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R 1442 ~. :J . r -' RESOLUT I Olj NO. 1442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING AND DECLARING THE NECESSITY FOR CONDEMNATION OF PRIVATE PROPERTY FOR THE ARROYO GRANDE CITY WATER STORAGE FACiliTY IMPROVEMENT PROJECT, TOGETHER WITH ACCESS THERETO, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN lUIS OBISPO, STATE OF CALI FORN I A BE IT RESOLVED by the City Council of the City of Arroyo Grande as fa 11 ows: It finds and determines and hereby declares that the public interest I and necessity require the acquisition, construction and completion by the City of a public improvement, to wit: the Arroyo Grande City Water Storage Facility Improvement Project and transmission lines, together with access to and from said water storage facility and transmission lines; and further that in connection therewith, the acquisition of title in the real property described In Appendix "A" attached hereto as described there in as necess.ary therefor. It finds and determines that said proposed public improvement planned and located in the manner which will be most compatible with the greatest public good, and the least private Injury. The City Council shall acquire In the name of the City the said interest in real property by donation, purchase, or by condemnation in accordance with the provisions for eminent domain contained in California Government Code sections 37350.5 and 54341. The law firm of Shlpsey & Seitz, Inc., City Attorney for the City of Arroyo Grande, is hereby authorized and empowered: To acquire in the City's name, by condemnation, the said interest in real property in accordance with the authority for eminent domain, granted by the Constitution of the State of California and the above cited statute, and in accordance with the procedures set forth in the Code of Civil Procedure of the State of California; To prepare and prosecute in the City's name such proceedings in the proper court as are necessary for such acquisition; and To apply to said court for an order fixing the amount and nature of such security as it may direct, and to deposit such security as so directed, and for an order permitting City to take immediate possession and use of said real property or interest therein for said public uses and purposes. The said interests in real property are more particularly described in p Appendix "A" attached hereto and incorporated herein by reference. On motion of Council Member Millis, seconded by Council Member Smi th, and on the following roll call vote, to wi t: AYES: Council Hembers Smith, Hogan, Hillis, Vandeveer, and Mayor Pope NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of October, 1980. ., '. 1<- ^m"~~ ~(",,;75-4<6 HAYO I DEPU Y I CLERK ~ J"- I ----~---- tJuc . ~- ) -' APPENDIX A RESOLUTION ND. 1442 . FREDERICKS Sheet 1 of 4 . PARCEL A: That portion of Lot 91 of the map of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as per map filed in Book '. A, Page 65 of Maps in the Office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of the land described in the deed to Amasa W. Dixson recorded in Book IS, Page 302 of ~eeds, records of said County, marked by a post set by A.F. Parsons in February, 1892, presently marked by an 1 1/4 inch diameter pipe tagged RCB 6923 as shown on the map filed in Book 8, Page 120 of Reocrds of Survey in said County Recorder's Office; . Thence North 540 East 664.00 feet to a point. from which the most Easterly corner of said land of Dixson bears North 540 East 537.30 feet, more or less. marked by a post established by A.F. Parsons in February, 1892, presently marked by an old fence corner, said point being the TRUE POINT OF BEGINNING; Thence at right angles South 360 East 240.00 feet to a point; . Thence at right angles North 540 East 272.00 feet to a point; Thence at right angles North 360 West 240.00 feet to a point; Thence South 540 West 272.00 feet to the True Point of Beginning; containing 1.50 acres. PARCEL B: An easement over that portion of Lot 91 of the map of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as per map filed in Book A, Page 6S of Map~ in the Office of the County Recorder of said County, for.Ac.c.<2<;C. E{. <-O",re-i.1 ~V\.Q. and inci- dential purposes described as follm.,s: Beginning at an angle point in the Southerly right of way line "- of Branch Mill Road according to the deed to the County of San Luis Obispo from A.N. Dixson recorded in Book 88 of Deeds at Page 485 in said County Recorder's Office, which angle point is on the .....:::- ... - :..:;',~# - -~- ~~..".~,~....._......,-,...~........... -"'.- ~ ,\JU J . FREDERICKS Sheet 2 of 4 . Northeasterly line of the land described in the deed to Amasa W. I Dixson recorded in Book IS, Page 302 of Deeds, Records of said County, and said angle point being opposite that point noted as "station 40-22" (sic) which 1.s on the Northerly side of said road, also from said' angle point an 1 inch diamter pipe tagged LS 3756 bears North 120 45' 49" East 26.26 feet distant; Thence along said Northeasterly line of the land of Dixson South 360 51' 58" East 31.00 feet to a point; Thence leaving said line North 260 28' 04" East 30.88 feet to a point on the Southerly right of way line of said Branch Mill Road from which the point of beginning bears South 840 58' 42" West 32.49 feet distant; Thence along said right of way line South 840 58' 42" West 32.49 feet to the Point of Beginning. - PARCEL C: An easement for. A-~C'_.ei;,c;. . 4 . W...+-=ec.Ll~i'"'and incidental purposes 10 feet wide over that portion of Lot 91 of the map of parts of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California. as per map filed in Book A, Page 65 of Maps. in the Office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of Parcel V.A. described in the deed to Vernon L. Frederick and wife recorded in Book 1943, Page 993 of Official Records. in said County Recorder's Office, being recited as stake L No. 1 therein; Thence along the Southwesterly line of said Parcel V.A. North 340 13' West 1496.48 feet. more or less, to the TRUE POINT OF BEGINNING. from which the most Southerly corner of the land described in the deed to Amasa W. Dixson recorded in Book 15. Page 302 of Deeds, records of said County bears North 340 13' ~ West 700.00 feet distant marked by a post established by.A.F. Parsons in February. 1892. presently marked by an 1 1/4 inch diameter pipe 'tagged RCE 6923 as shmm on the map filed in Book 8. Page 120 of Records of Survey in said County Recorder's Office; Thence North 340 13' West 700.00 feet to siid most Southerly corner of the land of Dixson; .0. __'~. ...'-;~ "'"Of -.-....---- ------ ~----- , ij~~ ~ ~ FREDERICKS Sheet 3 of 4 . Thence North 540 East 664.00 feet to a point from which the most Easterly corner of said land of Dixson bears North 540 East 537.30 I feet, more or less, marked by a post established by A.F. Parsons in February, 1892, presently marked by an old fence corner; l Thence at right angles South 360 East 10.00 feet to a point; Thence at right angles South 540 West 654.31 feet to a line which is parallel with and dista~t 10.00 feet Northeasterly from said Southwesterly line of Parcel V.A.;. . Thence along said parallel line South 340 13' East'690.31 feet to a point from which the True Point of Beginning bears South 550 47' West 10.00 feet distant; Thence South 550 47' West 10.00 feet to the True Point of Beginning. .- PARCEL D: An easement for .1/-c.c::.e.F l/ Ob-+e.r L,~ and incidental purposes over that portion of Lot 9 of the map of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as per map filed in Book A, Page 65 of Maps in the Office of the County Recorder of said County, included within a strip of land 25 feet wide lying 12.50 feet on each side of the following described centerline: Beginning at the most Southerly corner of the land described in the deed to Amasa W. Dixson recorded in Book 15, Page 302 of Deeds, records of said County, marked by a post set by A.F. Parsons in February, 1892, presently marked by an 1 1/4 inch diameter pipe tagged RCE 6923 as shown on the map filed in Book 8, Page 120 of Records of Survey in said County Recorder.' s Office; Thence North 540 East 478.52 feet to a point, from which the most Easterly corner 'of said land of Dixson bears North 540 East 722.78 feet, more or less, marked by a post established by A.F. Parsons in February, 1892. presently marked by an old fence corner. said point being the TRUE POINT OF BEGINNING; I I Thence South 440 01' 08" West 77.44 feet to a point; Thence continuing Southwesterly along a tangent curve concave Easterly with a radius of 70.00 feet through a central angle of 870 36' 03" an arc distance of 107.02 feet to a point; , .. .~i .----..-. . -:-.~ ~_~. ___T"'-_____'_. ...." -----.~. ~~tJ . ~. ~ . - FREDERICKS Sheet 4 of 4 . Thence South 430 34' 55" East 44.67 feet to a point; I Thence continuing Southeasterly along a tangent curve concave Northerly with a radius' of 150.00 feet through a central angle of 1170 39' 57" an arc distance of 308.05 feet to a point; Thence North 180 45' 08" East 95.33 feet to a point on the South- westerly line of Parcel A herein described. The sidelines of this easement shall be extended or shortened as necessary to terminate Northwesterly at the Southeasterly line of said land of Dixson and Southeasterly at the Southwesterly line of Parcel A herein des.cribed. . ~ !. P ,. . ~..' -''''~<.:;.- . ~~ ~ 'J u . MARSALEK Sheet 1 of 2 . . PARCEL E: An easement. for A-=~<;. t{ ltJbo\-~I,,,,,e. and incidental purposes over . that portion of Lot 91 of the map of the Ranchos Corral de Piedra. Pismo.and Balsa de Chemisal,in the City of Arroyo Grande. County I of San Luis Obispo. State of California. as per map filed in Book A. Page 65 of Maps in the Office of the. County Recorder of said County, I included within a strip of land 20 feet wide lying 10.00 feet on I l each side of the fallowing described centerline: Beginning at the most Southerly coiner of the land described in the deed to Amasa W. Dixson recorded in Book 15. Page 302 of Deeds; records of said County. marked by a'post set by A.F. Parsons in February. 1892. presently marked by an 1 1/4 inch diameter iron pipe tagged RCE 6923 as shown on the map filed in Bo~k 8. Page 120 of Records of Survey i~ said County Recorder's Office; . Thence North 540 East 478.52 feet to a point. called herein. for convenience only. POINT A; Thence continuing North 540 East 722.78 feet. more or less. to the most Easterly corner of said land of Dixson marked by a post set by A.F. Parsons in February. 1892. presently marked by an old fence corner; Thence North .360 51' 58" West 299.39 feet. more or less. to the TRUE POINT OF BEGINNING from which an angle point in the Southerly right of way line of Branch Mill Road described in the deed to the County of San Luis Obispo from A.W. Dixson recorded in Book 88 of Deeds at Page 485. records of said County bears North 360 51' 58" . West 19.62 feet distant, which angle point is on the Northeasterly line of the land described in the deed to Amasa W. Dixson recorded in Book IS. Page 302 of Deeds. Records of said County. and said angle point is opposite that point noted as "station 40-22" (sic) which is on the Northerly side of said road. also from said angle point an 1 inch diameter pipe tagged LS 3756 bears North 120 45' 49" East 26.26 feet distant; Thence crossing said land of Dixson along said centerline South 260 28' 04" West 6.40 feet to a point; Thence continuing Southwesterly along a tangent curve concave Northwesterly with a radius of 250.00 feet through a central angle of 200 20' 33" an arc distance of 88.76 feet to. a point; Thence South 460 48' 37" 11est 46.83 feet to a point; i < I '" .,~~j .- ~~____ ,.._...____..:~.~.....-~'\'aJ'::""O'~'='"'~'!1f- ~. ........ _.t. .__~ --..-.. ...,~ ;j~I:J. , r ~ . MARSALEK Sheet 2 of 2 . Thence South 390 35' 30" West 87.75 feet to a point; Thence South 420 41' 35" West 64.91 feet to a point; I Thence continuing Southwesterly along a tangent-curve concave Southeasterly with a radius of 450.00 feet through a central angle of 310 05' 06" an arc distance of 244.14 feet to a point; Thence South 110 36' 29" West 107. 71 f~et to it point; Thence continuing Southwesterly along a tangent curve concave Northwesterly, with a radius of 150.00 feet through a central angle of 320 24' 39" an arc distance .of' 84.85 feet' to a point; Thence South 440 01' 08" West 64.34 feet to POINT A. the end of said centerline. The side lines of this easement shall be extended or shortened as necessary to terminate Northerly at. the Northeasterly line of said land of Dixson; Southerly on the Southeasterly side at the Southeasterly line of said land of Dixson and on the North- westerly side in the Northeasterly line of the land described in the deed to Mat Chapek recorded in Book 73. Page 53 of Deeds Rec- ords of said County. p ,.; ~I \ .-,.-, ... -----"