HomeMy WebLinkAbout1959-09-15; City Council; Resolution 5931
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RESOLUTION 59 3.
A RESOLUTION OF THE CITY COUNCIL
IZING CONDEMNATION OF CERTAIN PROPERTIES FOR AN EASEMENT FOR
RJGHT OF WAY FOR DRAINAGE PURPOSE
OF THE CITY OF CA.RLSBAD AUTHOR-
RESOLVED by the City of Carlsbad, a Municipal Corporation, that it
finds and determines and hereby declares as follows:
1. That public interest and necessity require the acquisition, construc-
tion and completion by the City of Carlsbad, County of San Diego, State of
California, of a public improvement, to wit: a drainage system from Oak
Avenue southerly to the Agua Hedionda Lagoon.
2. That public interests and necessity requires the acquisition for
said drainage system of certain easements for drainage ditches in the real
property hereinafter described as Parcel lj
3. That the use of ax1 the said lands for such easements for drainage
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purposes is a public use authorized by law;
4. That the taking of said lands is necessary for the pubIic use
and that it is necessary that all of the said easements in said lands be so
taken;
5. That the said proposed drainage ditches are planned and located in
a manner which will be most compatabile with the greatest pubIic good and
the least private injury; and
BE IT FURTHER RESOLVED that the City Attorney is hereby authorize
empowered and directed in the name of the City of Carlsbad to acquire
easements in the hereinafter described lands by donation, purchase, or by
condemnation in accordance with the provisions of Part 3, Title V of the Code
of Civil Procedure of the State of California:
To prepare and prosecute in the name of the City of Carlsbad, such
suit or suits in the proper Courts having jurisdiction thereof, as are necessar;
to condemn said lands for such easements for such proposed drainage system;
To make an application to said Court for an order fixing the amount or
amounts of such security in the way of money deposits as said Court may
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direct to be made upon the taking posseseon of said lands by the City of
Carlsbad, and for an order permitting the City of Carlsbad to take immediate
possession and use of said lands for eas
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ents for the purpos
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drainage ditch therein and thereunder,
To make deposit of such security out of proper funds under the control
of the City of Carlsbad in such amount or amounts so fixed and determined,
and in such manner as the Court, in which the condemnation proceedings hereb:
authorized are pending may direct. r
The largdparcel of real property through which the City of Carlsbad
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by this resolution authorizes to acquire for said drainage ditch right of way
in connection with the drainage system from Oak Avenue Southerly to the
Agua Hedionda Lagoon, is described as follows:
All west and north of a line described as follows:
Beginning on the south line of Tract 232, distance 202.74 feet
east from the southwest corner of said Tract 232; thence
North 38' 037 30" West 396.07 feet; thence South 61" 21r
West 101.36 feet to the TRUE POINT OF Bl3GIIQJ.I"; thence South 6Ia 21t West to the intersection with the East right of way line of the A. T. & S. F, E. R. j thence North
61'' 2l5 East to the TRUE POINT OF BEGINNING; thence North 38' 03t 30'' West to the intersection with the north Jine of Tract 232 in Tract 232, Thum Lands, Map 1681, filed irJ. the office of the Recorder of said County of San Diego, State of California.
That the easement through said fully described real property in which
the City of Carlsbad by this resolution authorizes to acquire for said drainage
ditch right of way in connection with the drainage system from Oak Avenue
southerly to Agua Hedionda Lagoon, is described as follows:
Beginning at the most southerly corner of above described land, thence North 38O 03l 30" West 181, 62 feet along the westerly line of above described land, to the beginning of curve, radius of 5679.65 feet, concave northeasterly, thence
along arc of said curve 20.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along said curve 158.84 feet to the intersection of A. T. & S, F, E. R. easterly right of way line and the southerly right of way line of Tamarack Avenue, tkis
point also being the most northwesterly comer of above des-
cribed land; thence North 55" 271 East 20.00 feet; thence
South 34' 33' East 100,OO feet; thence South 18" 22s 41'' East 58.73 feet to the TRUE POINT OF BEGINNING,
which is now owned by HARRY L, KREPPS and DOROTHY T, KPEEPPS,
subject to a deed of trust to the- San ./Lib Trust and Savings Bank of San Diega Diego
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Diego
Trustee, in favor of a %n._/l:, Trlkst and Savings Bank of Sa Diego,
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held an the 15th day of September,
1959, by the following vote, to wit:
AYES: Councilmen Grober, Sonneman, Ledgerwood and McPherson.
NOES: None
ABSENT2 Couacilman Coats.
Carlsbad; California
ATTEST:
. IC&* City Clerk - .
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