HomeMy WebLinkAbout1961-12-11; City Council; Resolution 788d
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RESOLUTIPN NO. 788
A RESOLUTION OF THE CITY OF CARLSBAD
ACCEPTJNG GRANT DEED OF EASEMENT
FROM RILD@N*\ INC. SUBJECT TO CERTAIN WDITIONS~ ,
WHEREAS, the lower reaches of the Buena Vista Creek lie substantially
within the City of Carlsbad; and
WHEREAS, the lands lying westerly of El Camino Real adjacent to the
Buena Vista Creek are inundated whenever there is any significant rainfall; ant
WHEREAS, the lands lying westerly of El Camin0 Real adjacent to the
Buena Vista Creek can not be improved and developed safely until there is an
adequate permanent channel with appurtenant works to carry, control and con-
fine flcmd, storm and waste wagers of said creek; wd
WHEREAS, the marshlands along the Buena Vista Creek are breeding
grounds for mosquita es, gnats, and other insects which are a menace to the
general health and welfare; and
WHEREAS, Wdon, Inc, has delivered a Grant of Easement to the City of
Carlsbad eighty-five (85) feet in width over the northerly portion of their land
extending In an easterly to westerIy direction for storm drainage purposes of
the Buena Vista Creek1
NOW THEREFORE BE XT RESOLVED by the City Council of the City of
Carlsbad that it finds and determines as follows:
1. That public interest 'and necessity require the acquisition, construction
and completion of a public improvement, to wit: a starm drainage channel for
Buena Vista Creek.
2. That public interest and necessity requires the acquisition for said
drainage purposes of an easement as more fully described in the certain Grant
Deed of Easement from Rlldan, Inc. to the City of Carlsbad dated December 7,
19 61;
3. That the use of said easement for drainage purposes is a public use
authorized by law.
4. That the acceptaaslce of said easement is necessary for the public use.
5. That the proposed drainage channel is planned and located in a manner
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which will be most compatible with the greatest public good and least private
injury; and
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BE IT FURTHER RESOLVED that the City of Carlsbad accepts the afore-
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The Grantor will improve the Storm Drainage Channel of the Buena Vista
Creek pursuant to the specifications as required by the Carlsbad City Engineer$
AND BE IT FURTHER RESOLVED that the City Clerk of the City of Car&-
bad is directed to record sald Corporation Grant of Easement when the Starm
Drainage Channel has been improved from El Ca" Rd to Jef€erson Street
and the project improvement has been accepted by the Ci& Engheer of the City
of Carlsbad.
Carlsbad at a special meeting held on the Uth day of December, 1961, by the
fouowing vo&, to wit:
AYES: CounciLmen Guevara, Bierce, La Roche,
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