HomeMy WebLinkAbout2012-06-26; City Council; Resolution 2012-1541
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RESOLUTION NO. 2012-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
INTERESTS FOR THE VISTA/ CARLSBAD INTERCEPTOR
SEWER. PROJECT NO. 3492.
WHEREAS, the portion of real property that is the subject of this Resolution (the
"Subject Property") is located in the City of Carlsbad, County of San Diego, State of California, is
located West of Interstate 5 near the intersection of Cannon Road and Avenida Encinas; is a
portion of a larger parcel that is presently designated as San Diego County Assessor's Parcel
Number 210-010-42 and is legally described and depicted in Exhibits "A" and "B" hereto
(incorporated herein by this reference); and
WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed
Project") is the addition of a parallel pipeline for the Vista/Carlsbad Interceptor Sewer, Project
No. 3492; and
WHEREAS, the interest in property that is the subject of this Resolution ("Subject
Property Interest") is described in Exhibit "C" (incorporated by this reference); and
WHEREAS, the statutes that authorize the City of Carlsbad to acquire the Subject
Property Interest by eminent domain include Article I, Section 19 of the California Constitution,
Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.130, 1240.510, and 1240.610
of the California Code of Civil Procedure and Sections 37350, and 37350.5 of the California
Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That notice of the City Council's intention to adopt this Resolufion of Necessity
was duly given as required by Section 1245.235 of the California Code of Civil Procedure.
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3. On June 26, 2012, the City Council of the City of Carlsbad did hear and consider
all of the evidence presented.
4. The public interest and necessity require the Proposed Project.
5. The Proposed Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
6. That the Subject Property interest is necessary for the Proposed Project.
7. The offer required by Section 7267.2 of the Government Code has been made to
the owner of record of the Subject Property.
8. To the extent that the Subject Property is already devoted to a public use, the
use of the Proposed Project is a compatible use that will not unreasonably interfere with or impair
the continuance of the public use as it presently exists or may reasonably be expected to exist in
the future (California Code of Civil Procedure secfion 1240.510) or the use of the Proposed Project
is a more necessary public use than is the presently existing public use (California Code of Civil
Procedure secfion 1240.610).
BE IT FURTHER RESOLVED AND ORDERED that the City Attorney of the City of
Carlsbad is hereby authorized and empowered:
1. To acquire (in the name of the City of Carlsbad) the Subject Property Interest by
condemnation in accordance with the Constitution and laws relating to eminent domain.
2. To prepare and prosecute in the name of the City such proceedings in the proper
court having jurisdiction thereof as are necessary for such acquisition.
3. To compromise and settle such proceedings if such settlement can be reached
and, in that event, to take all necessary acfions to complete the acquisifion including stipulations
as to judgment and other matters and causing of all payments to be made.
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PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council
of the City of Carlsbad on the 26*^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
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LORRAINE M. WOOD, City Clerk
(SEAL)