The URL can be used to link to this page

Home My WebLink About1995-01-10; City Council; Resolution 95-9!I 0 0 JlA5llDl.L LYU. L b 1 2 3 4 5 RESOLUTION NO. 95-9 A RESOLUTION OF ME CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREOF i3 ll 7 WHEREAS, the City of Carlsbad, County of San Diego, State of California, 8 9 10 11 12 13 14 15 16 WHEREAS, the plans for the project in the City of Carlsbad are on file in the Office 17 WHEREAS, on December 21, 1994, the Planning Commission of the City of Carlsl: 18 the Community Services Department of the City of Carlsbad; ‘and, 21 the proposed location, purpose, and extent of the project is consistent with all elemenl 2o pursuant to the provisions of the California Government Code, Section 65402, found tl 19 the City of Carlsbad General Plan; and, proposes to acquire a solid waste transfer facility and appurtenances thereto on the property described in Exhibit “A attached hereto, hereinafter referred to as ‘‘the project” and, WHEREAS, the project requires the acquisition of certain real property interests; an WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the acquisition of real property or interests therein for the project pursuant to Government Code Sections 37350 and 37350.5; and, 22 23 WHEREAS, pursuant to California Public Resources Code Section 21000 and following the regulations promulgated thereunder, this City Council has determined the 24 25 26 project is categoricaly exempt pursuant to 14 CCR Section 15301; and, WHEREAS, the real property or interests therein sought to be acquired are locatec 27 I/ within the territorial limits of the City of Carlsbad and are necessary for the proposed 28 I/ project; and, 0 0 1 WHEREAS, the City of Carlsbad has established the amounts which it believes to bE 2 6 offered to the owner of said real property or interests therein the full amount established 5 WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has 4 sought to be acquired; and, 3 the just compensation for the hereinafter described real property or interests therein as just compensation for said real property or interests therein sought to be acquired; 7 /land, 8 I/ WHEREAS, the City of Carlsbad has provided the owner of said real property or 9 10 11 12 13 interests therein a written statement of and summary of the basis for the amount established as just compensation for the real property or interests therein sought to be acquired; and, WHEREAS, a reasonable length of time has expired since the date of the offer to th 14 owner of the real property or interests therein sought to be acquired, and the owner ha: 15 failed to favorable respond to the offer of the amount established by the City of Carlsba 16 as just compensation; and, 17 WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Sectior 18 2o whose names and addresses appear on the current equalized County Assessment Roll 19 1245.235, the owner of the real property or the interests therein sought to be acquired has been sent a Notice of Intention to Adopt a Condemnation Resolution, and has bee1 21 provided with an opportunity to appear and be heard on the matters referred to in 22 23 California Code of Civil Procedure, Section 1240.030. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carlsbac 24 25 California, as follows: /I 1. The public interest and necessity require the proposed project. 26 27 11 2. The proposed project is planned and located in a manner which will be 8 28 most compatible with the greatest public good and the least private injury. L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. The real property or interests therein, hereinafter described in this Resolution, are necessary for the proposed project. 4. The proposed project is a matter of public necessity. 5. The use of all and each and every part of said hereinafter described real property or interests therein for the use and purposes of the proposed projects is a public use an1 a use authorized by law. 6. The public interest and necessity require that the property or interests therein, hereinafter described in this Resolution, be taken. 7. The property and interest therein hereinafter described is being acquired for a compatible joint use pursuant to Section 1240,510 of the Code of Civil Procedure. 8. The property and interest therein hereinafter described is being acquired for a more necessary public use pursuant to Section 1240.610 of the Code of Civil Procedure BE IT FURTHER RESOLVED by this City of Carlsbad, that the firm of ASARO, KEAGY, FREELAND & MCKINLEY (hereinafter "special counsel") be, and is authorized a empowered, and directed in the name of the City of Carlsbad to acquire by donation, purchase, or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain the hereinafter describec interests in real property; To prepare and prosecute in the name of the City of Carlsbad such suit or suits in tl proper court having jurisdiction thereof as are necessary to condemn, take, and acquirc said hereinafter described real property, or any part thereof, for the proposed project. To make an application to said court for an order determining the amounts of monl to be deposited as security for the payment of the just compensation which will be mac for the taking of the real property or any part thereof, or interests therein necessary for ' proposed project and any damage incident thereto, and to make application to said co for an order permitting the City of Carlsbad to take immediate possession of and to usc /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e said real property and part thereof, or interests therein, sought to be condemned for the proposed project; To make deposit for such security for such right of way out of proper funds under thc control of the City in the amount determined by the court in the manner directed by the court; To incur on behalf of the City of Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. The real property referred to in this Resolution is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described and depictel on Exhibit "A" attached hereto and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the members of the Carlsbad City Counc at a regular meeting held on the 10th day of JANUARY, 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT None ATTEST (( KAREN Ei. KUNDTZ, Assistant City Clerk (SEAL) ~~LIIUIL li (Page 1) EXMm -A* Cmty of san ai- To The City cf CartsbaQ a LMuni@al Carpc~ticn A PC~ON aFm m- w-n zL?q -03'0 - 26- A pawl af land klrted wrthin porticn d !ct "9" of Raao ACJS Hediand.a, in the City ai Carisbad, Caunty ai Sa Oiqa, Catifcrnra =dig ta ,htau 323 reezrced in the GRca sf tke Caunty 5eCctderjf said Camty on may 5,1915 bins rnm garhiacy desczbed as Mows ES'INNING at ??int number 14 af la! 'T of ,??.artca &ua Heciw,c!a. ac==rding 33 !&a 23 ;aczrdad in h~ OfiTca af tbe C;=unty Re d said Caunty cn May 5,1915; *8nCa s t'4'7s3*'N z6.4 fw !h%CS s' -%'%-s 'N fa8.55 feet *&lCa S 7 =E'74- IN X7.30 ;'ijet b ttre ,tam wstcdy cmw =f *e .x~erty deeded :o $98 City si Cartsaad ;er deed met4 zn ha 20.1982 as &caA rW ZP 92-201;'SG; hnw aicng !he wesbdy line cf said City of Cadscad papmy, a-g ta the &ed *eretC, S t Ooe7s" 'N 27S-42 feet b *e TRUE ?CINT OF 3€.3DJWG, #id *int- aka k,eiq a6 sa* "EX&Y umer ct ad C;ty gruperty; *eccr, ai- he saakerty line cf said City ,srt;=q, ac=ading tn rhe deed 'slerero, S 7'V:SG'' E TC3.35 feet :a 38 xurh aasteriy mer ,-f said City m hema departing ?ern the 'murscary d ;-aid crtj prcperty S za'7ra E ~cO :@ $xmce S =7*1Z6" 'N E.= fees 5 a ;cmt in a non-tanqsrrc me mcav8 !a tfse w85~ having a rachs st ?CQ.CU feet a ,aciai of said wta tmqr~ said pint haring N 50TW Vi: 3mce sourttedy &cr?g faid =me ttttcu~ m stp cfi"54'14''3 distanca ctSdQ,10 fat fo !ke md cf sad we, 3 radial line m said and h~ S 3.1 '38T5" E !heno 1'4 3'21'55" S el. t 3 fat :a the 3-asterry rigt4+sy Ihe cf S Camina 2eat; *mea at- 'he a?sterty 1~- d-wy line at 3 Camm ,taai N 28'1EZ' 'N 17372 2et t;l a point cf i- d tftsta~ri~~~~eafa~Reaiand~he~~li~scf*nepcp6#ty deeded:e,~eCxartycfSul~~u~~reorded~~lal~~~~ l~~FIPJ431J1~;~~~~lbtedsaidC;rt;ntypmpsrty, 3~rdir;gtlf~ededd~N51'~E~t.~~~aFcirrtint~~arrvo ~cavero~el~havlIlgaradiusaf~~feetaradfaldsa13~~Said ,zcint 5ears S SCS3Y5" % thema &rtg said cave anb cmliming along ihewssterty line cf said Carny ?mcut?./, ac;;i;ruing ta "78 Cad thereto, '.ftrOuqn M -!e of so S 1 '52" a cisrartcs d =a 79 im 5wca c=ntinuing alcng ~9s wstedy line ai said ~C~unty gmpmy, m tu *e daed aemtu, N 38'?mW 'N as.% faat; mcz =minting dang 'Sla wmwy line d sad Catmy prccerty, arbing tu t3e m aWBtcY, N 73'1 TZ? W 231 -59 feet to the TWE PGfNT OF 3ESNNING Said pmzd c~ta~ns t 7. t 96 aces mure cr ~ess. -. "- - - * . -*w ~~ "~~""""" 1 ""_ ..