HomeMy WebLinkAbout1963-01-21; City Council; Resolution 869a
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RESOLUTION NO. 869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING CONDEMNATICTN OF CERTAIN EASEMENTS FOR STORM DRAINAGE 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, of a public storm drainage improvement.
2. That public interest and necessity require the acquisition for said
storm drainage system of certain easements for the laying of drainage lines
in the real property hereinafter described as Parcel 1 and a temporary working
easement to lay said drainage line in the real property hereinafter described
as Parcel 2;
3. That the use of all the said lands for such easements for drainage
purposes 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 said proposed drainage system is planned and located in
a manner which will be most compatible with the greatest public good and the
least private injuiry;
and
BE IT FURTHER RESOLVED that the City Attorney is hereby author-
ized, 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 necessary
to condemn said lands for such easements for said proposed storm drainage
system.;
To make an application to said court for an order fixing the amount or
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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 Carlsbad to take immediate possession and
use of said lands for easements for the purpose of placing drainage lines thereir
and thereunder;
To make deposit of such security out of proper funds under the control oj
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
authorized to acquire for said drainage system right-of-way is described as
follows :
PARCELNO. 1.
An easement and right-of-way to locate, relocate, construct,
reconstruct, maintain, operate and repair a storm drain and
appurtenances thereto through, over, under and along, and across a portion of Lot 16, Block G , Bellavista, Map No. 2152, filed in the office of the Recorder of said County of San Diego, State of California, March 7, 1929, said easement being twenty feet (20') in width lying ten feet (lo*) on each side of the following described centerline:
Beginning at the most Northerly corner of Lot 16, Block G of Bellavista, according to Map thereof No. 2152; thence South
26" 12* 00" West on the Northwesterly line of said lot, 78. 39
feet to the True Point of Beginning; thence South 22" 58r 00" East, 50. 00 feet to the terminus of said center line of said easement.
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The real property in which the City of Carlsbad by this resolution is
authorized to acquire a temporary working right-of-way is described as
follows :
PARCEL NO. 2.
A temporary easement and right-of-way to locate and construct a storm drain and appurtenances thereto as described in Parcel 1 herein over, under and along, and across a portion of Lot 16, Block "G**, Bellavista, Map No. 2152, filed in the office of the
Recorder of said County of San Diego, State of California,
March 7, 1963, said temporary working easement being twenty
feet (20') in width lying ten feet (10') on each side of the following described center line:
rr cr Beginning at the most Northerly corner of Lot 16, Block G of Bellavista according to Map thereof No. 2152; thence South 26" 12' OO'* West on the Northwesterly line of said lot, 78. 39 feet
thence South 22" 58' 00" East, 50. 00 feet to the True Point of Beginning; thence continuing South 22" 58' OO'* East, 165.80 feet
to the terminus of said center line of said easement.
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That Parcel 1 and Parcel 2 are part of a larger parcel owned by
E. P. 0, H. Investment Club, a partnership, subject to a Deed of Trust to the
Security First National Bank, Trustee, in favor of Ernest Kaminsky and
Alice Haminsky, husband and wife as joint tenants.
PASSED, APPROVED AND ADOPTED by the City Council of the City
adjourned of Carlsbad at a regular/meeting held on the 21st day of January , 1962
by the following vote, to wit:
AYES:
NOES: None
ABSENT: Councilman Bierce
Councilmen Guevara, McPherson, Neiswender and Hughes.
2 ,&+ I- $3 /q )/!!&q/L&/&-q
E. H. MC PHERSON, Mayor
of the City of Carlsbad,
Carlsbad, California
ATTEST:
.
(SEAL)
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