HomeMy WebLinkAbout1986-02-11; City Council; Resolution 8399- I-
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RESOLUTION NO. -8399-
RESOLUTION OF THE CITY COIJNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, DESCRIBING PROJECT AND PROPERTY FOR EMINENT DOMAIN PROCEEDINGS AND AUTHORIZING THAT SAID PROCEEDINGS BE COMMENCED TO ACQUIRE SAID PROPERTY
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has previously adopted its Resolution of Intention pursuant to the
provisions of the "Municipal Improvement Act of 1913", being
Division 12 of said Code, for the construction of certain public
works of improvement, together with appurtenances and acquisition,
where necessary, in a special assessinent district known and
designated as
ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, in order to accomplish construction of the works of
improvement in the Assessment District, iit is necessary to acquire
certain property by eminent domain, including the right of
temporary occupancy of adjacent lands for construction purposes,
hereinafter collectively called "Subject Property"; and,
WHEREAS, pursuant to Section 1245.235 of the Code of Civil
Procedure, said City Council has fixed a time and place for public
hearing on the matters referred to in Sec:tion 1240.030 of the Code
of Civil Procedure, and has given each person who owns or claims a
right in said Subject Property proposed to be acquired by eminent
domain and whose name and address appears on the last equalized
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County Assessment Roll, Notice, and a reasonable opportunity to be
heard in the time, form and manner required by law; and,
WHEREAS, at this time all testimony and evidence has been
heard and considered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That said Subject Project to be taken by eminent
domain is for a public use, to-wit: Construction of certain
street improvements in JAMES DRIVE between OAK AVENUE and BASSWOOD
AVENUE, including grading, paving, curb and gutter, drainage faci-
lities, water and sewer improvements, and public utility facili-
ties, together with appurtenances and appurtenant work.
SECTION 3. That the City is authorized and empowered to
commence eminent domain proceedings to acquire said Subject
Property pursuant to the statutes specified as follows:
Sections 37350 and 37350.5 of the Government Code;
Eminent Domain Law, being Title 7, Part I11 of the Code
of Civil Procedure.
SECTION 4. That a description of the general location and
extent of said Subject Property to be taken by eminent domain is
set forth on Exhibit "A" attached hereto and made a part hereof.
SECTION 5. That it is hereby found, determined and declared
as follows:
(a) That, to the extent acquisition of said
Subject Property results in a remnant as defined in Code of Civil
Procedure Section 1240.410, said remnant shall be acquired by
eminent domain herein, pursuant to said Section.
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(b) That the public interest and necessity
require the acquisition of the Subject Property;
(c) That the improvements in the Assessment
District are planned or located in the manner that will be most
compatible with the greatest pub ic good and least private injury;
(d) That said Subject Property sought to be
acquired is necessary for the successful completion of the
improvements within the Assessment District; and
(e) That an offer of just compensation has been
made to the owner or owners of record of the Subject Property in
the time, form and manner required by law.
SECTION 7. That F. MACKENZIE BROFFJN, INC. is hereby autho-
rized and directed to commence an action in the Superior Court of
the State of California, for the County of San Diego, in the name
and on behalf of the City, against those persons who appear on
record or who are known to have a claim or interest in said
Subject Property described in Exhibit "A", for the purpose of
acquiring said Subject Property by eminent domain for the public
use described herein, and to make application for possession of
said Subject Property prior to judgment.
SECTION 8. That the officers of the City are hereby autho-
rized and directed to withdraw necessary sums to deposit with the
Superior Court as the probable amount of compensation that will be
awarded in the eminent domain proceedings to acquire said Subject
Property described in Exhibit "A".
SECTION 9. That the officers of the City are hereby autho-
rized and directed to take any appropriate action consistent with
the purposes of this Resolution.
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PASSED, APPROVED and ADOPTED at a regular meeting of the City
ouncil held on the 11th ., d-ay, of February _._ . , 1986, by the -.
ollowing vote, to wit:
I AYES : Council Members Casler, Lewis, Chick and Pettine
N 0 E s : Council Member Kulchin
\TTEST:
(SEAL)
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EXHIBIT "A"
LEGAL DESCRIPTION
That .portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to
Map of No. 1661, on file in the office of the County Recorder of
said County and State, and that portion of Basswood Avenue, as per Map thereof No. 1681 of Thum Lands, on file in the Office of
the County Recorder of San Diego County, more particularly described as follows:
That portion of the land described in a Deed to Lloyd E. Stein and Leone Stein recorded July 21, 1983, as File/Page No. 83-250153,
records of said County and State, lying within the following described land;
That portion of the described land lying Southerly of a curve concave Northerly and having a radius of 20.00 feet, said curve
being tangent Northwesterly with the Southwesterly line of said land and tangent Northeasterly with the Northerly line of Basswood
Avenue (60.00 feet wide), said line being parallel with and distant 30.00 feet Northerly from the centerline of said Basswood
Avenue.
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to
-Map of No. 1661 , on file in the office o:E the County Recorder of
said County and State, and that portion of Basswood Avenue, as
per Map thereof No. 1681 of Thum Lands, on file in the Office of
the County Recorder of San Diego Count:y, more particularly described as follows:
That portion of the land described in a Deed to Lloyd E. Stein and Leone Stein recorded July 21, 1983, as File/Page No. 83-250153, records of said County and State, lying within the following described land;
That portion of the described land 1yin.g Southerly of a curve
concave Northerly and having a radius of 20.00 feet, said curve
being tangent Northwesterly with the Southwesterly line of said land and tangent Northeasterly with the Northerly line of Basswood Avenue (60.00 feet wide), said line being parallel with and
distant 30.00 feet Northerly from the centerline of said Basswood
Avenue.