HomeMy WebLinkAbout1995-11-07; City Council; Resolution 95-318b
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RESOLUTION NO. 95-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBE AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN RE
PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STAT€ OF CALIFORP AND DECIARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, the City Council of the City of Carlsbad has previously adopted I
No. 94-87 approving with conditions Tentative Map CT 92-02, and requiring the de
provide offsite road easements and construct offsite roads within said easements in c(
with the development of its property known and designated as Sambi Seaside Heigt-
WHEREAS, the City of Carlsbad may exercise the right of eminent doma
acquisition of real property of interests therein for street and other purposes pursuant to
Streets and Highways Code Section 4090 and Government Code Sections 37350, 37
37353; and
WHEREAS, the real property or interests therein sought to be acquired for the
project are located within the territorial limits of the City of Carlsbad; and
WHEREAS, the real property or interests therein sought to be acquired are nec,
the proposed project; and
WHEREAS, the City of Carlsbad has established the amounts which it believes
just compensation for the hereinafter described real property or interests therein sou
acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carl
offered to the owners of said real property or interests therein the full amount establish
compensation for said real property or interest therein sought to be acquired; and
WHEREAS, the City of Carlsbad has provided said owners of said real pn
interests therein a written statement of and summary of the basis for the amount estak
just compensation for the real property or interests therein sought to be acquired; an
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EXHIBIT 5
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1 WHEREAS, a reasonable length of time has expired since the date of the of!
2 11 owners of the real property or interests therein sought to be acquired, and the owners h,
3 11 to favorably respond to the offers of the amounts established by the City of Carlsbe
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compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure
1245.235, the owners of the real properly of the interest therein sought to be acquirc
names and addresses appear on the current equalized County Assessment Roll, have t
a Notice of Intention to Adopt a Condemnation Resolution, and have been provide(
1o opportunity to appear and be heard on the matters referred to in California Codc
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NOW, THEREFORE, be it resolved that the City Council of Carlsbad finds and de 12
Procedure, Section 1240.030.
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The public interest and necessity require the proposed project. 14
and hereby declares that:
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The proposed project is planned and located in a manner which will be most cc
with the greatest public good and the least private injury.
The real property or interests therein, hereinafter described in this Resolu
necessary for the proposed project.
The proposed project is a matter of public necessity.
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Freeland & McKinley (hereinafter "special counsel") be, and is, authorized and empowt *' BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asarc 26
described in this Resolution, be taken. 25
The public interest and necessity require that the property or interests therein, hl 24
by law.
directed in the name of the City of Carlsbad to acquire by donation, purchase, or conde
The use of all and each every part of said hereinafter described real property or
therein for the use and purposes of the proposed project is a public use and a use a1
I/
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in accordance with the provisions of the Code of Civil Procedure of the Sate of Californi
to eminent domain the hereinafter described interest in real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or SL
proper court having jurisdiction thereof as are necessary to condemn, take, and acc
hereinafter described real property, or any part thereof, for the proposed project.
To make an application to said court for an order determining the amounts of I
be deposited as security for the payment of the just compensation which will be ma(
taking of the real property or any part thereof, or interests therein necessary for the i
project and any damage incident thereto, and to make application to said court for
permitting the City of Carlsbad to take immediate possession of and to use said real pro
part thereof, or interest therein, sought to be condemned for the proposed project;
The real property referred to in this Resolution is situated in the City of Carlsbac
of San Diego, State of California, and is more particularly described in the parcel de:
attached hereto and marked Exhibit “A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit!
held on the 7th day of NOVEMBER , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
&L- v4 - n
... ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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EXHIBIT A
The legal descriptions for the required property are on file
in the Engineering Department,