HomeMy WebLinkAbout1963-01-21; City Council; Resolution 8721
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RESOLUTION NO. 872
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, AUTHOR-
IZING CONDEMNATION OF CERTAIN
PROPERTIES FOR WORKS FOR THE DIS-
POSITION OF SEWAGE AND APPURTEN-
ANCES THERETO, AND AMENDING RESOLUTION NO. 774.
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, constructior
and completion by the City of Carlsbad, County of San Diego, State of California
of a public improvement, to wit: Works for the disposition of sewage and
appurtenances thereto.
2. That public interest and necessity requires the acquisition for said
sewer works of the real property hereinafter described as Parcel 1 and Parcel
2.
3. That the use of all the said real property for works for the disposition
of sewage is a public use authorized by law.
4. That the taking of said land is necessary for the public use and that
real property described is Parcel 1 and Parcel 2 be so taken.
5. That the said proposed sewer works is planned and located in a
manner which will be most compatible with the greatest public good and least
private injury; and
BE IT FURTHER RESOLVBD that the City Attorney is hereby authorized
empowered and directed in the name of the City of Carlsbad to acquire the
real property in the hereinafter described land 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 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 sewer disposal works.
To make an application to said Court for an order fixing the amount of
amounts of such security in the way of money deposits as said Court may direct
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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 the purpose of constructing said sewer disposal works.
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.
Parcel 1 and Parcel 2, which the City of Carlsbad by this resolution
authorizes the City to acquire for sewer disposal works, are each part of a
larger parcel.
That the parcels of real property in which the City of Carlsbad by this
resolution authorizes to acquire for said sewer disposal work, are described as
follows:
PARCEL1.
All that portion of Fractional Section 20, Township 12 South, Range 4 West, S. B. M,, according to United States Government Survey, described as follows:
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Beginning at the Northwesterly corner of Lot 19, Block 21 of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County,
April 6, 1927, said corner being also a point on the Easterly
line of the Atchison, Topeka and Santa Fe Railroad right of way
as shown on said Map No. 2013; thence North 19" 06' 40" West
along the Easterly line of said Railroad right of way, a distance
of 1204.95 feet to an intersection with the South line of Lot H of
Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the said County Recorder, November 16, 1869;
thence South 89" 49* 37" East along said South Line, a distance
of 921.52 feet; thence South 28" 51' 42" East, 633.25 feet; thence
South 61" 08' lljri West, 341.46 feet to a point on the Northerly line
of La Loma Boulevard as shown on said Map No. 2013, said point
being on a 60.00 foot radius curve concave Southerly; thence
Southwesterly along said curve a distance of 59.41 feet, through a central angle of 56" 43' 47"; thence South 61° 08' 18'' West,
484.10 feet; thence South 19" B6* 40" East, 114. 94 feet; thence South 50" 20' 20rr West, 42. 19 feet; thence South 68" 53' 20" West, 68. 75 feet to the point of beginning,
which is now owned by Jessie I. Schuyler;
PARCEL 2.
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All that portion of Lot H of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1869, described as follows:
Beginning at the Northwesterly corner of Lot 19, Block 21 of
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La Costa Downs Unit No. 1, according to Map thereof No. 2013,
filed in the office of said County Recorder, April 6, 1927, said corner being also a point on the Easterly line of the Atchison, Topeka and Santa Fe Railroad right of way as shown on said Map No. 2013; thence North 19" 06* 40" West along the Easterly line of said Railroad right of way, a distance of 1204.95 feet to
an intersection with the South line of said Lot H; thence South
89* 49* 37" East along said South line, a distance of 921.52 feet to the TRUE POINT OF BEGINNING; thence North 28" 51' 42" West, 650.00 feet; thence South 61" 08' 18" West, 832.64 feet to an intersection with a 2914.93 foot radius curve concave Westerly; thence Southerly along said curve a distance of 183. 47 feet, through a central angle of 3" 36l 23"'; thence South 89" 49l 37'* East, 1013. 28 feet to the true point of beginning,
which is now owned by Tryatt Investment Company, as to an undivided 24165th
interest, and Roy H. Sheldon as to the remainder of Parcel 2, subject to a
deed of trust, recorded October 22, 1957, to the Security Trust and Savings
Bank of San Diego, now Security First National Bank, Trustee in favor of
P. A. Horton and Eva M. Horton, beneficiaries; subject to a deed of trust
recorded December 4, 1956 to the Security Trust and Savings Bank of San
Diego, now Security Frist National Bank, Trustee, in favor of P. A. Horton
and Eva M. Horton, beneficiaries; subject to a deed of trust recorded Septembe
16, 1959, to Security Title Insurance Company, Trustee, in favor of Security
Title Insurance Company, beneficiary; and subject to an instrument executed
by Roy H. Sheldon recorded October 15, 1959 in which he acknowledges he
holds an undivided 1/65th interest in said real property beneficially for Edward
stout.
PASSED, APPRQVED AND ADOPTED by the City Council of the City of
Carlsbad at a regular adjourned meeting on the 21st day of January, 1963,
by the following vote, to wit:
AYES: Councilmen Guevara, McPherson, Neiswender and Hughes.
NOES: None
ABSENT: Councilman Bierce
h
E. H. MC PHERSON, 'Mayor of the City of Carlsbad,
Carlsbad, California ATTEST:
(SEAL) -3-