HomeMy WebLinkAbout1980-03-18; City Council; Resolution 6119Y
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RESOLUTION NO. 6119 --
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 Counc.il 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 Parcel A.
3. The City of Carlsbad, California is authorized to
condemn said parcels for the pmposes herein described by Code
of Civil Procedure Section 1240.010, 1240.110 and 1240.120;
Government Code Sections 37350.5 and 4040(a); and Streets and
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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
as Parcel A, is necessary for the public use and that those
parcels be so taken.
6. That the said proposed street widening and installation
of 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 having
jurisdiction over such suit or suits, as are necessary to
condemn said lands for such street widening and installation of
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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 tamps.
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 as described
as follows:
PARCEL A: That Portion of Parcel 1, as shown on Parcel Map No. 2664 filed in the Office of the County Recorder of said County described as follows: Beginning at the Northwesterly corner of said Parcel 1; thence North- easterly along the Northwesterly line of said Parcel 1 a distance of 10 feet; thence Southerly to a point of beginning on the Southwesterly line of said Parcel 1, said point being Southeasterly 10 feet from the North- westerly corner; thence Northwesterly along said Southeasterly lot line to the Point of Beginning.
EXCEPT therefrom any easements of record.
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(SEAL)
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of March
1980 by the following vote, to wit:
Y
AYES :
NOES : None
Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman
Cas1 er
ABSENT: None
ATTEST :