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HomeMy WebLinkAbout1980-08-19; City Council; Resolution 62821 2 3 4 E ” E 7 E s 1C 11 l! 2( 2: 2; 2: 28 2, 21 2’ 21 RESOLUTION NO. 6282 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHOR- IZING CONDEMNATION OF CERTAIN PROPERTY FOR THE CONSTRUCTION OF CITY GOVERNMENTAL AND ADMINISTRATIVE OFFICES AND OTHER PUBLIC IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH. - WHEREAS, the City Council of the City of Carlsbad, California is proposing certain public improvements as described herein; and WHEREAS, the Planning Commission of the City of Carlsbad has determined at their regular meeting held June 19, 1980 that the proposed acquisition and the project is consistent with the City’s general plan as required by Governrrient Code S65402 and Carlsbad Municipal Code Section 2.24.065; and WHEREAS, Negative Declaration, Log No. 723, has been prepared and certified in satisfaction of the requirements of the City of 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 Code of Civil Procedure Section 1245.235; and WHEREAS, after said culy noticed public hearing, the City Council of the City of Carlsbad finds, determines and hereby declares as follows: 1. That the public interest and necessity require the acquisition, construction and completion by the City of Carlsbad, County of San Diego, State of California, of certain public improvements to wit: as governmental and administrative offices in conjunction with the existing City Hall and City Library complex and construction construction of public buildings to serve of parking facilities necessary to serve the governmental office complex thereby creating an expanded centralized City Hall complex. 2. That public interest and necessity require the acquisition of title in fee simple absolute of the real property as generally 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, 1240.220 and 1255.410. B. Government Code Sections 37350.5, 37352 and 37353. 4. That use of all said real property for construction of public buildings, including governmental and administrative offices, 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. 6. That said proposed public improvements are planned and located in a manner which is most compatible with the greatest public good and least private injury. 7. That the Planning Commission has reported that these public improvements are consistent with the City's general plan pursuant to Government Code Section 65402 as implemented by Section 2.24.065 of the Carlsbad Municipal Code. -2- 8. Thatthe property will be used within seven years as provided in Code of Civil Procedure Section 1240.220; 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 Part3, 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 public improvements herein described. 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 or 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. 3. That the real property, which the City of Carlsbad -3- )y this resolution authorizes to be acquired for construction md installation of the public improvements herein described ,s generally described in Exhibit A, attached hereto and made I part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2ity Council of the City of Carlsbad, California held on the 19th day of August , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ATTEST : A -d. l<aAAu- ALETHA L. RAUTENKRANZ, City Clerk& ( SEAL) -4- e m EXHIBIT A TO RESOLUTION NO. 6282 All that portion of Tract 119 of Carlsbad Lands, in the County of San Diego, State of California, according to map thereof No. 1661, filed in the Office of County Recorder of San Diego County, March 1, 1915, described as follows: BEgINNING at the Northerly corner of said Tract 119, thence;South 34 33' East along the easterAy line of said Tract 119 a distance of 815.02 feet; thence South 55 g7' West 120.00 feet to the TRUE POINT OF BEGINNING; thence South 34 33' East 180.15 feet to a point in the Northwesterly line of the land described in deed to Augustus Wakeman, Et Ux, dated September 22, 1926 and recyded April 19, 1926, in Book 1270, page 275 of Deeds; thence South 55 27' West along the- Northwesterly line of said land described in deed to Wakeman and along the Northwesterly line of that land described in deed to J.H. Deardorff, Et Ux, recorded April 28, 1923, in Book 934, page 259 of Deeds; thence 543.51 feet, more or less, to the Westerly line of said Tract 119, said point also being the Northeaster18 corner of Tract 117, as shown on said Map 1661; thence North 0 52' West along the Westerly line of said Tract 119 a distance of 216.92 feet to the Southwesterly corner of the land described in deed to Homer Lehr Goddard, Et Ux, recorded June 13, A942, in Book 1356, page 302 of Official Records; thence North 55 27' East along the Southwesterly line of said Goddard's land a distance of 423.21 feet to the TRUE POINT OF BEGINNING.