HomeMy WebLinkAbout1959-09-08; City Council; Resolution 584RESOLUTION NO, 584
A RESOLUTION A CONDEMNATION OF CERTAIN 33ASEMENTS FOR SEWER ASSESSMENT DISTRICT NO. 3-1958.
LVED by the City of Carlsbad, a municipal corporation, that it
finds and determines and hereby declares as follows:
1, That public interest and necessity require the acquisition, construc-
tion and completion by the City of Carlsbad, County of San Diego, State of
California, of a public improvement known as "Assessment District No. 3-155
2. That public interest and necessity require the acquisition for said
sewer system of certain easements for the laying of sewer main lines in the
real property hereinafter described as Parcel I, Parcel 2, Parcel 3, and
Parcel 4;
3, That the use of all the said lands for such easements for sewer
pipe lines is a public use authorized by law;
4. That the taking of said lands is necessary for the public use and
that it is necessary that all of the said easements in said lands be so taken;
5. That the s&d proposed sewer mains are planned and located in a
manner which will be most compatible with the greatest public good and the
least private injury; and
BE IT FURTHER RESOLVED that the City Attorney is hereby
authorized, empowered and directed in the name of the City of Carlsbad to
acquire easements in the hereinafter described lands by donation, purchase,
or by condemnation in accordance with the provisions of Part 3, Title 7 of
the Code of Civil Procedure of the State of California;
To prepare and prosecute in the name of the City of Carlsbad, such
suit or suits in the proper courts having jurisdiction thereof, as are necessar:
to condemn said lands for such easements for said proposed sewer system;
To make an application to said 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 possession of said lands by the City of
Carlsbad, and for an order permitting the City of Carisbad to take immediate
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possession and use of said lands for easements for the purpose of placing
sewer main pipes therein and thereunder; I I To make deposit of such security out of proper funds under the control
of the City of Carlsbad in such amount or amounts so-fixed and determined,
and in such manner as the court, in which the condemnation proceedings
hereby authorized are pending, may direct;
The real property in which the City of Carlsbad by this resolution f authorizes to acquire for said sewer main pipes right of way in connection
with ''ASsessment District No. 3*-&958", are described as follows:
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ch is now owned by San Marino Corporation, a California Corporation, as
to that portion of Parcel I, lying westerly of the southerly extension of the
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i I center line of Clearview Drive subject to a Deed of Trust to the Union Title
Insurance and Trust Company; Trustee, in favor of James M. Takahashi and
Ruth Y. Takahashi, husband and wife as joint tenants, as to an undivided
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Takahashi andButh Y. Takahashi, husband and wife as joint tenants, as to
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An easement and right of way to loeate, relo reconstruct, maintain, operate and repair .a appurtenances thereto through, over, under a portion of Lot "I" of RANCHO AGUA HED Carlsbad, County of San Diego, State of California,' according to Partition Map-thereof No,. 823, filed in the office of the County Gecorder of said County, November 116, 1896, said Easement being 10.00 feet in width described as follows:
Beginning at the intersection of the center line of Sunnyhill Drive and the Soutkerky subdivision line of Carlsbad Highlands No. 2, Map 2825; thenc? North 64" 17f 25f' East 13.45 feet to the Eioutherly %e of said subdivision be
195.00 feet; thence North 03" 03' 4
on the Southerly line of said subdivision; thence South 48" 12' 02" West 24.88 feet; thence Southwest corner of
; thence South 86" 56'
I 40" East 46.01 feet; e South 86" 56* 20" East st 44,83 feet to a point
South 03" 03' 4 195.00 feet to t
feet to the Southeast copner North 86" 56' 20" West 170. Lot 65 of said subdivision
Sai vision; thence S
the POJNT OF BEGINNING;
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a31 undivided one-half interest, and IBA BROTHERS, a general partnership,
as to an undivided one-half interest, subject to a Deed of Trust covering a
portion of Parcel 1 to the Security Trust and Savings Bank of San Diego,
Trustee, in favor of Donald A. Briggs and Lorraine H. Briggs, husband and
wife, as joint tenants.
PARCELNO, 2.
An easement and right of way to locate, relocate, construct, reconstruct, maintain, operate and repair a sanitary sewer and
appurtenances thereto through, over, under and along, and across a portion of Lot "1" of RANCHO AGUA HEDIONRA, in the City of Carlsbad, County of San Diego, State of California, according to the Partition Map thereof No,. 823, filed in the
office of the County Recorder of said County, November 16,
1896, said easement being 10.00 feet in width, described as
follows:
Beginning at the Southwest corner ot 56 in Carlsbad Higldmds No. 2, Map 2825, being the TRUE T OF BEGHNIMG; thence South 48" 12t 02" West 14.18 feet int on the Southerly line of said subdivision; thence South 86" 56' 20" East 180.05 feet to a
point on the Westerly line of Lot 48 of said subdivisian, being North 03" 03I 40" East 8.00 feet f the Southwest corner of Lot 48 i~ said subdivision; thence th 03" 03% 40" East 10.00
feet; thence North 86p 561 20" We 0.00 feet along the Southerly
line of said subdivision to the TRUE POIMT OF BEGEDU",
which is owned by IBA BROTHERS, a general partnership, as to an undivided
one-half interest, and JAMES M, TAKAHA and RUTH Y, T-BT,
as to an undivided one-half interest,
PARCEL NO. 3.
An easement and right of way to locate, relocate, construct, reconstruct, maintain, operate and repair a sanitary sewer
and appurtenances thereto through, over, under, and along, and across a portion of Lot "I" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Partition Map thereof No. 823, filed in the office of the County Recorder of said County, November 16,
1896, said Easement being described as follows:
Beginning at the Southeast corner of Lot 48 of Carlsbad Highlands No. 2, Map 2825; thence North 63" 11' 07" East 16.07 feet along
the Southerly line of said subdivision to the TRUE POmT OF BEGINNmG; thence South 86" 56* 20" East 21.06 feet; thence North 03" 03' 40" East 12.10 feet to a point on the Southerly line of said subdivision; thence South 63" llr 07" West 24.29 feet to the TRUE POINT OF BEGINNING,
which is owned by IBA BROTHERS, a general partnership, as to an undivided
one-half interest, and JAMES M. TA3CAHASHI and RUTH Y, TAKAHASHI as
to an undivided one-half interest,
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PABCEL NO, 4.
An easement and right of way to locate, relocate, construct, reconstruct)\ maintain, operate and repair a sanitary sewer and appurtenances thereto through, over, under and along, and across a portion of Lot 48 of Carlsbad Highlands No, 2, in the
City of Carlsbad, County of San Diego, State of California, according to Map No. 2825, filed in the office of the County Recorder of said County, December 5, 1951, said Easement
being 10.00 feet in width, described as follows:
Beginning at the Southeast corner of Lot 48 of Carlsbad Highlands No. 2, Map 2825; thence North 03003' 40" East
8.00 feet along the Easterly line of said lot to the TRUE POINT OF BEGINNING; thence continuing North 03" 03' 40" East along said Easterly line 10.00 feet; thence North 86" 56' 20" West 170.00 feet to a point on the Westerly be of said lot; thence South 03" 03' 40" West 10.00 feet to a point that is North
03" 03' 40'' East 8.00 feet from the Southwest corner of said lot;
thence South 86" 56* 20" East 170.00 feet to the TRUE POINT OF BEGJNMNG,
which is owned by Angelo Baffa and Sophie Baffa, husband and wife, as
joint tenants, subject to a Deed of Trust to the Security Title Jnsurance
Company, Trustee, in favor of Briggs Land Corporation.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad, at an adjourned regdar meeting held on the 8th day of September,
1959, by the following vote, to wit:
AYES: Councilmen Grober, Sonneman, Ledgerwood, McPherson and Coats.
NOES: None
ABSENT: None
Carlsbad; California
ATTEST:
-. PRICE, City Clerk
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