HomeMy WebLinkAbout1961-10-17; City Council; Resolution 774JI
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RESOLUTION NO 774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHOR-
IZING CONDEMNATION OF CERTAIN
PROPERTIES FOR WORKS FQR THE DIS-
POSITDN OF SEWAGE AND APPURTEN-
' ANCES THERETO.
ED^ by the City of Carlsbad, a Municipal Corporation, that it finds
and determines and hereby declares as fallows:
1. That public interest and necessity require the acquisition , construction
and completion by the City of Carlsbad, County of San Diego , State- of California
of a public improvement, to wit: Works for the disposition of sewage and
appurtenances thereto.
2, That public interest and necessity requires the acquisition for said
sewer works of the real property hereinafter described as Parcel 1 and Parcel
2.
3. That the: use of all the said real property for works for the disposition
of sewage is a public use authorized by law,
4. That the taking of said land is necessary for the public use and that
real property described is Parcel 1 and Parcel 2 be so taken.
5. That the said proposed sewer works is planned and located in a
manner which will be most compatible with the greatest public good and least
private injuryj and
BE IT FURTHER RESOLVED that the City Attorney is hereby authorized,
empowered and directed in the name of the City of Carlsbad to acquire the
real property in the hereinafter d3scribed land 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 Californiaj
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 lands for such sewer disposal works,
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
to be made upon the taking possession of said lands by the City of Carlsbad,
1 and for an order permitting the City uf CarLsbad to take: immediate possession
the City of Carlsbad in snch amount or amounts so f
2 and use of said lands for the purpose of constructing said sewer disposal worksu
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1 PARCEL1
on of Fractional Section 2 0, Township 12 South, Rangle tsrrrardino Bass and Mefidian, in the County of San
Diego, State of CalJfomia, according to United States GovaTammt
Survey desczibed as follows:
Beginning at fie Northwesterly corner of Lot 19 Block 21 of La
Costa Downs Unit No, 1, according to Map thereof No, 2013, fired
in the office of the Counky Recorder of San Dkgo County April 6 1927, said corner being also a point on the Easterly linp: of thjer Atchison,
Topeka and Santa Fe Railroad right of way as shown on said Map No,
20f3f thence leaving said Easterly line North 68°53f20rt East aLong the
Northerly line of said Lot L9 a distance: of 68,75 feet$ thence North
50°20* 20" East along the: Northwesterly terminus of Alamo Road, as shown QXI said Map No. 2013, a distance of 42.19 feet to the. TRUE
POINT OF BEGINNING; thence retracing South 50°203201t West 42.19
South 68Q531201' West 68,75 feet to said Easterly lina: of
the Atchison, Tapeka and Santa Fe Railroad right sf way3 thence
Northvestarly abng said Easterly line: CO the South line of Lot "H"
of the Rancb Agcra Hadiunda, according to a Map thereof No. 823, filed
in the office of the County Recordey of San Diego County November 16 xs69~ thence Easterly along said Souf& line a distance of 921-52
thence Southeasterly along a line: deflecting an angk of 6X019*45
from the Easterly prolongation of % last above described tours@, a distance of 600.00 feet; thac~ Southwesterly along a line perpendioular
to the Southeasterly prolongation oftha last above described course to
a point of hkersection wikh a Une which bears Narth L9°06~4011 West from
the TRUE POINT OF BEGINNING? thence South 19°06x4011 East b the
TRUE POINT OF BEGINNING,
Excepting therefrom all that portion lying wlthin La Loma Boulevard, as shown on said Map No, 2013,
which is nov owned by Jessie I, SchuylerZ
To make deposit of such security out of proper funds under the control of
PARCEL 11,
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in such mixmer as the Court, in which the cc;rrbn&ion proceedings hereby auth-
Parcel I and Parcel 11, which tht4 City of Carlsbad by this resobtion
orized are pendllng,may direct
aukharims the City of acquire for sewer disposal wdrks, are each pad of a
larger parcaI,
Thak khe parcels of real property in which the City of Carlsbad by this
fesoltztion ancthorizes ix acquire fur said sewer disposal work, are described as
f0lJkrws:
I/
32 All that portion of Lot "H"of the Rancho Agua Hedionda, in the City of
Carlsbad County of San Diego, State of California, according to Map
thereof No, 823, filed in the office of the County Recorder of San Diego County, November 16 1869 , described as follows!
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Beginning at the Northwesterly corner of Lot 19, Block 21 of
La Costa Downs Unit No. 1, according to Map thereof No. 2013,
filed In the Qffice of the County Recorder of San Diego County April 6, 1927, said corner being also a poi,nt on the Easterly line Atchison, Topeka and Santa Fe Railroad right of way as
on said Map No, 20132 thence Northwesterly along said
Easterly line to the South line of said Lot "H"J thence Easterly
along said South line a distance of 921.52 feet to the TRUE POINT OF BEGINNING: thence Northwesterly along a line deflecting an
angle of 118°40115t' Northerly from the Easterly grolongation of
the last above described course a distance of 650.00 feet; thence
Southwesterly along a line perpendkcular to the Northwesterly
prolongation of the last above described coarse to the Easterly
line of the Atchison, Topeka and Santa Fe Railroad right of way within
said Lot I'H"; thence Soatheaster ly along said Easterly Line to the
South line of said Lot "H"J thence Easterly along said South line
to the TRUE POINT OF BEGINNING.
rhich is now owned by Tryatt Investment Company, as to an undivided 24/65th
nterest, and Roy H, Sheldon as to the remainder of Parcel II, subject to a
eed of trust, recorded October 22, 1957, to the Security Trust and Savings
lank of San Diego, now Security First National Bank, Trustee in favor of
'.A. Korton and Eva M, Horton, beneficiariesj subject to a deed of trust
ecorded December 4, 1956 to the Security Trust and Savings Bank of San
liego , now Security First National Bank, Trustee, in favor of E3.A . I'orton
.nd Eva M, Horton, beneficiaries; subject to a deed of trust recorded September
6, 1959, to Security Title Insurance Company, Trustee, in favor of Security
'itle Insurance Company, beneficiaryj and subject 20 an instrument executed
y Roy H, Sheldon recorded October 15, 1959 in which he acknowledges ha
.olds an undivided 1/65th interest in said real property beneficially for Edward
brllt,
PASSED, APPROVED AND ADOPTED BY the City Council of the City of
:arlsbad at a regular adjourned meeting on thel'Zth day of October
~y the following vote, to wit:
1961,
AYES: Councilmen Guewa, La Rache, Sonneman and NIcPherson.
NOES: None
ABSENT: Councilman Bierce
ITTEST:
(SEAL)