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HomeMy WebLinkAboutCC RESO 7225RESOLUTION NO. 7225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE FILING OF A CONDEMNATION SUIT.. WHEREAS, it appears to the satisfaction of the City Council of the City of National City, California, and said City Council hereby finds that it is necessary that a certain easement and right of way in certain and defined be acquired lands hereinafter more fully described in the name of the City of National City, a municipal corporation, for the purpose of the acquisition and construction of a certain drainage works, to wit: the installing of a concrete culvert and pipe for conducting storm waters under 30th Street in the City of National City, and providing a reservoir and an area over which to spread the storm waters flowing therefrom. NOW THEREFORE the City Council of the City of National City does hereby resolve, determine and declare as follows: §I. It is necessary that said City of National City take and condemn an easement and right of way as hereinafter specifically described and defined for the construction, perpetual maintenance and operation of the above described drainage works. Said easement and right of way is on lands situated in the County of San Diego, State of California and is more particularly described as follows: Parcel 1: That portion of the Southeasterly Quarter of 40 Acre Lot 2 in Quarter Section 134 lying Northerly of the Sweetwater River, Southerly of tl2e center Jane of tEe "Sweetwater River Road" and Westerly of the Westerly line of the right of way of the San Diego 8. Arizona Railway, as located on May 27, 1897, through said 40 Acre Lot'2, being in Rancho de la Nacion, in the County of San Diego, according to the Map thereof No. 166 on file in the Office of the County Recorder of San Diego County. Parcel 2: All that portion of the Southwesterly Quarter of 40 Acre Lot 2 in Quarter Section 134 lying Northerly of the Sweet- water River, being in Rancho de la Nacion, in the County -1- of San Diego, State of California, according to Map thereof No. (66 on file in the Office of the County Recorder of San Diego County. Parcel 3: Lots 10 and 27 and those portions of Lots 8, 9, 28, 31 and 32 of Olivewood Acres, in the County of San Diego, State of California, according to Map thereof No. (665, filed in the Office of the County Recorder of San Diego County April 10, 1915, and of Riverside Avenue lying between Lots 8, 9, 10 and 11 of said Olivewood Acres on the North and Lots 26, 27, and 28 of said Olivewood Acres on the South, as vacated and closed to public use, described as a whole as follows: Beginning at the Southwest corner of 40 Acre Lot 2 in Quarter Section 134 of Rancho de la Nacion, in the County of San Diego, State of California, according to Map thereof No. (66.filed in the Office of the County Recorder of San Diego County; thence Northerly along the Westerly line of said 40 Acre Lot 2, to an intersection with the center line of the Sweetwater River; thence Northeasterly along said center line 180.50 feet, more or Tess, to the Northeast corner of the land described in deed to Henry B. Adsit, recorded February 26, 1926 in Book (162, Page 319 of Deeds; thence South 19° 32' East along the Easterly line of said Adsit sland 328.00 feet to the Southerly line of 40 Acre Lot 2-above mentioned; thence North 71° 42' East a distance of 15.13 feet; thence South I8° 18' East 40.00 feet; thence Southwesterly along the arc.of a curve concave Southeasterly, with a radius of 360.00 feet, a distance of 19.48 feet; thence South 18° 18' East to the Southerly line of they Northerly Half of the Northwesterly Quarter of 40 Acre Lot 1 in Quarter Section 135 of said Rancho de la Nacion; thence Westerly along said Southerly line to the Westerly line of said 40 Acre Lot 1; thence Northerly along said Westerly line to the point of beginning. §2. The use of said lands for said purpose is a public purpose authorized by law, and is necessary to such public use. §3. The public interest and necessity require the construction of said improvement for which said easement and right of way is required. Said easement and right of way hereinabove described is necessary for said improvement. §4. That an action or actions as may be necessary be instituted in the name of the City of National City, a municipal corporation, by the City Attorney of City of National City against the owner or owners, or claimants to take and condemn said easement and right of way for the purposes hereinabove set forth. 5. That in said proceedings, due to the urgency for immediate construction of said public works, application may be made forthwith to the Superior Court of the State of California in and for the County of San Diego for immediate possession of said easement and right of way under and pursuant to the provisions of Article 1, §I4 of the Constitution of the State of California and the appropriate City Officials be, and hereby are, authorized and directed to take whatever steps are necessary to make such cash deposit into Court as may be fixed by the Court as security for the defendants therein. PASSED AND ADOPTED this day of `71/1 ' 1958 by the following vote: AYES y=ssman, Ho? l�� ,,orth �-�od�.- _ � oy NOES: Allen, Hart ABSENT None ATTEST: 5/4 %a-e CITY CLERK Licavia0.TJL4-- /l 66L4 �lh.. MAYOR