HomeMy WebLinkAbout1964-02-18; City Council; Resolution 990P
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\RT C. WILSON
.ORNEY AT LAW
3STATESTREET
PLSBAD. CALIF.
-NE 729-8901
0 0
RESOLUTION NO. 990 - ___
A RESOLUTION OF THE CITY COUhiCIL
OF TEE CITY OF CARLSBAD AUTEORIZING
CONDEItINATION OF CERTAIN PRQPERTIES FOR NCRKS FOR THE DISPOSITION OF SENAGE AND APPURTENANCES TEERETO .
RESOLVED by the City of Carlsbad, a Municipal Corporation, that
it finds and deterxines and hereby declares as follows:
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:
a trunk sewzr line and appurtenances thereto.
2, That yub1i.c interest and necessity require the acquisition
for said trunk sewer line of certain easements hereinzfter described
as Parcels A, B and C.
3, That the use of all the said rea? property for suck ease-
ments for trunk sewer line purposes is a public use authorized by
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4. That the taking of said parcels of real property is
necessary for the FuSlic use and that real property ciescribed here-
in as Parcels A, B and C be sc taken.
5. That t3e said proposed trunk sewer line is planned and
located in a manner which will be most compatible with the greatest
public good and the least private injury; 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 easements herein described as Parcels A, B and C
by donation, purchzse, or by condemnation in accordance with the
Provisions of the Code of Civil Procedure of the State of California
relating to eminent domain;
To ?repare and prosecute in the name of the City of Carlsbad
said suit or suits in the proper courts having jurisdiction thereof,
as are necessary to condemn said lands and acquire easements and
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STUART C. WILSON
ATTORNEY A7 LAW
2808STATESTREE7
CARLSBAD. CALIF.
PHONE 729-8901
rights of way;
To make an application to said
the amount or amounts of such secur
$s said court may direct to be made
of said easements and rights of way
for an order permitting the City of
court for an order fixing
ty in the way of money deposi-s
upon the taking of possession
by the City of Carlsbad, and
Carlsbad to take immediate
possession and use of said easements and rights of way or ariy part
Gr parts thereof;
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 mnner as the court in which the
condemnation proceedings hereby authorized are pending may direct;
To incurr on behalf of the City of Ca.rlsbad all reasonable
and necesszry expenses in the prosecution of a suit or suits to
condemn easements and rights of way;
The parcels of real property referred to above in this
resolution are situate in the County of San Diego, State of
California, and are more particularly described as follows:
PARCEL A
Easements in, upon, over and zcross a larger parcel of real
property described as
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lffice of the Recorder of San Diego County, described as follows:
Jommencing at the intersection of the center lines of Adams Street and Chinquapin
qvenue, as shown on said Map;
Z~3Tce South 61'21'~est along said center line of Chinquapin Avenue, 557.98 feet;
I'hence Souih 28'39'East, 509.00 feet to the true point of beginning; kence South 61'21'~est, 400.02 feet;
Phence South 28'39'East, 151.04 feet;
Thence South 47"38'East, 329.90 feet;
Thence South 28'39'East, 222.24 feet to the Southerly line of said Tract 238;
Thence North 63'44'20"East along said Southerly line 97.69 feet;
Efence North 28'39'West 586.05 feet;
Thence North 6l021'East, 195 feet ;
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An exclusive easement on that portion of the above described lands that is
described and bounded as follows:
BeginKing at the most Southeasterly corner of the above described property, being
a point in the southerly line of said Tract No. 238 of Thum hnds, said point being
hereinafter referred to as point
Thence from said point of beginning North 28'39'West along the easterly line of said lands a distrnce 202.49';
Tqence South 73'02'24"West a distance of 40.89 feet, more or less, to the true point
of beginning of the Easement "A" to be described, being also an angle point in
property of the State of California, and being hereinafter referred to as point "II";,
Thence from said true point of beginning South 73'02'24"West along the said State
of California property line a distance of 50.00 feet to an angle point in said
property line;
Thence North 18°20117"~est along said property line a distance of 58.85 feet;
Thence North 73'02'24"East a distance of 59.71 feet;
Thence South 28'39'East a distance of 60.08 feet;
Thence South 73°02124"West a distance of 20.47 feet to the true point of beginning
of the easement described.
"I";
Easement "B" :
An easement on that portion of the above described lands that is contained in
a strip of land 15 feet in width, being 7.5 feet in width on each side of a center
line described ati follows:
Beginning at a point on the easterly line of said lands North 28'39'west a
distance of 150 feet from point "I" as herein described in Easement "A"; said point
of beginning being hereinafter referred to as point "111";
Thence from said point of beginning North 48'36'30"West a distance of 60.38 feet,
more or less, to the southerly line of said Easement
Said 3asement "'8" is to be so extended or shortened as to terminate in said east
line of said lands and in the southerly and easterly lines of said Easement "A";
"A";
An easement for access, construction, grading, drainage and surfacing
iurposes on that portion of said lands that is northerly of a straight line
:onnecting point "111", as herein described in Easement "Btr. with a point that
is South i8G20f17ii EBst a distance of 10 feet from point "I?' as her& described
in Easement "A" and that is southerly of a line that crosses said lands and
;hat is 95 feet northerly of and parallel with the southerly line of said Easement
'A" and the prolongation of said southerly line;
bcepting therefrom the portions thereof contained in Easements "A" and "B"
ierein described.
;rantor reserves the right to use Easement "C" for any purpose that will not
impair Grantee's access to the facilities constructed on said Easements "A"
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IART C. WILSON
TORNEY AT LAW
76 STATE STREET
.RLSBAD. CALIF.
IONE 729-5901
of erecting, constructing, reconstructing, replacing, repairing, maintainjng,
and operating water system, sewerage, drainage, power line, excavation md/or
embankment facilities and appurtenances thereto, together with the rjght of
ingress and egress to and from said rlght of way by practical route or routes
in, upon, over, and across the aforesaid lands, together with the rlght to clear
and keep clear said right of way from buildings, structures, trees ma brush,
and. any similar surface encroachment which may interfere with ressonzble and
proper use of the right of way easement. The Grantor pnd successors in estate
of the aforesaid lands hereby agee to neither permit nor erect or construct
any building or structure, plan-c any tree, or otherwise create or permit any
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rW OFFICES OF
ART C. WILSON
"SIDE. CALIFORNIP
. SOUTH HILL STREET
zbcrcss a lasaer padcel of real rsroaertv described as
boundary of land
d recorded in Book
8"39' %st 436.43 feet, 5 feet to the most
1'211 %st 60.00 feet;
eginning of a nontangent of which bears South
e of 43'36110'' a
e forming a cul-de-sac
reverse curve co
escribed pmperty,
i~5t2~1 construction of i? sewer piFe line by the City of
Carlsbad, described s a strip of land 15 feet in width
f nortkerly of and con inuous to the northerly boundary of eke
abcve described ease.;:ent referred to as PARCEL 3, said right
to us@ said temporarv working strip to cea5e and terminate at
suck time as said. initial construction is coqleted.
PARCEL c --
'4 right of way easenent 20 feet in width in, upon, over and
acrcss a larger parcel of real property described as
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LAW OFFICES OF
STUART C. WILSON
m817A SOUTH HILL STREET
CEANSIDE. CALIFORNIA
0
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All Y of led
in the Office of the County Recorder, described as follows:
Beginning at a point being the intersection of center line of Chinquapin
Avenue with Fast property line of Atchison, Topeka and Santa..Fe Railroad;
Tience along the centerline of Chinquapin Avenue, North 61O21' East 366.17 feet
to a point;;
Tnence South 28"39' East 30.0 feet to a point, said point being the North-
west corner of property conveyed by South Coast Company to Ernest G. and
Minnie Litchfield by deed dated August 3, 1925 and recorded in Book 1107,
Page 323 of Official Records;
Thence continuing South 28'39" East along the West line of above mentioned
property 959.62 feet to a point on North line of Lot H Rancho Agua Hedionda,
said line being also the South line of Tract 233 Thum Land8 as per record
map heretofore mentioned;
Thence South 72'25" West along above mentioned Ranch and Tract line 211.76 feet to a point; said point being on the East line of Atchison, Topeka and
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follows:
Beginning at a point on the East line of said Atchison, Topeka, and Santa
Fe Railroad right of way North 3800gt22" West (Record North 38'03t30" West) 298.50 feet fromt the South line of said Tract 233 !Chum Lands, measured along
said right of way;
Thence from said point of beginning North 15"00153" East a distance of 12.32 feet.
Thence North 61.~21~ East a distance of 248.44 feet, more or less, to a point
together with a temporary working strip easement to be used
during initial construction of a sewer pipe line by the City
of Carlsbad described 2s a strip of land 10 feet in width
northerly of and contiguous to the northerly boundary of the
above described easement referred to as PARCEL C, said right
to use said temporary working strip easement to cease and
terminate at such time as said initial construction is
comp let ed .
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting on the 18th day of February
1964 by the following vote to wit:
EYES: Councilmen YcPherson, 3ierce, Guevara, heiswender,
and Hughes.
NOES: None
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-I OFFICES OF
RT C. WILSON
OUTH HILL STREET
IDE. CALIFORNIA
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A3 SENT : None
the City of C a I if orn i a
ATTEST:
(SEAL)
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