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Item 12 - Resolution of Necessity of City Eminent Domain ' SUMMARY TO: Mayor and Members of the City Council FROM: James L. Bowersox, City Mana.~ BY: Stephen M. Eckis, City Attorney carol T. B nksab DATE: February28, 1995 SUBYECT: 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 C Court Action for Said Purpose. (TECH BUSINESS CENTER -- APNs 323-090-65,323-091-03 -- Partial Takings) Staff ~s that the City Council adopt the attached Resolution of Necessity that approximately 1.65 acres of unimproved industrial zoned property for roadway purposes and general utility purposes, located south of the proposed Parkway and east of Stowe Road, in the City of Poway, be acquired under eminent domain p oceedings for ti~ of the Scripps Poway Parkway East imf: ENV The Poway City Council certified the Final E Impact Report for the Scripps Poway Project East on February 8, 1994. F Funds for this project have been budgeted with the overall improvement program for Scripps Poway Parkway East. ADD ~NDENCE: Notices of public hearing were mailed to property owners on January 30, 1995, in accordance with Code of Civil Procedure 1245.235. ,fENDATION: 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 and easements for of the Scripps Poway Parkway ~:~t imF A~TION:Attorney. Continued (/l// .14,~ ~y/to March 1995 on7~_recommendation of the City Marie Lofton, Deputy ]ity Clerk FEB 28 1995 - AGENDA REPOR[ CITY OF POWAY 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 C Court Action for Said Purpose. (TECH BUSINESS CENTER -- APNs 323-090-65,323-091-03 -- Partial Takings) The City Council approved the Scripps Poway Parkway East project in 1991 and the F '. 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 ~ 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 1.65 acres of unimproved industrial zoned land in two parcels owned by Tech Business Center, is located south of the proposed Parkway and east of Stowe Road in the City Poway. 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 northern portion of the subject properties. A partial taking of the properties is necessary the roadway and preserve habitat. Specifically, 1.33 acres will be used for roadway purposes, and 0.32 acres will be used for general utility ACTION: See Summary Sheet An appraisal prepared by a competent, independent appraiser indicates that total just compensation is $I,000 for the purchase of a right-of-way in fee simple and permanent utility An offer to purchase was made to the property to C 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 G 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. : (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; Co) 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 lines 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 G Code Section 7267.2 has been made to the owners of record. ,W: No further review is necessary. The Final E Impact Report was certified on February 8, 1994. 3 of 11 MAR 1 4 1995 I'F~M 12 FEB g8 1995 1'7~_)~--_15 , The appraised value is within the budget for the Parkway project. Funds already are set aside for the acquisition and of the Parkway. AD[ COR : Notices of public hearing were mailed to property owners on January 30, 1995, in accordance with Code of Civil Procedure 1245.235. Staff 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 Attachments: legal description, map 4 of 11 MAR 14 1995 I'i'F-~ 12. FEB 2 ~ 1995 I'~'~_~-~ : t 19, I ' A -13, 12556 ON THENCE 19; ,AND 1 WEST, .13, 12556 CITY FEE ACQ 1977 IN PAGEIOF3 MAR 14 1995 ITEM -13, 12556 1 WEST, SAID 1 TO ALONG OF SAID A 1977IN 12556 ,OT, 1WEST, SAID 1 (NAD83] ' ~ I~AR 14 1995 I'rE~ 12 PAGE 2 OF 3 6 of 11 Jrt8 2 8 1995 177J~1-15 , t 18" , I.E.: 1,00005848 PAGE3OF3 ~,R 14 1995 Iq'E~ 1.,~_ ? O¢ 11 FEB ~. 8 1995 I~'E]~-'].5 ~WAY ~CT 87-13 ~ l ~ g ~NO. 12556 oS ¢04 APN 323 090-65 S88'19'19"E 510 48' SU~VEY MON LS 5937 :=_ ~---,~ ~ . · ~ LOT 4~ SEC. 19, T14$, R1W, $.B.M. ~ 0.59 AC FEE ACQUISITION~ ~ 0.14 AC .... GENfRAL UTILI~ EASEMENT ~ ~ 2~ 19 BO~LEEnGInEERI~ CITY OF POWAY TAX PAR. NO. 523-090-68 7808 Convoy Court Suite 200 %CRIPPS POWAY PKWY EXHIBIT "8" 8 of 11 58-8080 SHEET pARC~ 0 O~LfA/BEARII ~O RADIUS 78o8 co~vov Cour( Suite 2O0 CRIPPS POWAY PKWY NO. OF THE CITY OF POWAY FINDING AND THE THAT CERTAIN REAL BE ACQUIRED UNDER EMINENT DOMAIN THE CITY TO A COURT ACTION FOR SAID SCRIPPS POWAY PARKWAY (Tech Center -- APNs 32. 32~ -- Partial Taking) BE IT BY THE CITY COUNCIL OF THE CITY OF POWAY, AS 1: That the City of Poway is to acquire y by eminent domain to Section 37350.5 of the Code. SECTION 2: That the public use for which the property is to be taken for roadway -- the of Scripps Poway Parkway to State Route 67, in the City of Poway and County of San Diego. SECTION 3: That the general and extent of the to be taken by eminent domain is set forth in a of said hereto as "A" and "B" and are herein by this SECTION 4: That the to be taken in said are a access in fee simple for public roadway and a utility SECTION 5: That the City Council of the City of Poway hereby finds, and that : (a) The public and require the Project, as the Scripps Poway Parkway is for the orderly and flow of (b) The Project is planned or located in the manner that will be most With the public good and the least private injury, as the of the roadway follows lines that reduce costs, and other adverse impacts to private , (c) The in this is for the Project, as the roadway will the , and (d) The offer by Section 7267.2 of the Code has been made to the owner(s) of record. ~AR 1~ 1995 ,~-.~ 12 FEB ~ 8 1~95 IT~.~5 SECTION 6: That in accordance with Code of Civil Procedure _ Section 1 45.235, each person whose is to be by eminent omain and whose name and address appears on the last County roll has been given notice and a e op~ to appear and be heard on the matters referred to in Sectio~ 5 above. SECTION 7: That the City of the City of Poway be and is hereby and to an action in the Superior Court of the State of in and for the County of San Diego in the name of and on behalf of the City of Poway against all owners and of the for the purpose of ~ and acquiring said therein for the use of by the City of Poway. PASSED, ADOPTED AND by the City Council of the City of Poway, Cal' at a regular meeting this 2$th day of , 1995. MAYOR ATTEST: - K. CITY CLERK 11 of 11 ~AR 1 ~. 1995 I'£E~ 12 :EB 1995 15"