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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. -2- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CON- DEMNATION OF LAND FOR SEWER RIGHT OF WAY PURPOSES. 6 7 of the State of California, hereinafter referred to as CITY, by its City 8 Council, as follows: 9 1. That CITY hereby finds and determines as follows: 10 (a) That there are located in the City of Carlsbad 13 14 29 30 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 17 described on Exhibit A, attached hereto and by 18 _ this reference incorporated herein. 2Q 21 22 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. 25 3. That the taking of said estates and rights in Parcels A and B is 26 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 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 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