Res 17-061RESOLUTION NO. 17-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DETERMINING THE
NECESSITY THAT CERTAIN EASEMENTS BE ACQUIRED
BY THE CITY UNDER EMINENT DOMAIN PROCEEDINGS
ASSESSOR'S PARCEL NUMBERS 321-011-10
AND 321-011-25.
WHEREAS, the City of Poway is proposing to construct a decomposed granite
pathway that will extend from the existing sidewalk south of Mountain Road to the existing
sidewalk north of Willow Ranch Road;
WHEREAS, the environmental impacts of the Project were previously analyzed
with a final Environmental Impact Report certified by the City Council on June 4, 2013;
WHEREAS, the City has advised the owners of the properties of the need for the
Project and offered said owners an opportunity for a hearing before the City Council on
September 5, 2017, pursuant to section 1245.235 of the Code of Civil Procedure, State
of California;
WHEREAS, said hearing has been held by the City and each person whose
property is to be acquired by eminent domain was afforded an opportunity to be heard on
said matters;
WHEREAS, the City of Poway is authorized to acquire the property under authority
of Government Code sections 37350.5 and 40404; and
WHEREAS, the City Council adopts this resolution in compliance with section
1245.230 of the Code of Civil Procedure, State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The property to be acquired are easements for construction of a
decomposed granite pathway, as part of the Espola Road Safety Improvements Project.
Section 2: The easements to be acquired are located within the City at 15004
Espola Road (Assessor Parcel No. 321-011-10) and 15157 Huntington Court (Assessor
Parcel No. 321-011-25). The easements the City seeks to acquire, are as set forth in the
legal descriptions attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3: That the interests to be taken in said property are a permanent grant
of street right of way, and a temporary construction easement.
Resolution No. 17-061
Page 2
Section 4: That the offers required by section 7267.2 of the Government Code
were made on January 6, 2017, March 7, 2017 and again on May 23, 2017 to each of the
property owners of record.
Section 5: The City Council declares that it has found and determined as
follows:
A. The public interest and necessity require the Espola Road Safety Improvements
Project in order to provide a safe pathway along Espola Road. There is currently
no existing sidewalk or pathway on Espola Road between the existing sidewalk
south of Mountain Road and the existing sidewalk south of Willow Ranch Road on
either side of Espola Road. This is a main thoroughfare for pedestrians traveling
to Poway High School.
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, in that the pathway is
separated from the roadway in front of these two properties by a five foot wide
graded parkway. This graded parkway allows utility companies to place their
above ground infrastructure out of the walking path as well as moves pedestrians,
bikes, and horses away from the roadway.
C. The property sought to be acquired is necessary for the project because the
permanent easements are necessary to allow for the construction of the graded
parkway and the temporary construction easements to allow access to the site for
the work.
D. The offer required by section 7267.2 of the Government Code has been made to
the owner of record. Appraisals of the easements have been prepared in
accordance with federal, state, and local requirements to establish the fair market
value of the property and proposed acquisition. An offer of just compensation was
then made on January 6, 2017, March 7, 2017 and again on May 23, 2017 to the
property owners to purchase the easements.
Section 6: That in accordance with the 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 matters referred to in
Section 5 above.
Section 7: That the City Attorney 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 interest therein for the use of the City of Poway.
Resolution No, 17-061
Page 3
Section 8: That the City's Finance Director is hereby authorized and directed to
draw from the project funds up to the amount of $63,200 to be deposited with the State
Treasurer as security for Orders for Possession related to each of the easements.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 5th day of September 2017.
'Steve Vaus, Mayor
ATTEST:
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 17-061 was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of September 2017,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
�anc e�elC�M�C,
City Clerk
City of Poway
Resolution No. 17-061
Page 4
LEGAL DESCRIPTION
GRANT OF STREET RIGHT OF WAY APN 321-011-10
A portion of the Southerly 163.715 feet of the Northerly 328.715 feet
of that portion of the East Half of the Southeast Quarter of the
Northwest Quarter and of the East Half of the Northeast Quarter of the
Southwest Quarter of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the County of San Diego, State of
California, according to the official plat thereof, lying Southerly of
a line drawn Parallel with and 1643.605 feet Northerly of and measured
at right angles to the Southerly line of said Northeast Quarter of the
Southwest Quarter of Section 6, being also a portion of the land
granted to Roy and Kim Ashcroft by Deed recorded June 4, 1999 as Doc.
No. 1999-0391762 of official records, described as follows:
A strip of land 7.00 feet in width lying westerly of and contiguous
with that portion of said Ashcroft land as condemned in fee to the
County of San Diego in that certain Final Order of Condemnation under
Superior Court Case No. 30041, recorded December 17, 1968 as file no. 221146
(being Road Survey No. 1673, 74.00 feet wide).
CONTAINING: 1155 Square feet or 0.027 acre more or less.
SEE CITY OF POWAY PLAT for APN 321-011-10
Attached hereto and by this reference made a part hereof.
This description was prepared by me or under my direction.
LAND
Ernest G. Wade, LS 6052 Expires 6/30/2017
September 20, 2016
JN 144696 PLAT 12
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Resolution No. 17-061
Page 6
LEGAL DESCRIPTION
GRANT OF STREET RIGHT OF WAY APN 321-011-25
A Portion of Parcel 1 in the City of Poway, County of San Diego, State
of California according to Parcel Map thereof no. 10915 recorded
January 22, 1981 as file no. 81-021703 in the office of the County
Recorder of said county, described as follows:
A strip of land 8.00 feet in width lying westerly of and contiguous
with that portion of said Parcel 1 granted to the County of San Diego
for Road Survey No. 1673 (74.00 feet wide) by deed recorded March 18,
1966 as document no. 66-46579 of official records.
CONTAINING: 1158 Square feet or 0.027 acre more or less.
SEE CITY OF POWAY PLAT for APN 321-011-25
Attached hereto and by this reference made a part hereof.
This description was prepared by me or under my direction.
Ernest G. Wade, LS 6052 Expires 6/30/2017
September 20, 2016
JN 144696 PLAT 6
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