HomeMy WebLinkAbout1972-03-07; City Council; 666-1; Condemnation of sewer easement contractTHE CITY OF CARLSBAD, C A L I F' O R N I A
Supplement #1 '
Agenda Bill No. 666 Date: March 7 , 1972
'Referred To:
Subject: . Submitted By:
Condemnation of Sewer Easement Contract L. A. Moe
(Agreement between City and Occidental City Attorney
Petroleum Land & Development Corp.)
Statement of the Matter
The Resolution provides for condemnation of easement for
sewer purposes.
The agreement provides for Occidental Petroleum Land & Develop-
ment Corporat-ion to pay all costs of the condemnation proceedings
The foregoing in in accordance with the Council's request to
the City Attorney at the last Council meeting.
Exhibit
1. .Resolution 1969
2. Contract (Agreement)
Staff Recommendations
AB No. ' Pate: MaTCh 7, 1972
City Manager's Recommendation
Council Action
3-7-72 Approval was given -the Agreement between the City of Carlsbad
and Occidental Petroleum Land and-Development and the Mayor and City
Clerk were given authorization to execute sai.d Agreement.,
Resolution No. 1969 authorizing and directing condemnation of land
f'p-r sewer right of way purposes was ado.pted.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING AND DIRECTING CON-
DEMNATION OF LAND FOR SEWER RIGHT OF WAY
PURPOSES.
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7 of the State of California, hereinafter referred to as CITY, by its City
8 Council, as follows:
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1. That CITY hereby finds and determines as follows:
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(a) That there are located in the City of Carlsbad
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RESOLUTION NO. 1969
Be it resolved by the City of Carlsbad, a Municipal Corporation
County of San Diego, State of California, the
following described parcels of real property:
Parcel A, particularly described on Exhibit
15 A, attached hereto and by this reference in-
16 corporated herein, and Parcel B, particularly
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described on Exhibit A, attached hereto and by
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_ this reference incorporated herein.
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2. That the public interest and necessity required the acquisition
by CITY of a perpetual right of way easement in both Parcel A and Parcel B
for purposes of erecting, constructing, reconstructing, replacing, repairing,
23 maintaining, and operating a section of sewer, and appurtenances, in, upon,
24 over, and across said Parcels A and B.
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3. That the taking of said estates and rights in Parcels A and B is
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necessary for said acquisition, construction and completion.
4. That the uses to which said estates and rights in said Parcels
A and B are to be applied are uses authorized by law.
5. That the City Attorney of CITY is hereby authorized and directed
on behalf of CITY to acquire said estates and rights in Parcels A and B under
32 the laws of eminent domain of the State of California, and to pay the costs of
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said acquisition from City funds.
PASSED, APPROVED, AND ADOPTED at a meeting of the City
Council of the City of Carlsbad, held March 7th , 1972, by the
following vote, to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis
NOES: None.
ABSENT: None.
IE, Mayor~"oTthe-Gity of
Carlsbad, California
ATTEST:
MARGARET E. ADAM
City CLferk
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REAL PROPERTY IN THE CITY Of CARLSBAD, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA, DESCRIBED AS:
PARCEL "A": An easement for sewer purposes lying within
portions of Sections 28 and 29, Township 12 South, Range 4
West, S. B. M., said easement being 15 feet in width and
lying within the right of way, 200 feet wide, of the
Atcheson, Topeka and Santa Fe Railway right of way, the
northeasterly line of said easement being coincident with
the northeasterly line of said railroad right of way and
being more particularly described as follows: beginning
at the intersection of the northeasterly line of said
railroad right of way. with the north Vine of Lot 1 of
said Section 29, from which the northeast corner of said
Lot 1 bears North 89° 58' 20" East 295.32 feet; thence
South 21° 08' 15" East, along the northeasterly right of
way line of said railroad, 3052.00 feet to a point here-
inafter referred to as Point "A"; thence continuing
South 21° 08' 15" East along the northeasterly right of
way line of said railroad 2064.89 feet to a point on the
south line of the north one-half of the south one-half
of the southwest quarter of said Section 28 and there
terminating. The westerly line of the foregoing-described
easement shall be shortened or lengthened to terminate in
the north line of Lot 1 of said Section 29 and the south
line of the north one-half of the south one-half of the
southwest quarter of said Section 28.
PARCEL "B": An easement for sewer and drainage purposes
20 feet in width, 10 feet lying on each side of the
following-described center line: beginning at the
aforesaid Point "A"; thence South 68° 51' 45" West
200.00 feet to the southwesterly right of way line of
the Atcheson, Topeka and Santa Fe Railway.
PARCELS "A" and "B" are as shown on Exhibit "A" attached
hereto and made a part hereof.
EXHIBIT "AIt A II
S. line of tte
SHfSf See.
EXHIBIT 'A