HomeMy WebLinkAbout1979-08-21; City Council; Resolution 58961
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RESOLUTION NO. 5896
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING CONDEMNATION
OF CERTAIN PROPERTIES FOR THE WIDENING OF CARLSBAD BOULEVARD AND THE INSTALLATION OF
A BICYCLE PATH AND WHEELCHAIR ACCESS RAMPS.
WHEREAS, the City Council of the City of Carlsbad,
California is proposing a public improvement as described
herein; and
WHEREAS, the City Council has held a public hearing
according to the provisions of Code of Civil Procedure
Section 1245.235; and
WHEREAS, Negative Declaration No. 395 has been issued
for the proposed public improvement; and
WHEREAS, after said public hearing, the City Council of
the City of Carlsbad finds and determines 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: The widening of Carlsbad Boulevard
and the installation of a bicycle path and wheelchair access
ramps.
2. That public interest and necessity require the
acquisition of a public easement for street and other related
purposes for said public improvement over the real property
hereinafter described as Parcels A, B and C.
3. The City of Carlsbad, California is authorized to
condemn said parcels for the purposes herein described by
Code of Civil Procedure Section 1240.010, 1240.110 and
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-240.120: Government Code Sections 37350.5 and 40404(a); and
;treets and Highways Code Section 2380.
4. That the use of all the said real property for
street widening, a bicycle path and wheelchair access ramps,
is a public use authorized by law.
5. That the taking of real property described herein
LS Parcels A, €3 and C is necessary for the public use and
:hat those parcels be so taken.
6- That the said proposed street widening and installation
2f a bicycle path and wheelchair access ramps is planned and
Located in a manner which will be most compatible with the
greatest public good and least private injury.
7. A report regarding general plan conformance from
the Planning Commission is not required for this project pursuant
to Government Code Section 6.5402 as implemented by Section
2.24.065 of the Carlsbad Municipal Code.
NOW, THEREFORE,BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the foregoing recitations are true and correct.
2. That the City Attorney is hereby authorized,
empowered and directed in the name of the City of Carlsbad as
follows:
A. To acquire the real property in the hereinafter
described land by donation, purchase, or by condemnation in
accordance with the provisions of Part 3, Title VI1 of the
Code of Civil Procedure of the State of California.
B. To prepare and prosecute in the name of the
City of Carlsbad such suit or suits in the proper courts
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having jurisdiction over such suit or suits, as are necessary
to condemn said lands for such street widening and installation
of a bicycle path and wheelchair access ramps.
C. To make application to said court for an order,
pursuant to Code of Civil Procedure Section 1255.410, 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 and to take
immediate possession and use of said lands for the purpose
of constructing said street widening and wheelchair access
ramps.
D. 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 such manner
as the Court in which the condemnation proceedings hereby
authorized are pending may direct.
3. That the parcels of real property in which the
City of Carlsbad by this resolution authorizes to acquire
for street widening, a bicycle path and wheelchair access
ramps are described as follows:
PARCEL A: Located in the City of Carlsbad, County of
San Diego, State of California, described as follows:
That portion of Lot 6, Block I'D1' of Palisades, as shown
on Map No. 1747 filed in the Office of the County
Recorder of said County, described as follows: Beginning
at the southerly corner of said Lot 6; thence northwesterly
along the westerly line of said Lot 6 a distance of 10
feetithence easterly in a straight line to a point
lying on the southeasterly line of said Lot 6 and
northeasterly 10 feet measured along said last mentioned
line from said southerly corner; thence southwesterly
along said southeasterly lot line to the point of
beginning.
EXCEPT therefrom any easements recorded for street
purposes.
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PARCEL B: Located in the City of Carlsbad, County of
San Diego, State of California, described as follows:
That portion of Lot 1, Block "F" of Palisades, as shown
on Map No. 1747 filed in the Office of the County
Recorder of said County, described as follows: Beginning at the westerly corner of said Lot 1; thence northeasterly
along the northwesterly line of said Lot 1 a distance of 10 feet; thence southerly in a straight line to a point lying on the southwesterly line of said Lot 1 and southeasterly 10 feet measured along said last mentioned line from said westerly corner; thence northwesterly along said southwesterly lot line to the point of beginning.
EXCEPT therefrom any easements recorded for street
purposes.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 21st day Of Auqust ,
1979 by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Cas1 er
NOES : None
ABSENT: Councilman Lewis
SONALD C. PACKARD, Mayor .
ATTEST :
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