thence South 56°09'31" West 111.37 feet; thence South 74~25'23" West 121.51 feet; thence South 83°09'00" West 57.40 feet to the beginning of a tangent 25.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 80~42'00" a distance of 35.21 feet to the beginning of a tangent 25.00 foot radius curve concave North- westerly; thence Southwesterly along the arc of said curve through a central angle of 152e01'11" a distance of 66.33 feet; thence tangent to said curve North 25e31'49" West 26.31 feet; thence South 63~35'20" West 26.62 feet; thence South 79°45'23" West 34.53 feet; thence South 79~19'56" West 132.32 feet; thence South 49~52'55" West 26.22 feet; thence North 63°12'41" West 21.20 feet; thence South 79e19'56" West 744.93 feet; thence North 21~26'08" West 179.36 feet to a point on the arc of a non-tangent 1933.00 foot radius curve concave Southeasterly, a radial line to said point bears North 21°26'08" West; thence Northeasterly along the arc of said curve through a central angle of 14~26'04" a distance of 486.98 feet; thence tangent to said curve North 82~59'56" East 937.71 feet to the beginning of a tangent 2067.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 00o46'01" a distance of 27.67 feet to the Point of Beginning. RCrCRE.CC OATC SV MKB/KD 0,~c 5-20-88 RICK ENGINEERING COMPANY I 1679 c ~ 2-10-88 11 PARCEL C SLOPE AND DRAINAGE EASEMENT Beginnin9 at the aforementioned Point "C"; thence alon9 said Westerly line of said Southwest Ouarter of Section 34 North 00°01'13" Nest 126.03 feet; thence leavin9 said line North 47~52'23" East 50.86 feetl thence North 1~-19'35" ~est 15.00 feet~ thence North 77~40'25" East 15.00 feet~ thence South 12~19'35" East 13.00 feet~ thence North 71°14'03" East 111.71 feet to the beginnin9 of a tangent 150.00 foot radius curve concave Southeasterly~ thence Northeasterly alon9 the arc of said curve through a central angle of 30°59'11" a distance of 81.12 feet to the beginnin9 of a tangent 240.00 foot radius curve concave Northwesterlyl thence Northeasterly alon9 the arc of said curve through a central angle of 30°34'41" a distance of 128.09 feet~ thence tangent to said curve North_?lo38,33- East 14.04 feet to the beginnin9 of a tangent 800.013 foot radius curve concave Northwesterly; thence Northeasterly alon9 the arc of said curve through a central angle of 11°23'15" a distance of 159.00 feet~ thence tangent to said curve North 60°15'18" East 92.86 feet to the beginnin9 of a tangent 400.00 foot radius curve concave Northwesterly~ thence Northeasterly alon9 the arc of said curve through a central angle of 06°28'45" a distance of 45.23 feetl thence tangent to said curve North 53~46'33" East 5.27 feet~ thence North 33°50'11" Nest 16.62 feet~ thence North 56~09'49" East 15.00 feet to a point hereinafter designated a Point "H"; thence South 33°50'11' East 16.00 feet~ thence North 53°46'33" East 217.78 feet~ thence North 35°14'51" West 21.00 feetl thence North 54~45'09" East 25.00 feetl thence North 35~14'51" Nest 11.00 feetl thence North 54~45'09" East 12.00 feet~ thence. South 35°14'51" East 20.00 feetl thence South 89~07'24" East 18.84 feet~ thence North 53~46'33" East 224.02 feet~ thence North 57~23'33~ East 183.00 feet~ thence North 37~16'35" East 158.60 feet~ thence North 69°55'11" East 376.49 feetl thence North 59°03'25~ East 321.24 feet~ thence North 60~35'14" East 424.00 feet~ thence North 39~52'45" East 113.47 feetl thence North 60°22'26" East 332.64 feet to a point herein- after designated as Point "J", said point also bein9 on the ~esterly boundary of Parcel 2 of Parcel Map No. 138831 thence South 00o47,14- ~est 186.00 feet to a point on the arc of a non- tangent 5067.00 foot radius curve concave Southeasterly, to which a radial line bears North 26°29'58" Nest~ thence Southwesterly alon9 the arc of said curve through a central angle of 02o42'39" ..5 RICK ENGINEERING COMPANY I i AND CIVIL ~N~INEER$ 5620 ~RIARS ROAD · SAN O[~GO, CALIF 92110-2596 ~¢LEPHON~ · A~EA CODE 619 · 291-0707 ~ 99105 OTAY L~gS ~0~ ""'"'~ 2-~0-88 lZ a distance of 239.73 feet; thence South 60°47'23" West 976.63 feet to the beginning of a tangent 5067.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 05°11'16" a distance of 458.79 feet; thence tangent to said curve South 55036'07" West 549.36 feet to the beginning of a tangent 1933.0~ ~oot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 24°23'56"a distance of 823.15 feet to the Point of Beginning. PARCEL D DRAINAGE EASEMENT Beginning at the aforementioned Point "A", also being a point on the arc of a 2067.00 foot radius curve concave Northwesterly, a radial line to said point bears South 11°53'37" East; thence Northeasterly along the arc of said curve through a central angle of 02°12'13" a distance of 79.50 feet to the TRUE POINT OF BEGINNING, a radial line to said point bears South 14°05'50" East; thence continuing Northeasterly along the arc of said curve through a central angle of 01°39'47" a distance of 60.00 feet; thence South 14047'25" East 50.30 feet; thence South 75°12'35" West 60.00 feet; thence North 14°47'25" West 50.15 feet; to the TRUE POINT OF BEGINNING. PARCEL "E" DRAINAGE EASEMENT Beginning at the aforementioned Point "F"; thence South 32049'57" East 55.10 feet; thence South 57°10'03· West 40.00 feet; thence North 32o49'57" West 55.10 feet to a point on the arc-of a 2067.00 foot radius curve concave Northwesterly, a radial line to said point bears South 32016'42" East; thence Northeasterly along the arc of said curve through a central angle of 01°06'31" a distance of 40.00 feet; to the Point of Beginning. PARCEL "F" DRAINAGE EASEMENT Beginning at aforementioned Point "E" thence South 34°23'53" East 55.00 feet; thence South 55°36'07" West 50.00 feet; thence North 34°23'53" West 55.00 feet; thence NOrth 55°36'07" East 50.00 feet to the Point of Beginning. RICK ENGINEERING COMPANY I ANDCIVILENGIN[£RS I681 JOB NO' LEGAL DESCRIPTION FOR: BY B/ D OAT~10_88 r SHEET PARCEL "G" DRAINAGE EASEMENT Beginning at aforementioned Point "D" thence North 60°47'23" East 60.00 feet; thence South 29°12'37" East 60.00 feet; thence South 60°47'23" West 60.00 feet; thence North 29°12'37" West 60.00 feet to the Point of Beginning. - - PARCEL "H" DRAZNAGE EASEMENT Beginning at the Southwest Corner of Parcel 2 of Parcel Map No. 13883, filed in the Office of said County Recorder, said point being on the City of Chula Vista, County of San Diego boundary line; thence South 00°47'14" West 4.06 feet; thence South 62°41'20" West 10.48 feet; thence South 25°00'50" West 41.21 feet; thence South 41°25'45" West 50.24 feet to the TRUE POZNT Or BEGINNZNG; thence South 41°00'00" East 28,00 feet; thence South 49000'00" Nest 50.00 feet; thence North 41°00'00" West 50.00 feet; thence North 49000'00" East 10.00 feet; thence South 41°00'00" East 21.36 feet; thence North 49°00'00· East 30.00 feet; thence North 41°00'00" West 21.36 feet; thence North 49°00'00" East 10.00 feet; thence South 41°00'00" East 22.00 feet to the TRUE POZNT OF BEGZNNING. PARCEL "I" SLOPE EASEMENT Beginning at aforementioned Point "B" said Point being a point on the arc of a 2067.00 foot radius curve concave Northwesterly to which a radial line bears South 07~46'05" East; thence North- easterly along the arc of said curve through a central angle of 06~19'45" a distance of 228.33 feet; thence South 14°47'25" East 50.15 feet; thence North 75~12'35" East 60.00 feet; thence North 14°47'25" West 50.30 feet to a point on the arc of a n~n-tangent 2067.00 foot radius curve concave Northwesterly, to which a radial line bears South 15e45'37" East; thence Northeasterly along the arc of said curve through a central angle of 16~31'05'' a distance of 595.90 feet; thence South 32°49'57" East 55.10 feet; thence North 57"10'03" East 40.00 feet; thence North 32~49'57" West 55.10 feet to a point on the arc of a non-tangent 2067.00 foot radius curve concave Northwesterly, to which a radial line bears South 33~23'13" East; thence Northeasterly along the arc of said curve through a central angle of 01~00'40" ,[r[RENc[ { OAlrZ MKB/KD o,;e 5-20-88 EXhibit 1 ~ ~vT/~7 RICK ENGINEERING COMPANY I AND CAVIL ,,,o ,.,,.. · 1682 ~ 9910B OTAY ~ES RO~ ~B 2-10-88 7 o~ ll a distance of 36.48 feet; thence North 55°36'07" East 420.88 feet; thence South 34°23'53" East 55.00 feet; thence South 85o01'12" West 12.44 feet; thence South 35°59'52" West 30.98 feet; thence South 13°34'25" West 66.98 feet; thence South 70046'46" West 105.65 feet; thence South 7~t21'36" West 105.93 feet; thence South 59~39'28" West 147.38 feet; thence South 08o24'09" East 24.09 feet; thence South 01°34'51" West 25.01 feet; thence South 32°44'01" West 20.93 feet; thence South 71~34'19" West 26.32 feet; thence North 81°07'18" West 31.62 feet; thence South 45~23'42" West 66.66 feet; thence South 57~24'00" West 88.35 feet; thence South 72°12'58" West 96.03 feet; thence South 67°58'30" West 156.61 feet; thence South 79"34'06'' West 112.84 feet; thence South 84°49'03" West 34.43 feet; thence South 22~31'35" West 13.21 feet; thence South 04e28'49" East 45.83 feet; thence South~31e22'09" West 25.20 feet; thence South 64~06'56" West 22.59 feet; thence North 87°27'41" West 26.87 feet; thence North 60~15'09" West 27.63 feet; thence North 35°34'23" West 58.58 feet; thence South 67~44'37" West 81.37 feet; thence South 58°49'40'' West 54.17 feet; thence South 72°04'47" West 57.04 feet; thence South 61~02'22" West 18.46 feet; thence South 39°33'50" West 91.00 feet; thence South 27"29'39" West 57.92 feet; thence South 72~12'45" West 204.56 feet; thence South 63~40'54" West 50.38 feet; thence South 33o06'06" West 42.26 feet; thence North 79~30'34" West 48.55 feet; thence North 38~23'57" West 64.22 feet; thence North 71"58'47" West 22.72 feet; thence South 74~25'53" West 66.21 feet; thence South 89°19'14" West 51.44 feet; thence North 65~46'35" West 33.23 feet; thence North 79°19'56" East 132.32 feet; thence North 79~45'23" East 34.53 feet; thence North 63~35'20" East 26.62 feet; thence South 25~31'49" East 26.31 feet to the beginning of a tangent 25.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 152°01'11" a distance of 66.33 feet to the beginning of a tangent 25.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 80~42'00" a distance of 35.21 feet; thence tangent to said curve North 83°09'00" East 57.40 feet; thence North 74°25'23" East 121.51 feet; thence North 56~09'31 East 111.37 feet; thence North 36°37'07" East 101.24 feet; thence North 07046'05" West 24.13 feet to the Point of Beginning. T,T~Z co. " MKB/Fd) olrt 5-20-88 Exhibit 1 / ~7 / 7 ' RIC:K ENGINEERING COMPANY I 1683 OTAY MKB/KD 9910B LAKES ROAD c..'D 2-10-88 8 or 11 PARCEL "J" SLOPE EASEMENT Beginning at the TRUE POINT OF BEGINNING of said Parcel 4; thence South 31'25'49" East 10.99 feet; thence North 58'34'11" East 187.80 feet to the beginning of a ~arPgent 4933.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 02*23'25" a distance of 205.80 feet; thence South 41'00'00" East 41.00 feet; thence South 49o00'00" West 10.00 feet; thence South 71'44'34" West 80.74 feet; thence South 65*24'43" West 150.95 feet; thence South 58'34'11" West 92.00 feet; thence South 31'25'49" East 16.00 feet; thence South 72'45'19" West 83.19 feet; thence South 63'48'09" West 104.64 feet; thence South 07'08'32" East 19.96 feet; thence South 06'08'17" West 52.7~ feet; thence South 15'47'23" West 68.59 feet; thence North 75°17'01" West 102.49 feet; thence South 56°47'48" West 82.04 feet; thence South 49o09'46" West 175.07 feet to the beginning of a tangent 395.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 16'18'24" a distance of 112.42 feet; thence tangent to said curve South 32'51'22" West 17.58 feet to the beginning of a tangent 75.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 65*30'28" a distance of 85.75 feet; thence South 57°20'54" West 10.00 feet to a point on the arc of a concentric 85.00 foot radius curve concave Southeasterly, to which a radial line bears South 57020*54" West; thence Northeasterly along the arc of said curve through a central angle of 65°30'28" a distance of 97.18 feet; thence North 32°51'22" East 17.58 feet to the beginning of a tangent 405.00 foot radius curve concave Southeasterly; ~hence Northeasterly along the arc of said curve through a central angle of 16'18'24" a distance of 115.27 feet; thence tangent to said curve North 49*09'46" East 77.77 feet; thence North 29'12'37" West 27.92 feet; thence South 60'21'08" West 65.15 feet; thence South 57'41'06" West 214.84 feet; thence South 35'20'11" West 31.09 feet; thence South 53'54'25" West 42.34 feet; thence South 68°40'13" West 32.25 feet; thence South 86'59'25" West 40.57 feet; thence South 74°55'44" West 24.84 feet; thence South 56'20'26" West 202.70 feet; thence South 16°36'48" East 24.27 feet; thence South 13'36'07" West 20.79 feet; thence South 50*40'27" West 22.17 feet; thence South 85°01'12'' West 29.56 *EFER[NCE: O"OERNO' OATI[ MKB/KD 5-20-88 Exhibit 1 ,,2-,', ,~ 'RICK ENGINEERING COMPANY I 9910B OTAY L~ES RO~ ~c..'~ 2-10-88 9 o~ 11 feet; thence North 55°36'07" East 50.00 feet; thence North 34°23'53" West 55.00 feet; thence North 55036'07" East 78.48 feet to the beginning of a tangent 49.33 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 05°11'16" a distance of 446.65 feet; thence tangent to said curve North 60047'23" East 362.35 feet; thence South 29°12'37" East 60.00 feet; thence North 60°47'23" East 60.00 feet; thence North 29°12'37" West 60.00 feet; thence North 60047'23" East 175.10 feet to the Point of Beginning. PARCEL "K" SLOPE EASEMENT Beginning at the Southwest Corner of Parcel 2 of Parcel Map No. 13883, filed in the Office of said County Recorder, said point being on the City of Chula Vista, County ~f San Diego boundary line; thence South 00°47'14" West 4.06 feet; thence South 62041'20" West 10.48 feet; thence South 25°00'50" West 41.21 feet; thence South 41°25'45" West 50.24 feet; thence North 41000'00" West 22.00 feet; thence South 49°00'00" West 10.00 feet; thence North 41°00'00" West 34.55 feet to a point on the arc of a non-tangent 4933.00 foot radius curve concave South- easterly, to which a radial line bears North 28°41'01" West; thence Northeasterly along the arc of said curve through a central angle of 01~22'42" a distance of 118.67 feet; thence South 00o47'14" West 7.94 feet to the Point of Beginning. PARCEL "L" SLOPE EASEMENT Beginning at aforementioned Point "J"~ thence South 60°22'26" West 332.64 feet; thence South 39052'45" West 113.47 feet; thence South 60°35'14" West 424.00 feet; thence South 59003'25" West 321.24 feet; thence South 69°55'11" West 122.29 feet; thence North 44o25,18" East 81.86 feet; thence North 59~32'43" East 120.32 feet to the beginning of a tangent 125.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 49°27'01" a distance of 107.88 feet; thence tangent to said curve North 10°05'42" East 41.62 feet to the beginning of a tangent 155.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 54°44'51" a distance of 148.11 feet to the beginning of a tangent 119.83 foot radius curve .Ers.eNce OATg sY MKB/KD 5 20 88 Exhibit 1 / ~' 7/7 1685 RICK ENGINEERING COMPANY I ,L,..,.,co.su.,.,. AN0 CIVIL ENGINEERS 5620 FRIARS ROAO · SAN DIEGO. CALllF 92110-2596 ~cLEpHONE · AREA COOE 6~9 · 291-0707 JOB NO, 9910B OTAY LAKES ROAD ~'o. ~j~ 10o, ll /_ -- concave southeasterly; thence Northeasterly along the arc of said curve through a central angle of 36°34'41" a distance of 76.50 feet; thence tangent to said curve South 78°34'46" East 2.81 feet to the beginning of a tangent 51.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 37°44'09" a disbance of 33.59 feet; thence tangent to said curve North 63°41'05" East 88.07 feet; thence North 74°57'02" East 53.59 feet; thence North 65°49'08" East 91.75 feet; thence North 85°37'28" East 65.32 feet to a point on the arc of a non-tangent 275.00 foot radius curve concave Northwesterly, to which a radial line bears South 53°27'06" East; thence Northeasterly along the arc of said curve through a central angle of 29°10'07" a distance of 140.00 feet; thence South 74°03'43" East 145.77 feet; thence North 60°22'26" East 259.45 feet; thence South 00°47'14" West 17.39 feet to the Point Of Beginning. PARCEL "M" SLOPE EASEMENT Beginning at aforementioned Point "H"; thence North 44°26'33" East 167.88 feet; thence North 84°58'23" East 33.28 feet; thence North 03°30'50" East 66.68 feet; thence South 86°31'24" East 25.04 feet; thence North 76°02'20" East 33.38 feet; thence South 83°07'17" East 18.25 feet; thence North 57°07'42" East 46.98 feet; thence North 47°21'02" East 72.45 feet; thence North 07°44'44" West 96.59 feet; thence North 46°30'59" East 83.48 feet; thence North 55°17'28" East 71.35 feet; thence North 59°46'20" East 43.07 feet; thence North 72°00'30" East 53.27 feet; thence North 76°52'17" East 47.17 feet; thence North 85°05'10" East 34.22 feet; thence North 36°44'10" East 14.14 feet; thence North 13°17'35" East 43.55 feet; thence North 47°30'35" East 17.78 feet; thence South 42°46'01" East '88.21 feet; thence South 69°55'11" West 33.00 feet; thence South 37°16'35" West 158.60 feet; thence South 57°23'33" West 183.00 feet; thence South 53°46'33" West 224.02 feet; thence North 89°07'24" West 18.84 feet; thence North 35°14'51" West 20.00 feet; thence South 54°45'09" West 12.00 feet; thence South 35°14'51" East 11.00 feet; thence South 54°45'09" West 25.00 feet; thence South 35°14'51" East 21.00 feet; thence South 53°46'33" West 217.78 feet; thence North 33°50'11" West 16.00 feet to the Point of Beginning. COMpANy DESCRIPTION REVISIONS REFERENCE DATE MKB/KD 5 20 88 Exhibit 1 /5;7/~ RICK ENGINEERING COMPANY I · 92,,o-2,.. 1686 9910B OTAY L~J<ES ROAI) oL~.~_J 2-10-88 11 oFll PARCEL "N" SLOPE EASEMENT Beginning at aforementioned Point "C"; thence North 00o01'13n west 126.03 feet to the TRUE POINT OF BEGINNING; thence North 00°01'13" West 65.00 feet; thence South 66e39'11~ East 36.07 feet; thence North 72°13'24" East 195.?~ ~eet; thence South 84o30'40" East 90.22 feet; thence North 68°51'56" East 75.61 feet; thence North 03025'00" West 27.50 feet; thence North 71°24'17" East 271.96 feet; thence South 33°50'11· East 16.62 feet; thence South 53046'33" West 5.27 feet to the beginning of tangent 400.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle Of 06°28'45" a distance of 45.23 feet; thence tangent to said curve South 60°15'18" West 92.86 feet to the beginning of a tangent 800.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve ~hrough a central angle of 11023'15" a distance of 159.00 feet; thence tangent to said curve South 71°38'33" West 14.04 feet to the beginning of a tangent 240.00 foot radius cucve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 30°34'41" a distance of 128.09 feet to the beginning of tangent 150.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 30°59'11" a distance of 81.12 feet; thence tangent to said curve South 71°14'03" West 111.71 feet; thence North 12°19'35" West 13.00 feet; thence South 77°40'25" West 15.00 feet; thence South 12°19'35" East 15.00 feet; thence South 47~52'23" West 50.86 feet; thence South 00°01'13" East 126.03 feet to the TRUE POINT OF BEGINNING. PARCEL'"R" CLEAR SPACE EASEMENT Beginning at the aforementioned Point "C"; thence along the Westerly line of said Section 34 North 00°01'13" West 8.54 feet; thence leaving said Westerly line North 81°00'14" East 148.39 feet to the beginning of a non-tangent 1933.00 foot radius curve concave Northwesterly, to which a radial lines bears South 14026'43" East; thence Southwesterly along the arc of said curve a d s of through a central angle of 04°26'46" i tance 150.00 feet to the Point of ' ' . Robert G. Schoettmer LS 4324, Exp. 6-30-88 ..v MKB/KD 5-20-88 Exhibi~ 1 CITY OF CHULA VISTA DISCLOSURE STATEMENT JAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS J WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. Fh~ ,'oilowing information must be disclosed: 1. List the names of all persons having a financial interest in the application. - EastLake Development Company, a - Louis H. Hunte Testamentary Trust California partnership - United Enterprises, Ltd., a California - Western Salt Company, a California corporation limited partnership List the names of all persons having any ownership interest in the property involved. - EastLake Development Company, a - Louis H. Hunte Testamentary Trust California partnership - United Enterprises, Ltd., a California - Western Salt Company, a California Corporation [imited partneship 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. - EastLake Development Company - Boswell Properties, Inc., a California - David V, a California Corporation, General Partner Corporation General Partner - Daniel V, a California Corporation, Cenerat Partner 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Henry H unte, Trustee 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, soc"6~iT club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combinatio~ acting as a unit." (NOTE: Attach additional pages as necessary.)/' ,', ' ~' L_, 5 ~a u ,~e o ~appl~cant/date ' WPC 0701P Ken DIAngeto A-110 ~rint or type name of applicant