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1987-041 Eminent DomainRESOLUTION NO. 87-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF PROPERTY FOR STREET PURPOSES AND RELATED PURPOSES, AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND INTEREST IN REAL PROPERTY TO BE USED IN CONNECTION THEREWITH (Assessor's Parcel No. 216-110-29) WHEREAS, Encinitas is a general law city organized and existing under and pursuant to California Statutes; and WHEREAS, it is necessar~ for the City of Encinitas to acquire property in order to facilitate the construction of a street and related appurtenances; and WHEREAS, public convenience and necessity require the acquisition for and in connection with the aforesaid public improvement of the real property or interest in real property described in Exhibit A attached hereto; and WHEREAS, said public improvement is planned and located in a manner that wtll be most compatible with the greatest public good and the least private in3ur~; and WHEREAS, the real property or interest'in real property are located within the boundaries of the City of Encinitas; and WHEREAS, the City of Encinitas is authorized to acquire said property by eminent domain pursuant to Government Code sections 37350 and 37350.5 and Code of Civil Procedure sections 1240.110 and 1240.120; and WHEREAS, the City Council of the City of Encinitas has given each person whose property is to be acquired by eminent domain and whose name end address appear on the last equalized county assessment rol~ notice and a reasonable opportunity to appear end be heard, on matters referred to in Code of Civil Procedure section 1240.030; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Encinitas as follows: 1. That the public interest, convenience, and necessity of the City of Encinttas and the inhabitants thereof require the acquisition of the right-of-way and easement for street and related purposes, as described in Exhibit A attached hereto. Book ' Page #--~~ 2. That the public improvements to be constructed upon, over, under, along, and across the properties described in Exhibit A have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. That the offer required by section 7267.2 of the Government Code has been made to the owners of record of the property to be acquired. 4. That all appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to acquire the easement and right-of-way for streets and related purposes, including the right of ingress and egress, in the properties described in Exhibit A in the name of and on behalf of the City of Encinitas, and, to that end, they are authorized and directed to commence and to prosecute an action or actions in eminent domain for the purpose of acquiring said interests. 5. That the City of Encinitas has urgent need for the immediate possession of such properties, and the appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to secure an order of court authorizing the City of Encinitas to take possession of said properties at the earliest possible date. 6. That this resolution is adopted by a vote of two-thirds or more of all members of the City Council of the City of Encinitas. PASSED AND ADOPTED at a meeting of the City Council of the City of Encinitas held on the 11th day of May 1987, by the following vote, to wit: AYES: Council Members Gaines,0msted, Shea, Steel NOES: None ABSENT: Council Member Luke ATTEST: {MCCOEN.R3} - 2 - Book ' Page ~ MIRA LEGAL DESCRIPTION FOR SKY LOFT ALL THAT PORTION OF SECTION 33 ~ SECTION 34, TOkNSHIP 12 SOUTH, RANOE 4 t~ST, S.B.B.&M. SAN DIEGO COUNTY, CALIFORNIA, DESORIBED AS FOLLOWS: A 40.00 FOOT STRIP OF LAM) LYING 10.00 FEET NORT~LY ,aND 30.00 FEET SOUTi-F. RLY OF THE FOLLOWING DESCRIBED LINE: BEOIM~ING AT THE MOST SOUTHEASTERLY ~ OF SKY LOFT CLUSTERS ACCORDING TO MaP NO. ?880 ON FILE INT HE OFFICE OF THE COLNTY ~ OF SAID O0LI~TY; THENCE ALONG THE SOUTFf_RLY LINE OF SAID M~P NO. 7880 SOUTH 89o46'20" WEST 429.00 FEET TO THE POINT OF INTERSECTICN WITH THE CENTER LINE OF ~ ROAD AS SH0~N ON SAID MN= O. 7880; THENCE LEAVING SAID SOLJTHERLY LINE ALCI~3 SAID CENTERLINE OF GASCa~ ~ NORTH 06°43'40'' NEST 3.42 FEET TO A T/~NGENT 200 FOOT RPDIUS CURVE CC)NCAVE SCIJTH~cSTERi. Y; THENCE NCR~TE~LY ALOM3 THE'ARC OF SAID CURVE TFlX)UGH A CENTRAL ANOLE OF 25032'28'' A DISTANCE OF 89.15 FEET TO THE POINT OF REVERSE CURVATURE WITH A 1750 FOOT RADIUS CURVE CONCAVE NORTFEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CLRVE TI~0LXIH A CENTRAL ANGLE OF 34032'50'' A DISTANCE OF 1055, 18 FEET TO THE POINT OF REVERSE CURVATURE WITH A 200 FOOT RADIUS CURVE ca..AVE ~TERI.Y; THENCE NORTFI~ESTERLY ALOM3 THE ARC OF SAID CURVE TPROUGH A CENTRAL Ahl3.E OF 92042'52'' A DISTANCE OF 323.63 FEET, SAID GASCONY ROAD IS NC~ SKY LOF~ ROAD AS SPEb~ (~N SAID MAP NO. ?880; THENCE ALONG SAID CENTERLINE OF SKY LC~r TANGENT TO SAID 200 FOOT RADIUS CURVE SOJTH 89033'50'' NEST .60.00 FEET TO A TANGENT 200 FOOT RADIUS CURVE CONCAVE SOUTHEAST; THENCE i~=STERLY ALQN~ THE ARC OF SAID CURVE TFfiOUGH A CENTRAL ANGLE OF 26019'53`' A DISTANCE OF 91.91 FEET; THENCE TANGENT TO SAID CURVE SOUTH 63013'57'' WEST 195,00 FEET TO A T/~K~ENT 200 FOOT RADIUS C[~VE CagCAVE S(]UTtf. ASTERLY; THENCE SOU~TERLY ALOM3 THE ~ OF SAID CURVE TI~QJGH A CENTRAL AJ~3LE OF 35012' 1.7" A DISTANCE OF 122.89 FEET TO THE POINT OF INTERSECTION WITH THE t~r. STERLY LINE OF SAID Mac' NO. 7880, SAID mINT BEING THE ~___Pp.I_NT OF 8EGIhlqlNG; THENCE LEAVING SAID taESI'EI~Y LINE AND TANOENT TO sAi~.o' [[I~E~."~I3J'~'H'-~80~'i';'~)TJt~c. ST 188.00 FEET TO A TANI3ENT 300 FOOT RADIUS CURVE ~VE NOR~S~Y; ;~ MESTERLY ALCIqG 11-E ARC OF SAID CURVE TI-ROUI3H A ~ ~ ~ 51~8'36' A DIST~ ~ 272.15 F~T; ~ T~T TO ~IO ~ ~ 80°~'16'' ~T 147.00 ~ TO A T~ ~ F~T ~I~ ~ ~~ ~Y; ~ ~~Y ~ ~ ~ ~ ~ID ~ ~ A ~ ~LE ~ 09~7'52" A DI~ ~ 49.55 ~T; ~ T~T TO ~ID ~ ~ 70o32'24" ~ST t~.~ F~T TO A T~T ~ F~T ~I~ ~ ~~ ~~~Y; ~ ~~Y ~ T~ ~ ~ ~ID ~ T~ A ~ ~E ~ 29~9'08' A DIST~ ~ 152.64 ~T; ~ T~T TO ~[D ~ ~ 8~28'28" ~T 165.00 F~T TO A T~T 3~ F~T ~l~ ~ ~~ ~~Y; ~ ~LY ~ T~ ~ ~ ~ID ~ T~ A ~ ~E ~ 43°47' 12' A DI~ ~ 229,27 ~; ~ T~T TO ~ID ~ ~ 65054'20" ~T 132,00 ~ TO A T~ 3~ F~T ~I~ ~ ~~ ~~ST~Y; ~ ~ ~LY ~ T~ ~ ~ ~ID ~ T~ A ~ ~LE ~ 09°03'~'' A DIST~ ~ 47.43 F~T ~ ~ ~ TO ~ ~I~ ~ IN~CTI~ H[~ ~ EXHIBIT "A" Book 'Page Wr=STERLY LINE OF SAID SECTION 34; THENCE CONTINUING VESTERLY ALOWO THE OF 6AID° ~00 FOOT RADIUS CtRVE Ti4~(TJOH A CENTRAL ANOLE OF S3°26'~0" A DISTANCE OF 70.38 FEET; ~ TANGENT TO SAID CURVE SOUTH 78024 '20" t~ST 159.44 FEET ~ (IR LESS TO THE EASTEPJ. Y RIGHT-OF-NAY LINE ACCI3:IDIN0 TO MISCELLANEOUS SURVEY NO. 637 ~ THE POINT OF T~hUS OF SAID 40 HIDE STRIP OF LAhO TOGETHER HITH THAT PORTIC~ OF SAID SECTION 33 LYING N(]R~TERLY OF A 20 FOOT RADIL~ CLRVE ~VE SOUTHEASTERLY AI~ BEING TANGENT TO TIE PENTZQ~D ~ HAVING A EiF.~INO OF SOUTH 78024'20' WEST /~O ALSO BEING TANGENT TO THE ABOVE PENTIONED F-ASTERLY RIGHT-(]F"t4AY LINE HAVING A BEARING OF NORTH 13039'00'' M[ST. THE SIDELINES OF SAID 40 FOOT HIDE STRIP OF ~ SHALL BE LENG~ OR SHOR~ SO AS TO BEOIN AT THE BEFORE Pt=NTI0hE~ M=-STERLY 80LN~ARY LINE OF SAID MAP NO. 7880 ~ TO EhD AT THE BEFORE PENTI0t~d] EASTERLY RIGHT-OF-NAY LINE PE~ SAID MISCEL~ SLRVEY NO. 637. 64040.33 DOT Book '_Page #-~ Book # Il I ~ KLAGGE , STEVENS & ASSOCIATES, IN' Cl-dV$lructurll Englneer~ · Land Survey~ra ,, PlJnm