HomeMy WebLinkAbout1960-11-01; City Council; Resolution 7001
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
RESOLUTION NO. 700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING CONDEMNATION OF CERTAfN REAL PROPERTY OR LNTERESTS THEREIN FOR STREET AND BOULEVARD PURPOSES,
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, namely a city street and boulevard. \
2. That public interest and necessity require the acquisition for and in
connection with said public improvement of the real property, or interests in
real pro pert y hereinafter des cribea
3. That the use of all the said real property for street and boulevard
purposes is a public use authorized by law;
4. That the taking of said real property is necessary for the public use
and that it is necessary that all of the said real property be so taken;
5. That-the said proposed public improvement is planned and located in
a manner which will be most compatible with the greatest public 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 a fee
simple estate in and to the said hereinafter described real property, or interest2
in real property, by donation, purchase, or by condemnation in accordance with
the provbions of Part 3, Title 7 of the Code of Cia Procedure of the State of
California, and of the Constitution of California relating to eminent domain:
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 necessary
to condemn said real property, or interests in real property for said proposed
street and boulevard.
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 direct
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
13
1E
1s
2c
23
2;
2:
24
2:
26
2‘;
2E
2<
3(
3:
3:
;o be made upon the taking possession of said lands by the City of Carlsbad, and
tor an order permitting the City of Carlsbad to take immediate possession and
Ise of said real property, or interests in real property, or existing improve-
ments, as a right-of-way for public use;
To make deposit of such security out of proper funds under the control
If the City of Carlsbad in such amount or amounts so fixed and determined, and
.n such manner as the court, in which the condemnation proceedings hereby
mthorized are pending, may direct;
The real property, or interests in real property, or existing improve-
ments in which the City of Carlsbad by this resolution is authorized to acquire
:or said public improvement is situated in the County of San Diego, State of
%.Uornia, and is described as follows:
All of Lot 28 of Seaside Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4722, filed in the office of the
County Recorder of San Diego County, July 28, 1921,
EXCEPTING therefrom the Southeasterly 59 feet thereof,
ivhich is now owned by MERWIN E.. LONG and J5”A JEAN LONG, husband
md wife as joint tenants, subject to a deed of trust to Security Trust and
Savings Bank of San Diego, a corporation, Trustee, in favor of Charles M,
#&er and Dorothy A, Walker, husband and wge, husband and wife as joint
Tenants, which beneficial interest was assigned to Fred A. Patske and Emilie A
Patske,
PASSED, APPROVED AND ADOPTED by the City Council of the City
af Carlsbad, at a regular meeting held on the 1st day of November, 1960, by
the following vote, to wit: \
AYES: Councilmen Guevara, Sonnernan, Bierce, McPherson and La Rod
NOES: None
ABSENT: None
\
ANE C. SONNENLAN , Mayor ATTEST:
- \).+= Carlsbad, California
J,T. PRICE, City Clerk
of the City of Carlsbad,
\