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Home My WebLink About1980-03-18; City Council; Resolution 6122RESOLUTION NO. 6122 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES FOR THE WIDENING AND EXTENSION OF TAMARACK AVENUE, THE INSTALLATION OF REVERSIBLE FORCE SEWER MAIN AND EFFLUENT DISPOSAL LINE, DRAIN- AGE IMPROVEMENTS, IRRIGATION LINE, PUBLIC UTILITIES AND RELATED PUBLIC FACILITIES. WHEREAS, the City Council of the City of Carlsbad, Zalifornia is proposing a public improvement as described herein; and WHEREAS, the Planning Commission determined at their regular meeting, held February 27, 1980, that the proposed acquisition and project is consistent with the City's General Plan, as required by Government Code Section 65402 and Carlsbad Municipal Zode Section 2.24.065; and WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Zommission and the City Council, and the final report has been zertified as complete in satisfaction of the requirements of the Zity of Carlsbad Environmental Protection Ordinance of 1972, as amended, and the California Environmental Quality Act; and WHEREAS, the Planning Commission of the County of San Diego, at their meeting held March 14, 1980 approved a street Dpening permit for the proposed Tamarack Avenue extension and found the project to be consistent with the County's General Plan, according to Government Code Section 65402; and WHEREAS, the City Council has held a public hearing according to the provisions of Code of Civil Procedure Section 1245.235; and WHEREAS, after said public hearing, the City Council of the 1 2 3 4 5 6 7 8 9 10 11 12 d 19 20 21 22 23 24 25 26 27 28 City of Carlsbad finds and determines and hereby declares as follows: 1. acquisition, construction and completion by the City of Carlsbad, County of San Diego, State of California, of public improvements, to wit: The widening and extension of Tamarack Avenue east of El Camino Real, the installation of a reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines, public utilities and related facilities to serve and provide access to a Sewage Treatment and Reclamation Facility and the Lake Calavera Hills master planned area in the City of Carlsbad. That public interest and necessity require the 2. That public interest and necessity require the acquisition of public easements for street and other related purposes for said public improvements over real property as described in Exhibit A, attached hereto and made a part hereof. 3. The City of Carlsbad, California, is authorized to condemn said real property for the purposes herein described by Code of Civil Procedure Sections 1240.010, 1240.110, 1255.410 and 124.120; Government Code Sections 37350.5, 38730, 38900, 39040, 39732, 40404, 54309, 54309.1, 54340 and 54341; and Streets and Highways Code Sections 2380, 4090(c), 5023, 5023.1, 5101, 5102 and 10102. 4. That the use of all said real property for street widening and extension, reversible force main, effluent disposal line, irrigation lines, public utilities and related public facilities are public uses authorized by law. 5. That the taking of said real property described herein 2. 1 2 3 4 5 6 7 8 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 is necessary for the public use and that said real property be so taken. 6. That the said proposed public improvements are planned and located in a manner which will be most compatible with the greatest public good and least private injury. 7. That the Planning Commission has reported that these public improvements are consistent with the Carlsbad General Plan pursuant to Government Code Section 65402 as implemented by Section 2.24.065 of the Carlsbad Municipal Code. 8. That the County Planning Commission has reported that these public improvements are consistent with the County General Plan pursuant to Government Code Section 65402. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2, That the City Attorney, individually, or in association with outside counsel, is hereby authorized, empowered and directed in the name of the City of Carlsbad as follows: A. 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 VI1 of the Code of Civil Procedure of the State of California. B. To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper courts having jurisdiction over such suit or suits, as are necessary to condemn said lands for the public improvements herein described. C. To make application to said court for an order, pursuant to Code of Civil Procedure Section 1255.410, fixing the 3. 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 to take immediate possession and use of said lands for the purpose of constructing said public improvements. D. 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 such manner as the Court in which the condemnation proceedings hereby authorized are pending may direct. 3. That the real property which the City of Carlsbad by this resolution authorizes to acquire for street widening and extension, construction of reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines and public utilities and related public facilities is described in Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 18th day of March , 1980 by the following vote, to wit: AYES: NOES: None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Cas1 er ABSENT: None RONALD C. PACKARD, Mayor ATTEST: (SEAL) 4. . 4.?" EXHIBIT "A" IBIT .A TO RESOLUTIOBT @ 6122 AN EASEMENT AND RIGHT OF WAY TO FACILITATE PUBLIC ACCESS, UTILITY EASEMENTS, APPURTENANCES OVER ALL TIIAT PORTION OF LOTS AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARTITION MAP NO. COUNTY RECORDER OF SAID SAN DIEGO COUl?T'Y NOVEMBER 16, 1898 DESCRIBED AS FOLLOWS: STORY1 DRAINAGE CONTROL AND LAPJD USE AND NECESSARY "E" AND "I" OF RANCHO 823 FILED IN TEE OFFICE OF THE BEGINNING AT THE INTERSECTION OF EL CAMINO REAL WITH TAJIARACK AVENUE PER CT 73-36 UNIT NO. 1, MAP NO. 8006: THENCE N 29'52'12"E FOR 45.00 FEET NING; THENCE N 29'52'12"E FOR 141.08 FEET 141.18 FEET); WITH A RADIUS OF 600 FEET AND A CENTRAL ANGLE OF 24'02'17" FOR 251.72 FEET (RECORD 24'03'05" 251.87 FEET); THENCE TANGENT TO SAID CURVE N 5'49'55" E FOR 113.39 FEET (RECORD N 5'24'E 113.03 FEET); THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 600 FEET AND CENTRAL ANGLE OF 12'31'49" FOR 131.22 FEET; THENCE TANGENT TO SAID CURVE N 18'21'44" E FOR 97.46 FEET, THENCE S 71" 38'16" E FOR 143.81 FEET; THENCE S 27'18'59:' E FOR 149.87 FEET; THENCE N 57'33'53" E FOR 107.74 FEET; THENCE N 66'00'06"E FOR 138.42 FEET; THENCE N 77'01'01"E FOR 108.46 FEET; THENCE N 82O44'48" E FOR 108.46 FEET; THENCE S 89'18'03'' E FOR 105.05 FEET; THENCE N 89"Ol'OO" E FOR lOO.00 FEET; THENCE N 89'C0'57" E*FOR 99.85 FEET; THENCE N 86'02'29" E FOR 91.96 FEET; THENCE N 67'55'35" E FOR 93.13 FEET; THENCE N 83'57'34" E FOR 91.94 FEET; THENCE N 68O51' 08" E FOR 91.46 FEET; THENCE N 63'07'21" E FOR 91.46 FEET; THENCE N 51"15'26" E FOR 92.93 FEET; THENCE N 55'24'00'' E FOR 300.00 FEET; THENCE N 46'52'09" E FOR 101.12 FEET; THENCE N 61'06'38'' E FOR 100.50 FEET; THENCE N 54'09'33" E FOR 93.28 FEET; THENCE N 48'41'45'' E FOR 89.97 FEET; THENCE N 46'08'04'' E FOR 90.35 FEET; THENCE N 38'40'17" E FOR 97.26 FEET; THENCE N 38" 27'00" E FOR 200.00 FEET; THENCE N 37'38'35" E FOR 94.83 FEET; THENCE N 32" 28'20" E FOR 90.47 FEET; THENCE N 26'44'33" E FOR 90.47 FEET: THENCE N 21'47'49" E FOR 95.56 FEET; THENCE N 21'12'30" E FOR 100.00 FEET; THENCE N 4'30'43" E FOR 668.83 FEET; THENCE S 89' 25'10" E FOR 244.79 FEET TO A CORNER MONUMENT COMMON TO RANCHO AGUA HEDIONDA, MAP NO. LIMIT LINE OF CARLSBAD; TEENCE S 0'34'50" W FOR 1093.81 FEET ALONG THE CITY LIMIT LINE OF CARLSBAG TO AN ANGLE POINT; THENCE N 89°25'10" W FOR 319.08 FEET; THENCE S 37630'57" W FOR 106.26 FEET; THENCE S 38O27'00" W FOR 100.00 FEET; THENCE S 41'18'45" W FOR 100.13 FEET; THENCE S 41'31'03" W FOR 101.58 FEET: THENCE S 42'57'58" W FOR 104.96 FEET; THENCE S 48'41'45'' W FOR 104.95 FEET; THENCE S 51'19'35" W FOR 103.56 FEET; THENCE s 52'32'15" W FOR 100.13 FEET; TIIENCE S 55'24'00" W FOR 100.00 ' FEET; THENCE S 58O15'45" W FOR 100.13 FEET; TIIENCE S 58'15'45" W FOR 100.12 FEET; THENCE S 55°24'00" W FOR 100.00 FEET; TIIENCE S 54'44'11" W FOR 104.55 FEET; THENCE S 60'25'012" W FOR 105.83 FEET; TIIENCE S 66OO9'36'' W FOR 106.32 FEET; THENCE S 61'31'48'' W FOR 110.56 FEET; TIIENCE N 86'38'12" 1%' FOR 110.56 FEET; THENCE S 86'02'29" 117 FOR 106.46 FEET; THENCE S 89'00'56" W FOR 100.13 FEET; THENCE S 89'01'00" W FOR 100.00 FEET; THENCE S 85'03'02" (RECOR9 N0RT.H 29'27'05"E) TO THE TRUE POINT OF BEGIN- (RECORD NORTH 29'27'05"E) . THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT 823, PORTION LOT J AND LOT E, ON THE CITY . - hr z. * c W'FOR 96.03 FEET; THENCE S 64O36'30" W FOR 96.25 FEET; THENCE S 77°01'01" W FOR 89.97 FEET; THENCE S 77'35'14" W FOR 91.01 FEET; THENCE S 77O48'51" W FOR 94.10 FEET; THENCE S 47'34'26" W FOR 94.11 FEET; THENCE S 63O22'33" W FOR 92.93 FEET; THENCE S 48O22'09" W FOR 92.4.6 FEET; THENCE S 42O38'22" W FOR 92.46 FEET; THENCE S 36'54'35" W FOR 92.46 FEET; THENCE S 31O53'39" W FOR 69.52 FEET; S 35O27'02" W FOR 55.00 FEET; TO THE BEGINNING OF A NON-TANGENT 2045 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 2045.00 FEET A RADIAL TO SAID POINT BEARS N 32O25'10"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL THENCE S 44'51'49" E FOR 132.79 FEET; THENCE ANGLE OF 5'32'58" FOR 198.07 FEET EXCEPTING THAT PORTION WHICH LIES ACCORDING TO MAP THEREOF 8006. . : I. .. TO THE TRUE POINT OF BEGINNING, WITHIN CARLSBAD TRACT 73-36, ..