HomeMy WebLinkAbout1980-05-06; City Council; Resolution 6179,
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RESOLUTION NO. 61 79
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AUTHORIZING CONDEMNATION
OF CERTAIN PROPERTIES FOR THE CONSTRUCTION
OF CERTAIN PUBLIC DRAINAGE IMPROVEMENTS
AND OTHER PUBLIC IMPROVEPENTS TOGETHER
WITH APPURTENANCES AND APPURTENANT WORK
IN CONNECTION THEREWITH.
WHEREAS, the City Council of the City of Carlsbad, California
is proposing certain public drainage improvements and other public
improvements as described herein; and
WHEREAS, the Planning Commission, of the City of Carlsbad,
jetermined at their regular meeting held November 28, 1979, that
the proposed acquisition and the project is consistent with City's
Tenera1 plan, as required by Government Code Section 65402 and
3arlsbad Municipal Code Section 2.24.065; and
WHEREAS, Negative Declaration, Log No. 561, has been prepared
2nd certified in satisfaction of the requirements of the City
Df Carlsbad Environmental Protection Ordinance of 1972 as amended
in the California Environmental Quality Act; and
WHEREAS, the City Council has held a public hearing according
to the provisions of the Code of Civil Procedure Section 124.235;
md
WHEREAS, after said duly noticed public hearing, the City
Zouncil of the City of Carlsbad finds, determines and hereby
fieclares as follows:
1. That public interest and necessity require the
wquisition, construction and completion by the City of Carlsbad,
2ounty of San Diego, State of California, of certain public
improvements to wit: the construction and installation of a 48"
J. diameter drainage culvert, together with appurtenances and //
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appurtenant work in connection therewith, including the acquisition
of necessary rights-of-way for construction and installation of
said culvert, extending from the existing drainage pipe outlet
in James Drive and extending to the 72" drainage culvert at the
intersection of Park Drive and Adams Street in the City of
Carlsbad.
2. That public interest and necessity require the
acquisition of public easements for rights-of-way and other
related purposes for said public improvements over real property
as described in Exhibit A, attached hereto and made a part hereof.
3. That the City of Carlsbad, California is authorized to
condemn said real property for the purposes described herein by
one or more of the following public provisions:
(A) Code of Civil Procedure Sections 1240.010, 1240.110,
1240.120 and 1255.410.
(B) Government Code Sections 37350.5 and 40404(b).
(c) Streets and Highways Code Sections 5101, 5102, 5023,
5023.1, 10010 and 10102.
4. That use of all said real property for public drainage
improvements and other public improvements are public uses
authorized by law.
~ 5. That a taking of said real property described herein is
necessary for the public use and that said real property be so
taken.
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6. That the said proposed public improvements are planned
and located in a manner which is most compatible with the greatest
public good and least private injury.
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7. That the Planning Commission has reported that these
public improvements are consistent with the Carlsbad general plan
pursuant to Government Code Section 65402 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, California 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 7 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 land for the public improvements herein described.
(C) To make application to said court for an order
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lpursuant to Code of Civil Procedure Section 1255.410 fixing the
anount or amounts of such security in the way of money deposits
as said court may direct to be made upon the taking of possession
of said lands by the City of Carlsbad and to take immediate
possession and use of said land for the purpose of constructing
said public improvements.
(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 in such manner as the court in which
the condemnation proceedings hereby authorized are pending may
direct.
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3. That the real property, which the City of Carlsbad
2y this resolution authorizes to be acquired for construction
2nd installation of the public drainage and other public
improvements described herein, is described in Exhibit A,
2ttached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
:he City Council of the City of Carlsbad, California held on
-he 6th day of May , 1980 by the following
Tote, to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and
NOES: None Kul chin
- RONALD C. PACKARD, Mayor
ITTEST:
(SEAL)
4.
o RESOLUTION NO. 6179 -
EXH’LBIT “)T
An easement $Ear drainage and sewerage purposes, over, under and
across the folloving described parcels in the City of Carlsbad, County of San Diego, State of California:
Those portions of Lots 16, 17, and 18, of Block G, in BelLavista, accords-ng to Map thereof No. 2152, filed in the of€ice of the County Recorder of San Diego, March 7 , 1929, lying within 10 feet
of the following described centerline measured at right angles
thereto:
BEGINNING at the Northeasterly corner of said Lot 16; thence S26°f0’
52“t\! a distanFe of 72.25 feet to the TRUE POINT OF 3EGINNFNG; thence S28°39’38’1E a distance of l4.,36 feet to a tangent 195 foot radius
curve, concave Northeasterly; thence Southerly along the arc 8‘ said curve a distance of 108.20 feet through a central angle oE 31 47’34” to a poist of reverse curvature with a tangent 50 foot radius curve, concave Southiesterly; thence along the arc of said 50 foot Zadius ciirve a distance of 31.03 feet through a central angle of 35 33’34”
to a point 01 tangency with a line that is parallel with and 10 zeet
Southwesterly o:E the Northeasterly line of said lots; thence S24 53’38” along said parallel line across said Lots 1-6, 17 aad 18 a
distance of 624.44 feet more or less to the Southeasterly line of said Lot 18. The side lines oE said easement to be extended or shortened to terminate at the NorLhwesterly line of said Lot 16 and
the Southeasterly line of said Lot 18.
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That portion of Lot 19, in Block G, in Bellavista, according to Nap thereof No. 2152, filed in the office of the County Recorder of $an Diego County, March 7, 1929, and more particularly described as
%allows :
BEGANNING at the most Northi;lesterly corner of said. Lot 19; thence N66 05’43”E 2 distance of 180.72 feet to the TRUE POINT QF BEGINNING; thence S24°53’38”W a distance of 58.32 feet; thence S58’44’01”1\! a distance og 20.12 feet; thence N24 53’38’Y.J a distance of 54.90 feet; thence N56 05’43”E a distance of 20 feet to thz TRUE POINT OF BEGINNING.
That portion of Lot 1.9, of Elock G, in Bellavista, according to Map
thereof No. 2152, filed in the office of the Counly Recorder of San
Diego County, March 7, 1929, and more particularly described as f 01l.ows :
BEGXNNING at the most Southwesterly corner of said Lot 19; fhence N43 0 40’05°F: along th~ Southeasterly line of said Lot 19 a distnncg of l45-34 feet; tlience N24 53’38”bJ a distance 8:‘ 52.31 feet; thence 558 Lr.&’o1”1*5
i‘i distanccooE 20.12 feet; thence S24 53’38”E a distance of 45.23 feet; thence Slig 34’L&”\.J along a line that is parallel. Tait:h and 10 feet
N~rthresterI~y of t:hc Southeasterly line of said Lot: 19 a distanc~ of G 127.36 feet t:o the Sout’t.twesI:erly line of sa.i.d Lot 13; thence S4O 22’ 03’W along said Soutfiwestv-r3.y Zinc a distance of 10 feet to the point of begir~ning -
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*A temporary workingesement for the construc @ n of sewerage and
drainage facilities, over under and across the following descr-lbed parcels in the City of Carlsbad, County of San Diego, State of
California :
Those portions of Lots 16, 17 and 18, of Block G, in Bellavista, according to Map thereof No. 2152, filed in the office of the County
Recorder of San Diego County, March 7, 1929, and more particularly
~ described as follows:
All of said Lots 16, 17 and 18 lying Northeasterly of the following
described lines :
BEGINNING at the most Northwesterly corneT of said Lot 16; thence S26O 10’52”1J alang the Northwesterly line of said Lot 16 a distance of
114.79 feet to a point of intersection wich the arc of a 230 foot radius curve, concave Northeasterly; thencs Southerly along the arc of said curve a distance of 113.65 feet more or less to a pooint of intersection xa.-ith a line that is parallel ~7ith and 50 feet Northvesterly
of the Northeasterly line of said Lots 16, 17 and 18; thence S24*53’38”E
a distanceoof 639.53 feet to a point on a line that bears S76*30’16”W; thence S76 30’16”1;1 a distance of 16.79 feet: to the Southerly line of
said Lot 18. .
That portion of Lot 19, in ’Block G, in BeZlavista, according to Map
thereof No. 2152, filed in the office of the County Recorder of San
Diego County, March 7, 1923, and more particul:irly described as
foll..ows :
BEGIoriiNING at the most Northwesterly corner of said Lot 19; thence N66 05’43”E a distance of 130,72 feet to the TRUE POINT OF BEGINNING;
thence continuing N66°05’43”E a distance gf 30 feet; thekcc S24O53’ 38”E a distance of 54.90 feet; thence 558 44’01”’cG a distance of 30.19
fee-C; thence N24°53’38”W a distance of 58,77 feet to the TRUE POINT
OF BEGINNING.
A portion of Lot 19, of Block G, in Belladista, according tu Map thereof No. 2152, filed in the office of the County Recorder of San Diego County,
March 7, 1929, and more pareicularly described as follows:
EEGINNING at the most Southwesterly corner of said Lot 19; Chence E4O0 22’03”W along the Southwesterly line of said Lot 19 a distance iif 10
feet to the TRUE POINT 0:: REGXNNTXG; thence continuing N40°22 ’ 03”W along said line a distance of 15.0 Eeet; thence N49°4U’05”E a distance oE 29.0
f tet ; thence N40”22 ’ 03”W a d istancg of 25.0 feet ; theiice Nr+9°4Cf ’ O5”E a distance of 78.31 feet:; thence R24 53 ’ 38”W a distance of 8 - 66 feet;
thence N58°LcL~ 01”E a distance of 38.19 Eeet ; thence S24O53 ’38”E a distance of [+5.23 feet; thence S49 40’05”W a distance of 127.36 feet to the TRUil POINT OF HEGTNNPISG.
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