HomeMy WebLinkAbout1963-03-05; City Council; Resolution 8811
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RESOLUTION NO. 881
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, AUTHOR-
IZING CONDEMNATION OF CERTAIN
PROPERTIES FOR STREET IMPROVE-
MENT 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, to wit: a public street to be known as
Tamarack Avenue between Highland Drive and Park Drive.
2. That public interest and necessity requires the acquisition for said
street improvement of the real property hereinafter described as Parcel I.
3. That the use of all the said real property for street improvement
purposes is a 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 be so
taken.
5. That the said proposed street improvement 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 Atto& ey is hereby authorize
empowered and directed in the name of the City of Carlsbad to acquire the
real property in the hereinafter described lands by donation, purchase, or by
condemnation in accordance with the provisions of Part 3, Title 7 of the Code
of Civil Procedure of the State of California.
To prepare and prosecute in the name of the City of Garlsbad, such
suit or suits in the proper Courts having jurisdiction thereof, as are necessary
to condemn said lands for such street improvement.
To make an application to said Court for an order fixing the amount or
amounts of such security in the way of money deppsits as said Court may
direct to be made upon the taking possession of said lands by the City of
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Carlsbad, and for an order permitting the City of Carlsbad to take immediate
possession and use of said lands for the purpose of constructing said street
improvement.
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 in such manner as the Court, in which the condemnation proceedings hereby
authorized are pending may direct.
The real property in which the City of Carlsbad by this resolution
authorizes to acquire for said street improvement purposes, is described as
follows:
That certain portion of Tract 247 of Thum Lands in the City of
Carlsbad, County of San Diego, State of California, according to
Map thereof No. '1681, filed in the office of the County Recorder
of said County, described as follows:
Beginning at the intersection of the centerlines of Highland Drive and Tamarack Avenue, as shown on said Map No. 1681; thence along the northeasterly prolongation of the centerline of Tamarack Avenue,
North 61" 21% East 30. 00 feet to a point in the Northeasterly line of
said Highland Drive, said point being the TRUE POINT OF BEGINNING thence continuing along said Northeasterly prolongation of the centerline of Tamarack Avenue, North 61* 211 East 150.00 feet; thence at right angles, South 28* 39% East 35.42 feet to a point in
the arc of a 3, 389. 35 foot radius curve, concave Southeasterly,
a radial line of said curve bears North 30° 18E 25" West to said point;
thence Southwesterly along the arc of said curve 17.85 feet through
a central angle of Oo 18T 06" to a point of reverse curve, said reverse curve being concave Northwesterly ard having a radius of 3,457. 35 feet; thence Southwesterly along the arc of said curve 118.19 feet through a central angle of 1. 57I 31tt; thence tangent to said curve South 61* 21% West 3.00 feet to the beginning of a tangent 10 foot
radius curve, concave Easterly; thence Southerly along the arc of said curve 15.71 feet through a central angle of 90°; thence radial to said curve South 61* 21* West 1.00 foot to a point in said Northeasterly line of said Highland Drive; thence along said Northeasterly line North 28O 39' West 48.00 feet to the TRUE POINT
OF BEGINNING,
which is now owned by ROY H, PALMATEER.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a regular meeting held on the 5th day of March, 1963, by the
following vote, to wit:
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AYES: Councilmen Guevara, McPherson, Neiswender and Hughes.
NOES: None
ABSENT: Councilman Bierce
ATTEST:
%& qqAp PA- E. H. MC PHERSON, Mayor of the City of Carlsbad, rC arls bad, California
&!\ -2-1
J, H, PRICE, City Clerk
(SEAL)
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