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