HomeMy WebLinkAbout1961-11-07; City Council; Resolution 780c. - 4 '-.
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A RESOLUTION OF THE CITY CCW"LL OF TH[E CITY OF CARLSBAD, AXITHOR- XZING CONDEMNATION OF CERTAlN
PROPERTIE
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 af Carlsbad, County of San Diago, State of
California, of a public improvement, to witz a drainage channel for Buexla Visi
Creek.
2. That public interest and necessity requires the acquisition for said
drainage purposes of the real property hereinafter described as Parcel I and
Parcel IJ,.
3.: That the use af all the said real property for drainage purpcr
public use authorized by law,
4. That the taking of said land is necessary for the public use and that
it is necessary that all of the said real property described in Parcel I and
Parcel 11 be so taken.
5. That the said proposed drain e channel is planned and located in a
manner which will be most compatible with the greatest public good and 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 the
red property 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 necessary
to condemn said lands for such dtahage channel.
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
d;lrect to be made upon the taking possession of said lands by the City of
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chamel,
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 tn such manner as the Cu~, in which the condemnation proceedings hereb
authorized are pending ma
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That the real prop ch the Gity of Carlsbad by this resolution
authorizes to acquire for said dt&&@ ases, is described as
follows:
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EXCEPTING that portion thereof which lies Northerly of the Southerly line of the land described in Parcel 9 of the
County of San Diego, in Case No. 170746,
WIGHT and CORA
ed in the Final Order of andemnation of the urt of the State of California, in and for the
which is now owned by JAMES
a deed of trust to the Oceanside Finance Company, a corporation* Trustee,
WIGHT, sugject to
Carlabad, and for an order permitting the City of Carlsbad to take immediate
31 32 I
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That portion of the Northwest Quarter af the Northwest Quarter of Section 32, Township 11 jSouth, Range 4 West, San Bernardino Base and Meridian, in the City af Oceanside,
County of San Diego, State of Wornia, according to
United States Government Survey approved April 5, 1881, which lies Northerly of the center line of the Oceanside
and Vista County Road, according to %ad Survey No. 111
made August 18, 1896 and on file in the office of the County Surveyor of said Comtya and Westerly of the
lacation and prolongation of a line described as follows;
Beginning at the point of intersection of the West Une of said Section 32 with the Southerly line of Parcel 9 of the land described in Final Order of Condemnation of the
Superior Court of the State of Wornia, ;In and for the County of San Diego in Case No. 170746; thence along the Southerly line thereof North 89" 4lf 28" East 327.03 feet (record 327.33 feet) to the beginning of a 3062.00 foot radius curve concave Northerly; thence Easterly along said
curve 111.32 feet through an angle of 2* 04' 52" to the
' TRUE POINT OF BEGINNTNG; thence South 2" 23' 24" East 193.61
feet to a polnt in the Northerly boundary af the 60 foot road
easement described in deed to the County of San Diego, recorded January 22, 1929 in Book 1580, page 185 of Deeds.
30 11 in favor of Oceanside Federal Savings and Loan Association.
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(I)
PAR~EL II.
That portian of the Northwest Qu&er of the Northwest
1 Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the City of Oceanside, County of San Diego, State of California, according to United States Government Survey approved April 5, 1881, which lies Northerly of the center line
of the Oceanside arzd Vista County Road, according to
Road Survey No.. 111, made August 18, 1896 and on file &I the Office of the County Surveyor of said County.
EXCEPTING therefrom that portion thereof lying Northerly of the Southerly line of the land described in Parcel 9 of the land described in the FW Order of Cunderrulatilon
'of the Superior Court of the State of California, in and 'far the County of San Diego in Case No, 170746.
And further excepting therefrom that portion thereof lying Easterly of the line drawn parallel with and 500 feet Easterly from the Westerly line of said Northwest uarter of the Northwest Quarter of said Section 32.
Also excepting that portion lying Westerly of the location and prolongation of a line described as follows:
I Beginning at the point of intersectictrz of the West line
of said Section 32 with the Southerly line of said Parcel 9; thence along the Southerly line thereof North 89" 41r 28" East 327.03 feet (record 327.33 feet) to the beginning of
a 3062.00 foot radius curve concave Northerly; knee Easterly along said curve 111.32 feet through an angle of 2" 04t 52" to the TRUE PO"I' OF BEGWNING; thence South Z0 23x 24" East 139,61 feet to a point in the Northerly boundary of the 60 foot road easement as described in deed to the County of Saxl Diega, recorded January 22, 1929 in Book 1580, page 185 of Deeds,
which is now owned by DAN W, FERRELL and ANMA M, FERRELL, subject
to a deed of trust to Union Title Insurance Company, Trustee, in favor of
James B, Wight and Cora L Wight, which beneficial interest has been assigned
to Emily Owens.
PASSED, hLPPROj7ED AND ADOPTED by the City Council of the City
of Carlsbad at a regular meeting held on the 7th day of November, 1961, by
the following vote, to wit:
AYES: Councilmen Guevara, Bierce, La Roche, Sonneman, and McPherson.
NOES: None
ABSENT: None Y
of the C3.tyuf Carlsbad, Carlsbad, California