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HomeMy WebLinkAboutCC RESO 612346 --51y R E S O L U T I O N N O. �• Ise-.LA-"div A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE LOCATION, ESTAB- LISHING, WIDENING AND STRAIGHTENING OF A DITCH AND DIVERTING THE CHANNEL OF A. STREAM THROUGH, OVER, ALONG AND ACROSS CERTAIN LANDS HEREINAFTER DESCRIBED IN THE CITY OF NATIONAL CITY AND FOR ALL OTHER PUR- POSES INCIDENTAL THERETO, AND THAT THE PUBLIC INTER- EST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF AN EASEMENT AND RIGHT OF WAY THROUGH, OVER, ALONG AND ACROSS THE PROPERTY TO BE USED BY SAID CITY FOR THE LOCATION, ESTABLISHING, WIDENING AND STRAIGHTEN- ING OF SAID DITCH; DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID EASEMENT AND RIGHT OF WAY UNDER EMINENT DOMAIN PROCEEDINGS AND TO MAKE SAI➢ IMPROVEMENT; DIRECTING THE CITY ATTOR- NEY OF THE CITY OF NATIONAL CITY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF CONDEMNING SAID PROPERTY AND ACQUIR- ING SAID EASEMENT AND RIGHT OF WAY. BE IT RESOLVED, by the Council of the City of National City as follows: Section 1: That the public interest, convenience and necessity of the City of National City, and the inhabi- tants thereof, require the location, establishing, widening and straightening of a ditch and diverting the channel of a stream through, over, along and across the land herein- after described and for all other purposes incidental thereto. Section 2: That the public interest, convenience and necessity of the City of National City, and of the inhabitants thereof, demand the acquisition and taking of an easement and right of way for the location, estab- lishing, widening and straightening of a ditch and diverting the channel of a stream through, over, along and across the land hereinafter described and for all other purposes incidental thereto. Section 3: That it is the intention of the City of National City to acquire said easement and right of way under eminent domain proceedings and that the property sought to be condemned, together with the namas of the owners and claimants of any interest in said prop- erty, are as follows, to wit: An easement for the purpose of a right of way to locate, establish, widen and straighten a ditch and divert the channel of a stream through, over, along and across that portion of the South 24 rods of the West Half of 20 Acre Lot 2, Quarter section 132 of_Rancho de la Nacion, in the City of National City, County of San Diego, State of Calif- ornia, according to Map No. 166 made by Morrill on file in the office of the County Recorder of San Diego County, described as follows: Beginning at the intersection of the Westerly line of said Lot 2 with a line drawn parallel with and 110 feet Northerly at right angles from the Northerly line of 12th Street, as a portion of the Northerly 30 feet of said Deed is described in deed to the City of National City dated October 7, 1926 and recorded in Book 1280, Page 171 of Deeds, being also the most southerly corner of a parcel of land described in deed to Edwin J. Fox dated November 15, 1952 and recorded in Book 4690 at Page 399 of Official Records; thence North 71° 10' 30" East, (Record North 71° East) along the Southerly line of said land 40 feet to the true point of beginning; being the Easterly line of Highland Avenue; thence continuing along said Southerly line North 71° 10' 30" East (Record 71° East) 280 feet and North 65°. 20' 08" East 189.66 feet; thence leaving said South- erly line South 46° 32' 46" West, 199.89 feet; thence parallel with said Southerly line South 71° 10' 30" West (Record South 71° West) 286.99 feet to the East- erly line of said Highland Avenue; thence North 18° 49' 30" West, along said Easterly line, 64 feet, to the true point of beginning. OWNERS AND CLAIMANTS: G. C. Trotochau 935 East 12th Street National City, California Afton M. Trotochau 935 East 12th Street National City, California Section 4: That the taking and acquiring by the City of National City of the properties hereinbefore described -is deemed necessary for the location, estab- lishing, widening and straightening of a ditch and diverting the channel of a stream through, over, along and across the land hereinbeforedescribed and for all other purposes incidental thereto, and it is hereby ordered that said improvement be made. Section 5: That the City Attorney of said City be and he is hereby authorized and directed to commence an action in the Superior Court of the State of California in and for the County of San Diego in the name of and on behalf of the City of National City against the owners and claimants of the hereinabove described prop erties for the purpose of condemning and acquiring an easement and right of way through, over, along and across said properties for the use of said City. Section 6: That said improvement is planned and located in a manner which will be most compatible with the greatest public good and least private injury. PASSED AND ADOPTED by the City Council of the City of National City, California, this day of .:_ i ii.:..r'..t... ...._.... , 1� 5�l , by the following vote, to -wit: : AYES: Councilmen Carn.,;;:bell. 1 . P^.Weser. Par^11<n , Sa2n NAYS: ABSENT: ATTEST: Councilmen None None City Clerk. �5th Mayor of the City,yf National City, California. Resolution 3 6th I hereby approve the foregoing { Oedin,arion., this day of "re ry , 19.:.54 Mayor of the City of National City, California. { Resolution hereby certify that the above and foregoing is a full and true copy of No Ordinance of the Resolutions Ordinances } of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy