Item 13 - Resolution of Necessity of City Eminent Domain
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AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
DATE: FebruaryZ8, 1995
SUBJECT: Resolution of Necessity of the City of Poway, California, Finding and
Determining the Necessity that Certain Property be Acquired Under
Eminent Domain Proceedings; Directing the City Attorney to
Commence a Court Action for Said Purpose.
(point Loma Nazarene College/Salisbury -- APN 323-110-28 --
Partial Taking)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 5.31 acres of unimproved property for roadway purposes
and slope and drainage easements, located north of the proposed Parkway in the County
of San Diego, be acquired under eminent domain proceedings for the construction of the
Scripps Poway Parkway East improvements.
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ENVIRONMENTAL REVIEW: The Poway City Council certified the Final
Environmental Impact Report for the Scripps Poway Project East on February 8, 1994.
FISCAL IMPACT: Funds for this project have been budgeted with the overall
improvement program for Scripps Poway Parkway East.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE: Notices of
public hearing were mailed to property owners on January 30, 1995, in accordance with
Code of Civil Procedure 1245.235.
RECOMMENDATION: Staff recommends that the City Council make the appropriate
findings and adopt the attached Resolution of Necessity directing the City Attorney to
acquire the necessary right-of-way for construction of the Scripps Poway Parkway East
Improvements.
ACTION:
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1 of 10 FEB 28 1995
IîEM -13
- AG ENDA REPORro"
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowers~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
DATE: February28 , 1995
SUBJECT: Resolution of Necessity of the City of Poway, California, Finding and
Determining the Necessity that Certain Property be Acquired Under
Eminent Domain Proceedings; Directing the City Attorney to
Commence a Court Action for Said Purpose.
(Point Loma Nazarene College/Salisbury -- APN 323-110-28 --
Partial Taking)
BACKGROUND:
The City Council approved the Scripps Poway Parkway East project in 1991 and
certified the Final Environmental Impact Report for the project in 1994. The Parkway will
connect Interstate 15 with State Route 67, just south of the existing Rio Maria Road. The
Parkway is expected to alleviate traffic congestion on Poway Road, provide access to
Interstate 15 for westbound commuters and ensure better freeway access to and from
Poway's industrial parks. The improved portion of the Parkway currently ends near the
eastern loop of Stowe Drive, about three miles west of State Route 67. Roadway alignment
studies are on file and .have been reviewed previously by the City Council to assure that the
Roadway is located in such a manner most compatible with both the public interest and the
least injury to private property.
The property to be acquired, approximately 5.31 acres of unimproved land owned by
Point Loma Nazarene College (Marilla A. Salisbury Trust), is a portion of a 9.99 acre parcel
located north of the proposed Parkway in the County of San Diego. On January 10, 1995,
the County Board of Supervisors granted the City of Poway the right to acquire rights of way
and easements within the County for the Parkway.
As Exhibit "B" shows, the Parkway will traverse the southeastern corner of the
subject property. A partial taking of the property is necessary to construct the roadway and
slope and drainage easements. Specifically,!. 78 acres will be used for roadway purposes;
ACTION: l
2 of 10 rEa 28 1995 ))
ITEM -13 ,I
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3.37 acres for slope easements; and 0.16 acres for drainage easements within the slope
- easements.
An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $1 to, 100 for the purchase of a right-of-way in fee simple and permanent
slope and drainage easements. An offer to purchase was made to the property owner
pursuant to Government Code Section 7267.2. A notice of public hearing was sent to the
property owner pursuant to Code of Civil Procedure 1245.235.
In order to acquire this parcel through eminent domain, the City Council must find
that:
(a) The public interest and necessity require said proposed project;
(b) Said proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) The property described in the attached Resolution of Necessity is necessary for
the proposed project; and
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
- The attached Resolution of Necessity authorizes the City Attorney to pursue
condemnation proceedings in the Superior Court of the State of California.
FINDINGS:
(a) The public interest and necessity require said proposed project, as the Scripps
Poway Parkway is necessary for the orderly and improved flow of traffic;
(b) Said proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury, as the location of the
roadway follows topographical tines that reduce costs, grading, and other adverse impacts to
private property;
(c) The property described in the attached Resolution of Necessity is necessary for
the proposed project; and
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
ENVIRONMENTAL REVIEW:
No further environmental review is necessary. The Final Environmental Impact
Report was certified on February 8, 1994.
3 of 10 FEB 28 1995 ITEM 13 .
FISCAL IMPACT:
The appraised value is within the budget for the Parkway project. Funds already are
set aside for the acquisition and construction of the Parkway.
ADDITIONAL PUBLIC NOTIFICA nON AND CORRESPONDENCE:
Notices of public hearing were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
RECOMMENDA nON:
Staff recommends:
1. That the City Council close the public hearing and adopt the attached
Resolution of Necessity;
2. That the City Council direct the City Attorney to initiate the legal proceedings
necessary to acquire the road right-of-way and slope and drainage easements.
Attachments: legal description, map
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4 of 10 Fët3 28 í995 HEM 13
EXHIBIT "A"
PARCEl 18, FEE ACQUISITION - SCRIPPS POWAY PARKWAY
A STRlP OF LAND 124.00-FEET IN WIDTH LYING WITHIN A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24,1876, THE CENTERLINE OF SAID 124-FOOT
WIDE STRIP OF LAND MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00°15'03" WEST
ALONG THE WEST LINE OF SAID SECTION 21 A DISTANCE OF 269.84 FEET TO THE POINT OF BEGINNING,
OF SAID CENTERLINE, SAID POINT BEING ON A 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHERL Y, A
RADIAL TO SAID POINT BEARS SOUTH 09°06'08" EAST; THENCE EASTERLY ALONG SAID CURVE A
DISTANCE OF 299.33 FEET THROUGH A CENTRAL ANGLE OF 05°43'00" TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING EASTERLY AND NORTHEASTERLY ALONG SAID 3,000-
FOOT RADIUS CURVE A DISTANCE OF 324.21 FEET THROUGH A CENTRAL ANGLE OF 6'1\'31" TO A POINT
ON THE WESTERLY LINE OF PARCEL 4 OF PARCEL MAP 5730; SAID POINT BEING SOUTH 00°17'01" WEST
AND DISTANT 101.82 FEET FROM THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP 5730; SAID
POINT ALSO BEING THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 124-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE WESTERLY IN THE WEST LINE OF SAID SECTION 21 AND EASTERLY IN THE WEST LINE OF
PARCEL 4 OF PARCEL MAP 5730.
CONTAINING 1.78 ACRES MORE OR LESS.
PARCEL 18-1; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24,
1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00°15'03" WEST ALONG
THE WEST LINE OF SAID SECTION 21 A DISTANCE OF 206.98 FEET TO A POINT ON A 2,938.00-FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 09°18'05" EAST; THENCE
EASTERLY AND NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 624.60 FEET THROUGH A
CENTRAL ANGLE OF 12'10'51" TO A POINT ON THE WEST LINE OF PARCEL 4 OF PARCEL MAP 5730;
THENCE NORTH 00°17'01" EAST ALONG SAID WEST LINE A DISTANCE OF 35.17 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 21; THENCE NORTH 89°23'24" WEST ALONG SAID NORTH LINE A DISTANCE
OF 600.26 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.83 ACRES MORE OR LESS.
PAGE 1 OF3
5 of 10 FEB 28 1995 ITEM 13 'I
PARCEL 18-2; SLOPE EASEMENT - SCRIPPS POWA Y PARKWAY
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14
SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24,
1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00°15'03" WEST
ALONG THE WEST LINE OF SAID SECTION 21 A DISTANCE OF 332.66 FEET TO THE POINT OF BEGINNING;
SAID POINT BEING ON A 3,062.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; A RADIAL TO SAID POINT
BEARS SOUTH 08°54'40" EAST; THENCE EASTERL Y AND NORTHEASTERL Y ALONG SAID CURVE A
DISTANCE OF 622.54 FEET THROUGH A CENTRAL ANGLE OF 11°38'56" TO A POINT ON THE WEST LINE OF
PARCEL 4 OF PARCEL MAP 5730; THENCE SOUTH 00°17'01" WEST ALONG SAID WEST LINE A DISTANCE OF
113.53 FEET; THENCE LEAVING SAID WEST LINE SOUTH 55°56' 16" WEST A DISTANCE OF 80A3 FEET;
THENCE SOUTH 60°16'50" WEST A DISTANCE OF 175.19 FEET; THENCE NORTH 80°03'18" WEST A DISTANCE
OF 373.58 FEET; THENCE SOUTH 30°34'15" WEST A DISTANCE OF 27.45 FEET TO A POINT ON THE WEST LINE
OF SAID SECTION 21; THENCE NORTH 00°15'03" EAST ALONG SAID WEST LINE A DISTANCE OF 46.51 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1.54 ACRES MORE OR LESS.
PARCEL 18-3; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP
OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE HEREIN AFOREMENTIONED POINT "A"; THENCE NORTH 22°40'39" WEST A
DISTANCE OF 62.60 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING
NORTH 22°40'39" WEST A DISTANCE OF 160.32 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 21,
SAID POINT ALSO BEING THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH LINE AND SOUTH LINES RESPECTIVELY, OF
THE HEREIN AFORESAID PARCEL 18.
CONTAINING 0.07 ACRES MORE OR LESS.
PARCEL 18-4; DRAINAGE EASEMENT- SCRIPPS POWAY PARKWAY
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY, APPROVED FEBRUARY 24,1876, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP
OF LAND MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
PAGE 2 OF 3 FEB 2 8 1995 ITEM 13
6 of 10
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COMMENCING AT THE HEREIN AFOREMENTIONED POINT "A"; THENCE SOUTH 22°40'39" EAST A
- DISTANCE OF 62.58 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING
SOUTH 22°40'39" EAST A DISTANCE OF 167.41 FEET TO THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH AND SOUTH LINES RESPECTIVELY, OF THE
HEREIN AFOREMENTIONED PARCEL 18-2.
CONTAINING 0.08 ACRES MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE BASED ON THE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE
BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND SAN DIEGO GPS 32," I.E.,
NORTH 01°20'33".3 WEST. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00005841 TO
OBTAIN GROUND LEVEL DISTANCES.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTlON,IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNA TURE: ,~~
DATE: 2 /;~h5
- SD-P75-202'{)2ILDPQW I 8.DOC/cap/RG/02 I 095
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7 of 10 PAGE 3 OF 3 rEB 28 1995 ITEM 13
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SO'r'L.E EnGinEERinG CITY OF POWAY TAX PAR. NO. 323-11 Q-2é ~
CORPORRïlon SCRIPPS POWAY PKWY t;:
7808_Convo~ C?urt Suite 200 EXHIBIT" B"
ornlO 9211' SHEET 1 OF 1
8 of 10 '68-8080 -
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RESOLUTION NO.
- RESOLUTION OF THE CITY OF POWAY
FINDING AND DETERMINING THE NECESSITY
THAT CERTAIN REAL PROPERTY BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE;
SCRIPPS POWAY PARKWAY IMPROVEMENTS.
(Point Loma Nazarene College/Salisbury -- APN 323-110-28 -- Partial
Taking)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, AS FOLLOWS:
SECTION 1: That the City of poway is authorized to acquire
property by eminent domain proceedings, pursuant to section 37350.5
of the Government Code,
SECTION 2: That the public use for which the hereinafter
described property is to be taken for roadway purposes -- the
easterly extension of Scripps poway Parkway to State Route 67, in
the City of poway and County of San Diego.
SECTION 3: That the general location and extent of the
property to be taken by eminent domain proceedings is set forth in
a description of said property attached hereto as Exhibit "A" and
is incorporated herein by this reference,
SECTION 4: That the interests to be taken in said property
are a right-of-way in fee simple for public roadway purposes and
permanent easements for slope and drainage purposes;
SECTION 5: That the City Council of the City of poway hereby
finds, determines and declares that :
(a) The public interest and necessity require the Project, as
the Scripps poway Parkway is necessary for the orderly and
improved flow of traffic;
(b) The Project is planned or located in the manner that will
be most compatible with the greatest public good and the least
private injury, as the location of the roadway follows
topographical lines that reduce costs, grading, and other
adverse impacts to private property;
(c) The property described in this Resolution is necessary
for the Project, as the roadway will traverse the property;
and
(d) The offer required by section 7267,2 of the Government
Code has been made to the property owner(s) of record,
9 of 10 FEB 28 1995 ITEM 13
SECTION 6: That in accordance with Code of civil Procedure
section 1245.235, each person whose property is to be acquired by
eminent domain and whose name and address appears on the last
equalized County assessment roll has been given notice and a
reasonable opportunity to appear and be heard on the matters
referred to in section 5 above,
SECTION 7: That the City Attorney of the City of poway be and
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 poway against
all owners and claimants of the above-described property for the
purpose of condemning and acquiring said interests therein for the
use of by the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Poway, California, at a regular meeting this 28th day of
February, 1995.
MAYOR
ATTEST:
MARJORIE K. WAHLSTEN, CITY CLERK
10 of 10 FEB 2 8 1995 ITEM 13