HomeMy WebLinkAbout2012-02-14; City Council; Resolution 2012-0321
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RESOLUTION NO. 2012-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
INTERESTS FOR THE TERRAMAR SEWER LIFT STATION,
PROJECT NO. 5502.
WHEREAS, the portion of real property that is subject of this Resolution (the "Subject
Property") is located in the City of Cartsbad, County of San Diego, State of California, is located
West of Interstate 5 near the intersection of Cannon Road and Carisbad Boulevard; is a portion of
a larger parcel that is presently designated as San Diego County Assessor's Parcel Number 210-
010-40 and is legally descnbed and depicted in Exhibits "A" and "B" hereto (incorporated herein by
this reference); and
WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed
Project") is a replacement ofthe Terramar sewer lift station, Project No. 5502; and
WHEREAS, the interest in property that is the subject of this Resolution ("Subject
Property Interest") is described in Exhibits "C" and "D" (incorporated by this reference); and
WHEREAS, the statutes that authorize the City of Cartsbad to acquire the Subject
Property Interest by eminent domain include Article I, Section 19 of the California Constitution,
Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.130, 1240.510, and 1240.610
of the California Code of Civil Procedure and Sections 37350, and 37350.5 of the California
Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That notice of the City Council's intention to adopt this Resolution of Necessity
was duly given as required by Section 1245.235 of the California Code of Civil Procedure.
3. On February 14, 2012 the City Council of the City of Carlsbad did hear and
consider all of the evidence presented.
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4. The public interest and necessity require the Proposed Project.
5. The Proposed Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
6. That the Subject Property interest is necessary for the Proposed Project.
7. The offer required by Section 7267.2 ofthe Government Code has been made to
the owner of record of the Subject Property.
8. To the extent that the Subject Property is already devoted to a public use, the
use of the Proposed Project is a compatible use that will not unreasonably interfere with or impair
the continuance of the public use as it presently exists or may reasonably be expected to exist in
the future (California Code of Civil Procedure section 1240.510) orthe use ofthe Proposed Project
is a more necessary public use than is the presently existing public use (California Code of Civil
Procedure section 1240.610).
BE IT FURTHER RESOLVED AND ORDERED that the City Attorney of the City of
Carisbad is hereby authorized and empowered:
1. To acquire (in the name of the City of Cartsbad) the Subject Property Interest by
condemnation in accordance with the Constitution and laws relating to eminent domain.
2. To prepare and prosecute in the name of the City such proceedings in the proper
court having jurisdiction thereof as are necessary for such acquisition.
3. To compromise and settle such proceedings if such settlement can be reached
and, in that event, to take all necessary actions to complete the acquisition including stipulations
as to judgment and other matters and causing of all payments to be made.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Cartsbad on the 14th day of February 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
MAT?!" HALl, Mayor
ATTEST:
(SEAL)
INE M.WjOQP, City Clerk