HomeMy WebLinkAbout1970-07-15; City Council; 221; Sheffler CondemnationTHE CITY OF CARLSBAD, CALIF' ORNIA
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Agenda Bill No. £ $J Date: July 15, 1970
'Referred To :
Subject: Submitted By:
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Sheffler Condemnation Attorney
Statement of the Matter
Engineering requests that we proceed with condemnation of the reservoir
site on the Sheffler property as part of the water system's improvement.
If you wish to proceed on this basis, please pass the attached resolution,
Exhibit
Resolution No. // fo /\^
Staff Recommendations
AS NO..Z.Z,/ Date: July 15, 1970
city Manager's Recommendation that the resolution be adopted and the
City Attorney instructed to proceed with condemnation of the property
for reservoir and right of way purposes. .
Council Action
7-21-70 Resolution #1762 was adopted condemning the reservoir site
on the Sheffler property and authorization given to proceed with the
coreborings.
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OF WAY PURPOSES.
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RESOLUTION NO, 1762
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD AUTHORIZING AND DIRECTING
CONDEMNATION OF LAND FOR RESERVOIR AND RIGHT
Be it resolved by the City of Carlsbad, a Municipal Corpora-
tion of the State of California, hereinafter referred to as CITY,
by its City Council,as follows:
1. That CITY hereby finds and determines as follows:
(a) That there are located in the City of
Carlsbad, County of San Diego, State of
California, the following described parcels
of real property: Parcel A, particularly
described on Exhibit A, attached hereto and
by this reference incorporated herein;
Parcel B, particularly described on Exhibit
B, attached hereto and by this reference in-
corporated herein; and Parcel C, particularly
described on Exhibit C, attached hereto and
by this reference incorporated herein.
2. That the public interest and necessity required the
acquisition by CITY of a fee simple interest in Parcel A
for reservoir purposes.
3. That the public interest and necessity required the ac-
quisition by CITY of a perpetual right of way easement in Parcel B
for purposes of erecting, constructing, reconstructing, replacing,
repairing, maintaining, and operating a section of water main, and
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appurtenances, in, upon, over, and across said Parcel B.
4. That the public interest and necessity required the ac-
quisition by CITY of a perpetual right of way easement in Parcel C
30;; for purposes of erecting, constructing, reconstructing, replacing,
31 j repairing, maintaining, and operating an access road to said reser-
32 voir, and appurtenances, in, upon, over, and across said Parcel C,
5. That the public interest and necessity required the con-
struction and completion in Parcel A of a reservoir, in Parcel B
of a section of water main and appurtenances, and in Parcel C of
an access roadway and appurtenances.
5 6. That the taking of said estates and rights in Parcels A,
5 B, and C is necessary for said acquisition, construction and com-
pletion.
g 7. That the uses to which said estates and rights in said
9 Parcels A, B, and C are to be applied are uses authorized by law.
10 8- That the City Attorney of CITY is hereby authorized and
11 directed on behalf of CITY to acquire said estates and rights in
12 Parcels A, B, and C under the laws of eminent domain of the State
13 of California, and to pay the costs of said acquisition from City
14 funds. The City Attorney of CITY is further authorized and di-
15 rected to take all necessary steps pursuant to Section 1242.5 of
16 the Code of Civil Procedure and other applicable laws to obtain
17 permission to survey and explore Parcel A to determine its suit-
18 ability for reservoir purposes, and to pay the costs of obtaining
19 such permission from City funds.
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PASSED, APPROVED, AND ADOPTED at a meeting of the City Counci
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of the City of Carlsbad, California, held July 21st , 1970,
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by the following vote, to wit:
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AYES: Mayor Dunne, Councilman McComas, Jardine, Castro and
24 , Lewis.
None.
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ABSENT: None.
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27! DAVID M. DUNNE, Mayor
28 ATTEST:
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30 i MARGARt-T b. ADAMS, City Clerk
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All of that portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 283, filed
in the office of the County Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at the most northerly corner of Lot 17 of Ocean View Estates as
shown on map thereof No. 5825, filed in the office of the County Recorder of San
Diego County, January 25, 1967;
Thence North 58° 59' 34" East, a distance of 242.89 feet to the true point of
beginning of the portion to be described;
Thence from said true point of beginning South 23° 20' 06" East a distance
of 415.52 feet;
Thence North 66° 39' 54" East, a distance of 291.47 feet;
' Thence North 23° 20' 06" West, a distance of 454.78 feet;
Thence South 58° 59' 34" West, a distance of 294.11 feet to the true point
of beginning of the portion described.
"EXCEPTING Therefrom that portion lying within that circular piece of land described
in deed to the City of Carlsbad, recorded December 8, 1958, under Recorder's File
No. 205757, San Diego County Records.
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All of that portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 823, filed
in the office of the County Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at the point of intersection of the center!ine of Janis Way and
the easterly subdivision boundary of Ocean View Estates as shown on map thereof
No. 5825, filed in the.office of the County Recorder of San Diego County, January
25, 1967;
Thence from said point of beginning North 58° 59' 34" East, a distance of
290.36 feet; - . -
Thence South 31° 00' 26" East, a distance of 27.00 feet;
Thence South 58° 59' 34" West, a distance of 40.00 feet;
. Thence North 23° 20' 06" West, a distance of 12.11 feet;
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Thence South 5B° 59' 34" West, a distance of 254.00 feet to the east boundary
of said Ocean View Estates;
Thence North 23° 20' 06" West, along said easterly boundary a distance of
15.13 feet to the point of beginning of the portion described.
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All of that portion of said Lot "J" of Rancho Agua Hedionda that is within a strip of
land 25.00 feet in width, being 12.50 feet in width on each side of a centerline
described as follows:
Beginning at the most northerly corner of Lot 17 of Ocean View Estates as shown
on map thereof No, 5825, filed in the office of the County Recorder of San Diego
County, January .25, 1967;
. Thence North 58° 59' 34" East, a distance of 254.00 feet;
Thence South 23° 20' 06" East, a distance of 417.00 feet;
Thence North 66° 39' 54" East, a distance of 267.97 feet, to the true point of
beginning of the centerline to be described;
Thence from said true point of beginning South 23° 20' 06" East, a distance of
553 feet, more or less, to a point on the northwesterly right of way line of
Chestnut Avenue, 60.00 feet wide, as shown on Road Survey No. 523, filed in the office
of the County Surveyor of said County;
Said 25.00 foot strip is to be lengthened or shortened so as to terminate on
said northwesterly right of way line of said Chestnut Avenue.
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