HomeMy WebLinkAbout1961-07-18; City Council; Resolution 7651
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RESOLUTION NO, 765
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, AUTHOR- IZING CONDE.MXATXON OF CERTAIN PROPERTIES FOB STREET XNIPROVEMENT PURPOSES,
RESOLVED 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, af a public improvement, to witt a public street to be known as
Beech Avenue befmeen State Street aad Roosevelt Street.
2. That public interest and necessity requires the acquisition for said
street improvement of the real property hereinafter described as Parcel L
3. That the use of all the said real property for street improvement
purposes is a public use authorized by law,
4. That the taking of said land is necessary for the public use and that
it is necessary that all of the said mal property described in Parcel I be so
taken.
5. That the said proposed street improvement is planned and located
in a manner which will be most compatible with ?he greatest public good and
least private injury; and
BE IT FURTHER RESOLVED that thR City Attorney is hereby authorize
empowered and directed in the name of the City of Carlsbad to acquire the
real property In the hereinafter described lands by donation, purchase, or by
condemnation in accordance with the provisions of Part 3, Title V of the Code
of Civil Procedure of the State of Californiaj
To prepare and prosecute in the name of the City of Carlsbad, such
suit or suits in the proper Courts having jurhdiction thereof, as are necessar;
to condemn said lands for such street improvement.
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 Caurt may
direct to be made upon the taking possession of said lands by the City of
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Carlsbad, and for an order permitting the City of CarLsbad to take immediate
possession and use of said lands for the purpose of constructing said street
improvement.
To make deposit a€ such security out of proper funds under the control
of the City Df Carlsbad in such amount or amounts so fixed and determined,
and in such manner as the Couri, in which the condemnation proceedings hereh
authorized are pending may direct.
The larger parcel of real property through which the City of Carlsbad
by this resolution authorizes to acquire for said street Improvement of Beech
Avenue between State Street and Roosevdt Street, is described as follows:
The Nartheas terly One -Half of the Southeasterly
59 feet of Lot 28, Seaside Lands, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder,
That the real property in which the City of Carlsbad by this resolution
authorizes to acquire for said street improvement purposesa is described as
follows :
Begaiming at a point on the Easterly line of Lot 28, Seaside Lands, Map No. 1722, as filed in the Office
of the County Recorder of said County, said point lying North 34" 33' West a distance of 47.00 feet from the Southeast corner of said Lot 28i thence "Ah 34" 332 West 12.00 feet along the Easterly line of said Lotj thence South 55* 27' West 20.00 feet to the tangent point of a curve of 12.00 foot radius; thence Southeasterly along said curve 18.85 feet to a point, subtending a central angle of 90*; thence North 5s5 27" East 8,QO feet to the point 0;E begindngj sdd parcel containing 174.90 square feet of area,
which is now owned by RAYMOND A. WHITEHEAD and ALETA L,
WHXTEHEAD, subject to a deed of trust to the Security Tmst & Savings Bank
of San Diego, Trustee, Fn favor of La JoUa Federal Savings and Loan Associa-
tion.
PASSED, APPROVED AND ADOPTED by the City Council of the City
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of Carlshad at a regular meeting held an the 18th day of July, 1961, by the
following vote* to wit:
AYES: Councilmen Gueuara, Bierce, La Roche, Somman and McPhersc
NOES: Hone
ABSENT: None
/ Y,
' RQCBE, Mayor
Carlsbad, CalFfornia
ATTEST:
. *J%% PRICE, City Clerk
(SEAL)
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