Loading...
HomeMy WebLinkAbout1993-06-22; City Council; Resolution 93-1834 1 2 3 4 0 0 RESOLUTION NO. 93-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY THEREOF 5 6 7 8 9 WHEREAS, the City of Carlsbad, California, proposes to improve Carlsbad Vi1 in the City of Carlsbad, hereinafter referred to as "the project"; and WHEREAS, the project requires the acquisition of certain real property interes WHEREAS, the City of Carlsbad, California, may exercise the right of eminent c lo /I the acquisition of real property interests therein for streets, slopes, drainage facilities, ' 11 12 13 14 15 the City Engineer of the City of Carlsbad; and WHEREAS, on October 21,1987, the Planning Commission adopted Resolutior 17 for the project; and 16 WHEREAS, on December 24, 1990, the Planning Director issued a negative d construction easements and other purposes pursuant to the California Streets anc Code, Section 4090, and the Government Code, Sections 37350, 37350.5 and 3735: WHEREAS, the plans for the project within the City of Carlsbad are on file in th l8 1 making findings of General Plan Consistency for the Project; and 19 WHEREAS, the real property or interests therein sought to be acquired are loc: 2o j/ the territorial limits of the City of Carlsbad, California, and are necessary for the proposr 21 I 22 I I and 23 I WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad, 24 25 has offered to the owners of said real property or interests therein the full amount e as just compensation for said real property or interests therein sought 'to be acquirec 26 WHEREAS, the City of Carlsbad, California has provided the owner of said re: 27 or interest therein a written statement and summary of the basis for the amount esta 28 just compensation for the real property or interests therein sought to be acquired; at 0 0 11 WHEREAS, a reasonable length of time has expired since the date of the o 1 owner of the real property or interests therein sought to be acquired, and the owner to favorably respond to the offer of the amount established by the City of Carlsb; 2 3 4 5 compensation; and WHEREAS, pursuant to the provision of the California Code of Civil Procedur 6 1245.235, the owner of the real property or interests therein sought to be acquired wt’ 7 with an opportunity to appear and be hard on the matters referred to in California co 9 NOTICE OF INTENTION TO ADOPT A CONDEMNATION RESOLUTION, and has bee1 8 and address appears on the current equalized COUNTY ASSESSMENT ROLL, has bl lo 11 Procedure, Section 1240.030; and WHEREAS, sufficient funds have been appropriated by the City Council of t 12 13 14 Carlsbad, California to be deposited with the court in the amount of the aforementio of the real property or interests therein sought to be acquired; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of tt 15 I\ Carlsbad, California which finds, determines and hereby declares: 16 17 18 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed project. 19 i 3. That the proposed project is planned and located in a manner which w 20 compatible with the greatest public good and the least private injury. 21 4. That the real property or interests therein, hereinafter described in this R 22 23 is necessary for the proposed project. 25 6. That the use of all and each and every part of said hereinafter desc 24 5. That the proposed project is a matter of public necessity. 1 property or interests therein for the use and purposes of the proposed project is a pub1 26 27 use authorized by law. 28 /I 2 I1 f 0 e l 1 I1 7. That the public interest and necessity require that the property or interes 2 II hereafter described in this resolution, be taken. 3 8. That the law firm of Asaro and Keagy, hereinafter referred to as "Specia 4 be, and is, authorized, empowered and directed, in the name of the City of Carlsbad, 5 in real property. 7 Procedure of the State of California related to eminent domain, the hereinafter describe' 6 by donation, purchase or condemnation, in accordance with the provisions of the Co a 9. That Special Counsel is authorized and directed to prepare and prosec 9 are necessary to condemn, take and acquire said hereinafter described real property, c lo name of the City of Carlsbad such suit or suits in the proper court having jurisdiction 11 12 13 14 15 16 thereof, for the purposed project. 10. That Special Counsel is authorized and directed to make an applicati court for an order determining the amounts of money to be deposited as security for of the real property or any part thereof, or interest therein, necessary for the propos and any damage indicated thereto, and to make application to said court for an order 17 18 19 1 1. That Special Counsel is authorized and directed to make deposit for suc 20 for such rights-of-way out of proper funds under the control of the City of Carlsbad in tl 21 determined by the court in the manner directed by the court. the City of Carlsbad to take immediate possession of and to use said real propert] thereof, or interests therein, sought to be condemned for the proposed project. i 22 12. That Special Counsel is authorized and directed to incur on behalf of 23 26 25 said real property. 24 Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits tc 13. That the real property referred to in this resolution is situated in t Carlsbad, County of San Diego, State of California, and is more particularly descri 27 28 3 il \ 1 2 3 4 0 0 parcel descriptions identified in attached Exhibit "A" incorporated by reference and rr hereof. 14. That the City Council of the City of Carlsbad, California, hereby auth approves deposit with the court, funds for the acquisition of real property or intere 5 6 consistent with the intent of this Resolution. necessary documents on behalf of the City for acquisition of said rights-of-way. 7 15. That the Mayor, of the City of Carlsbad, California is hereby authorii 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cty Council 9 of Carlsbad, California held on the 22nd day of JUNE , 1993 by thc 10 (1 vote, to wit: 11 12 AYES: Council Members Lewis, Stanton, Kulchin, Nyga 13 I! NOES: None 14 15 16 , i ABSENT: None l7 18 ATTEST: 19 1: 20 I ~ ALETHA L. RAUTEN 21 22 I (SEAL) 23 24 ~ 25 1) 26 27 28 4 e a EXHIBIT 'IA" THAT PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 2868, FILE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER 22 JULY 74 DESCRIBE AS FOLLOWS : BEGINNING AT THE MOST SOUTHERLY POINT OF SAID PARCEL 1, SAID POIN BEING THE POINT OF BEGINNING, THENCE NORTH 34 "39 '00" WEST DISTANCE OF 5.52 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY 0 SAID PARCEL 1, THENCE NORTH 56'14 '40" EAST A DISTANCE OF 162.7 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 2 THENCE SOUTH 34 "39 '00" EAST A DISTANCE OF 2.98 FEET TO THE MOS EASTERLY CORNER OF SAID PARCEL 2, THENCE SOUTH 55"21100" WEST DISTANCE OF 162.71 FEET TO THE POINT OF BEGINNING.