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HomeMy WebLinkAbout1961-03-21; City Council; Resolution 7351 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 easement by the City of Carlsbad, Co.unt for the construction of a public improvement, namely, a sewer trunk line. at e of Calif or nia, 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 property hereinafter described. 3. That the use of said easement for a sewer trunk line is a public use authorized by law. 4. That the taking of said real property is necessary for th 5. That the said proposed public improvement is planned a a manner which will be most compatible with the greatest public good and the least private injury, and, BE IT FURTHER RESOLVED that T BRUCE SMITH, as Special Counsel .. .- for the City of Carlsbad is hereby authorized to acquire an easement over the said hereinafter described real property, or interests in real property, by donation, purchase, or by condemnation in ac Part 3, Title 7 of the Code of Civil Procedure of the State of California, and of the Constitution of California relating to eminent do 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 bo condemn said real property, or interests in real property for said proposed 3 4 31 32 SMITH AND SWIRSKY AlTORNEYS AT LAW 580 ELM AVENUE CARLSBAD. CALIFORNU TELEPHONE PARKWAY 9-1 167 8 amounts of such security in the way of money deposits as said court may direct to be made upon the taking possession of said lands by th -1- RESOLUTION NO. 735 finds and determines and hereby declares as follows: 1, That public interest and necessit A RESOLUTION OF~THE CITY COUNCIL OF THE CITY OF CAItLSBAD AUTHORIZING - COND AN EASEMENT UPON CERT FERTY OR INTEREST THEREIN FORUS@ AS AN EASEMENT FOR A SEWER TRUNK LINE. RESOLVED by the City of Carlsbad, 'a Municipal Corporation, that it 29 30 sewer trunk line. To make an application to said court for an order fixing the amount or 1 2 3 4 and for an order permitting the City of Carlsbad to take immediate possession I and use of said real property, or interests in real property, or existing improvements, as a right of way for public use; To make deposit of such security out of proper funds under the control 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the City of Carlsbad in such amount or amounts so fixe and in such manner as the court, in which the condemnation proceedings hereby authorized are pending, may direct; The real property, or interests in real property, which the City of Carlsbad by this resolution is authorized to acquire for said public improve- ment is situated in the County of San Diego, State of California, and is described in Exhibits '!I" and "2", attached hereto and by reference made a part hereof. It appears that said real property is now owned by CLARENCE A, HARVEY, HERBER ESE, and BERRY JOHNSON and MARIAN E, PASSED, AlPPROVED AND ADOPTED by the City Council of the City of Carlsbad, at a regular meeting held'on the 2lst day of March, 1961 by the following vote, to wit: AYES: Councilmen Guevara, Bierce, La Roche, Sonneman and NOES: None McPherson. ABSENT: ATTEST: None 1 3 3 4 5 6 7 8 9 10 I1 12 It 14 1f 1E 1'; 1E 1E 2( 2: 2: 2; 2l 21 2t 2' 2r 2' 31 3 3 SMITH AND SWIRsf ATTORNEYS AT LAM 680 ELM AVENUE =ARL8BADr CALIFORI TELEPUONE PARKWAY 9-1167 a a STATE OF CALIFORNIA ) CITY OF CARLSBAD 1 ZOUNTY OF SAN DIEGO ) ss I, City Clerk of the City of Carlsbad, Caliform io hereby certify that the foregoing resolution is a true extract copy of the iriginal of such document on file in the office of the City Clerk, which * L \ 4 F t c € 5 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ITH AND SWIRSKY lTORNEYS AT UW LSBAD, CALIFORNIA TELEPHONE ARUWAY 9-1 I67 3ao ELM AVENUE That portion of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Patent Map thereof, recorded in Book 1, page 150 of Patents, filed in the office of the County Recorder of said San Diego County, lying within a strip of land 16.00 feet in width, the center line of said strip being described as follows: Commencing at the Northwest corner of said Rancho; thence along the Westerly line of said Rancho, South 3Oo3O100" West, 321.42 feet to an intersection with the center line of th,at certain road known as "South Oceanside to Vista Road" as shown on Survey entitled,"County of San Diego Highway Commission Route 14 between South Oceanside and Vista", said survey being on file in the office of the County Surveyor ot said San Diego Cpunty; thence along said center line, South 85O35*00" East, 16.70 feet to the Northwesterly corner of land described as Parcel 1 in deed to Clarence A, Harvey, et al, recorded January 15, 1 as Instrument No, 91.51 of Official Records; thence along th Northerly boundary of said land, as follows: continuing alo said center line, South 85°35100" East, 78-06 feet to the inter- section with the Southerly-boundary of the Department of Public Worksr Survey made in 1951 between Oceanside and Vista, Road XI-SD-196-A (now called Vist ay); and along boundary, Souih 76°52120" Ea 84,'08 feet to OF BEGINNING; thence S.outh 47°00100'' East, 2 Sauth 77031'90" East, 350. 00 feel;; thence So 83031 IOO" East, 1400,OO feet; thence South 57O01 East, 1 00 feet; thence South 33°00100" East, 202, OOfeet; thence So 58~00~00" East, 185-00 feet; thence North 85°50t00" East, 200,OO feet; thence North 75O39'00" East, 1025.87 feet to an intersection with the center line of that certain strip of land shown and designated as 60' Easement reserved for Road'' on sheet 2 of Record of Survey Map No. 5342, filed in the office of the County Recorder of said San Diego County, January 26, 1960; thence North 7°36116" West, 337.69 feet, more or less, to a point in the Southerly 1ine.of said The side lines of said 16.00 foot strip herein described to be prolonged or shortened so as to form a continuous strip of land which terminates on the Northwest in the Southerly line of said Road XI-SD-196-A and to terminate on the East in the center line of said "60r Easemeht reserved for Road" on said Record of Survey Map No. 5342. If . Road XI-SD-196-A. .* r /I 19 21 22 23 24 That portion of Ra &ion&, in the Count Diego, State of California% according to Patent Map recorded in Book 1, page 150 of Patents, filed in the o of the County Recorder of said San Diego County, lying within a strip of land 60.00 feet in width, the center line of said strip being described as follows: Commencing at the Northwe the Westerly line of said Ra to an intersection wi as "South Oceanside "County of San Die South Oceanside. said survey being on file in the office of the Cou r of said San Diego County; thence along said center line, South 85435100" East, 16.70 feet to the Northwesterly corner of land described as Parcel 1 in deed to Clarence A. Harvey, et al, recorded January 15, 1960 as Instru- ment No. 9151 of Official Records; thence along the Northerly boundary of said land, as follows: continuing along said center line, South 85°35100" East, 78.06 feet to the intersection with the Southerly bouqdary of the Department of Public Works' Survey made in 19 5 1 between Oceanside and Vista, Road XI-SD- 196-A (now called Vista Way); and along said Southerly boundary, South 76°52120t' East, 384.08 feet to the TRUE POINT OF BEGINNING; thence South 47*0OJO0" East, 289.88 feet; thence South 77031100" East, 350.00 feet; thence South 1~00" East, 1400, 00 &et; . thence South 57°01*00'' East, 15 feet; thence South 33°00~00" East, 202.00 feet; thence South 58"00100" East, 185.00 feet; thence North 85°50100" East, 200. '00 feet;, thenc.e North 75°39100" East, 1025.87 feet to, an intersection with the center line of that certain strip of land shown and d gnat& as "60' Easement reserved for Road'' on sheet 2 of Reco of Survey Map No, ~ 5 342, filed in the office of the County Recorder of said San Diego County, January 26, 1960; thence North 7°36f16" West, 337.69 feet, more or less, to a point in the Southerly line ,of said Road XI-SD-196-A, J ner of said Rancho; thence along South 30*30*00" West, 321.42 feet line of that ceriain road known d" as shown on Survey entitled way Commission Route 14 between The side lines of said 60.00 foot strip herein described to be prolonged or shortened so as to form a continuous strip of land which terminates on the Northwest in the Southerly line of said Road XI-SD-196-A and to terminate on the East in the center line of said 1'601 Easement reserved for Road': on said Record of Survey Map No, 5342. 25 26 27 II I 31 32 dITH AND WIRSKY I4l7ORNEYS AT LAW SBO ELM AVENUE -RLSEAD* CALIFORNIA TELEPHONE .PARKWAY 9-1167 EXHIBIT -. .