HomeMy WebLinkAbout1971-01-19; City Council; Resolution 1822i
A RE
RESOLUTION NO. 1822
ILUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, AUTHORIZING AND DIRECTING CONDEMNATION
OF LANDS FOR RESERVOIR AND RIGHT-OF-WAY PURPOSES.
BE IT RESOLVED by the City of Carlsbad, a Municipal Corpora-
tion of the State of California, hereinafter referred to as the
CITY, by its City Council, as follows:
1. That the CITY hereby finds and determines as follows:
a. That there are located in the City of Carlsbad,
County of San Diego, State of California, the
following described parcels of real property:
Parcels 2-A, 2-B, 2-D and 2-E, more particularly
described on Exhibit A, attached hereto and by this
reference incorporated herein.
2. That the public interest and necessity require the ac-
quisition by CITY of a fee simple interest in Parcel
2-E for reservoir purposes.
That the public interest and necessity require the ac-
quisition of a perpetual right-of-way easement in Parcel
2-B for street and highway purposes.
That the public interest and necessity required the ac-
quisition by CITY of a perpetual right of way easement
in Parcels 2-A and 2-D for purposes of erecting,
structing, reconstructing, replacing, repairing, main-
taining, and operating a section of water main, and
appurtenances, in, upon, over, and across said Parcels
That the public interest and necessity require the con-
struction and completion in Parcel 2-E of a reservoir
and in Parcel 2-B of a section of public street and
certain utilities and in Parcels 2-A and 2-D a section
of water line and appurtenances.
That the taking of said estates and rights in Parcels
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2-A, 2-B, 2-D and 2-E are necessary for said acquisition,
construction and completion.
7. That the uses to vhich said estates and rights in said
Parcels 2-A, 2-B, 2-D and 2-E are to be applied are uses
authorized by law.
8. That the City Attorney of CITY is hereby authorized and
directed on behalf of CITY to acquire said estates and
rights in Parcels 2-A, 2-B, 2-D and 2-E under the laws
of eminent domain of the State of California, and to pay
the cost of said acquisition from City funds.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held January 19 , 1971, by the following
vote, to wit:
AYES: Cmn.. Dunne, McComas, Jardine, Lewis.
NOES: None.
ABSENT: Cmn. Castro.
DAVID M. DUNNE, Mayor -
ATTEST :
MAtGHET E. ADAMS,'City Clerk ,/f
Sheet 1 of 2 Exhibit "A"
Easement "2-A"
All of that portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, that is within the following descfibed boundary:
Beginning at the southwest corner of Lot 48 of Carlsbad Highland No. 2 as shown on Map thereof No. 2825 filed in the office of the County Recorder of San Diego County, California, December 5, 1951;
Thence from said point of beginning North 0" 03' 40" East along the west line of said Lot 48 a distance of 8.00 feet;
Thence North 86" 56' 20" West a distance of 180.05 feet to the southeasterly
Thence South 48" 12' 02" West along said southeasterly line a distance of
line of Clearview Drive as shown on said Map of Carlsbad Highlands No. 2;
17.01 feet;
Thence South 86" 56' 20" East a distance of 182.11 feet;
Thence North 0" 03' 40" East a distance of 4.00 feet;
Thence South 86' 56' 20" East a distance of 10.00 feet to the point of beginning of the boundary described;
Easement "2-B"
All of that portion of Lot ''I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, Noember 16, 1896, described as f ol 1 ows : \
Beginning at the southeast corwer of Lot 48 of Carlsbad Highlands No. 2, as shown on Map thereof No. 2825, filed in the office of the County Recorder of San Diego County, December 5, 1951 ;
Thence from said point of beginning southerly along the southerly prolongation of the east line of said Lot 48, a distance of 213.00 feet;
Thence easterly parallel with the easterly extension of the southerly line of said Lot 48, a distance of 30.00 feet;
Thence northerly along the southerly prolongation of the center line of Skyline Road as shown on said map of Carlsbad Highlands No. 2, a distance of 230.23 feet to the southerly line of said Carlsbad Highlands No. 2;
Thence southwesterly along the southerly line of said Carlsbad Highlands No. 2, a distance of 34.60 feet, to the point of beginning of the portion described.
1
(159-9-2) (2-A) (2-B)
e c.
*
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Sheet 2 of 2 of Exhibit "A"
Easement "2-D"
All of that portion of said Lot "I" of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California, according
to map thereof No. 823, filed in the office of the County Recorder of
San Diego County, November 16, 1896, that is within a strip of land
20-00 feet in width, being 10 feet in width on each side of the fol-
lowing described centerline:
Beginning at the point of intersection of the southerly prolonga-
tion of the centerline of Clearview Drive, as shown on map of Carlsbad
Highlands No. 2, as shown on map thereof No. 2825 filed in the office
of the County Recorder of San Diego County, December 5, 1951, with
that certain course shown on Record of Survey No, 4484, filed in the
office of the County Recorder of said County, as bearing North 70° 08' 30'1
East and having a length of 355-60 feet, said point of beginning being
a distance of 230.61 feet southwesterly along said course from its east-
erly terminus;
Thence from said point of beginning northerly along said southerly
prolongation of the centerline of said Clearview Drive, being also the
southerly prolongation of the next to last course of the centerline of
that 20 foot wide easement granted to Carlsbad Mutual Water Company re-
corded January 2, 1945 in Book 1794, Page 205 of Official Records of
said San Diego County, to the point of intersection with the beginning
of the last course of the centerline of said Carlsbad Mutual Water
Company easement, (said last course being described as South 40" 25' 20"
East, 297.42 feet.)
The 20 foot wide easement described herein is to be extended and shortened
so as to begin in the above described course of Record of Survey No. 4484
and to terminate in said 20 foot wide easement granted to Carlsbad Mutual
Water Company.
And Grantor does also grant to Grantee the right to extend and maintain
drainage structures and excavation and embankment slopes beyond the
limits of said rights of way easements 2-A, 2-B, 2-D, where required
for construction and maintenance.
E as eme n t I' 2 -E 'I
All of that portion of Lot "I" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described as follows:
Beginning at the southeast corner of Lot 48, Carlsbad Highlands
No. 2, as shown on map thereof No. 2825, filed in the office of the
County Recorder of San Diego, December 5, 1951;
Thence southerly from said point of beginning along the southerly
Thence westerly parallel with the south line of said Lot 48 and the
prolongation of the east line of said Lot 48, a distance of 213.00 feet;
(westerly prolongation thereof , a dis'tance OY l80,OO feet;
Thence northerly along a line that is 10.00 feet westerly of the
southerly prolongation of the west line of said Lot 48, a distance of
213.00 feet to the westerly prolongation of the south line of said Lot 48;
Thence easterly along the south line of said Lot 48 and the westerly
prolongation thereof, a distance of 180.00 feet to the point of beginning.
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