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HomeMy WebLinkAbout1955-05-17; City Council; Resolution 1731 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 .- e RESOLUTION NO. 173 A RESOLUTION DETERMING ANY) DECLARING THAT THE PUBLIC” INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF CARLSBAD REQUIRE THE ACQUISITION AND CONSTRUCTION OF WORKS AND IMPROVEMENTS FOR THE TREAT- MENT OF SEWAGE ORIGINATING WITHIN THE CITY OF CARLSBAQ; AND THAT PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE AC- QUISITION OF A PORTION OF LOT 18, SEASIDE LANDS, MAP NO. 1722 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND DECLARING THE INTENTION OF THE CITY OF CARLSBAD TO ACQUIRE SAID LAND UNDER EMINENT DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY OF THE CITY OF CARLSBAD TO COM- MENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN DIEGO, FOR THE PURPOSE OF CONDEMNING SAID LAND. BE IT as follews: RESOLVED by the City Council of the City of Carlsbad SECTION 1, That the public interest, convenience and necessity of the City of Carlsbad, State of California, and the inhabitants thereof, require the acquisition and construction of works and improvements for the treatment of sewage originating within the City of Carlsbad, with said construction of works and improvement to be made upon a portion of Lot 18, Seaside Lands, of Map No, 1722, as filed in the office of the County Recorder of San Diego County. SECTION 2. That public interest, convenience and necessity of the City of Carlsbad, and of the inhabitants thereof, demand the acquisition and taking of ‘said land as a site for the con- struction of works and improvement for the treatment of sewage originating within the City of Carlsbad, SECTION 3, That the property, hereinabove referred to, to be taken by said City, is more particularly described as follows, to wit: 32 1 2 3 4 5 6 7 a 9 10 11 12 13 Portion of Lot 18, Seaside Lands, in the City of Carlsbad, County of San Diego, State of Califor- nia, described as follows: Beginning at the most Easterly corner of Lot 18, Seaside Lands, Map No. 1722, as filed in the office of the County Recorder of San Diego County; thence South 55*27' West, 189.86 feet to the Southwesterly corner of Lot 18, being the Easterly right of way line of the Santa Fe Railway; thence along the Easterly line of the Santa Fe Railway 440.74 feet to the true point of beginning; thence along the Easterly line of said Railway right of way line 144.52 feet; thence North 53*14' East, 124.15 feet; thence North Oo21*45'~ East, 52.37 feet; thence North 89*37'15'' East 60.89 feet; thence along the Westerly right of way line of the California State Highway on a radius of 1160 feet through an angle of 10*58t36tt a distance of 222.21 feet; thence North 85@O3'3Ot8 %est, 9.09 feet to a tangent 379.95 feet radius curve to the left; thence along the arc of said curve 78.16 feet through a central angle of 11°47t10*4 to the true point of beginning, SECTION 4, That the taking and acquiring by said City of 14 Carlsbad of the land and propery hereinbefore described is deemed 15 16 treatment of sewage originating within the City of Carlsbad; that 17 18 necessary for the construction of works and improvement for the such use is a public use, and that f r such public use it is nece'ssary that the'city of Carlsbad condemn and acquire said land, 19 20 21 22 23 24 25 26 m 28 SECTION 5. That the City Attorney of the City of Carlsbad be, and he is hereby authorized and instructed to commence an action in the Superior Court of the State of California, in and for the County of San Diego, in the name and on behalf of the City of Carlsbad and against all owners and claimants of the above land, for the purpose of condemning and acquiring said land for the use of the City of Carlsbad. PASSED, APPROVED and ADOPTED this 17th day of May, 1955, by the following vote, to wit: 29 AYES : 30 NOES : c - e@ 31 ABSENT : 32 RAYMOND C, EDE, Mayor ATTEST : of the City of Carlsbad, Carlsbad, California M. 0, EWAL,D, City Clark -2-