Res 159RESOLUTION NO. 159
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
FINDING AND DETERMINING THE NECESSITY TO ACQUIRE
REAL PROPERTY AND INTERESTS THEREIN IN CONNECTION
WITH THE CITY WATER DISTRIBUTION AND STORAGE SYSTEM,
AND ORDERING EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE
OF ACQUIRING SAID REAL PROPERTY AND INTERESTS THEREIN
WHEREAS, The City Council of the City of Poway desires and intends to ac-
quire certain real property, and interests therein, in connection with the City
water distribution and storage system;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, RESOLVED AND ORDERED that'.
The City gave each person whose property is to be acquired by eminent
domain and whose name and address appears on the last equalized County
Assessment Roll and proper notice of the opportunity to appear and be
heard on the matters referred to in Section 1240.030 of Code of Civil
Procedure.
2o
Said notices were sent to each said person by First Class mail and
stated all of such matters as are required by Section 1245.235 of the
Code of Civil Procedure.
e
On August 25, 1981, a hearing was conducted at which all persons en-
titled to notice, who had filed a written request within 15 days after
the notice referred to above was mailed, were given the opportunity to
appear and be heard on the matters referred to in Section 1240.030 of
the Code of Civil Procedure.
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The public use for which the property is to be taken is the expansion
and/or replacement, of the present City water delivery system to treat,
store, convey, supply or otherwise make use of water for the lands and
inhabitants within the City.
California Government Code, Section 37350.5, California Code of Civil
Procedure, Sections 1240.010, 1240.110, ]240.120, 1240.130, and
1240.150, authorize the City to acquire the property by eminent
domain.
A description of the general location and extent of the property to be
taken for the purposes described herein is attached hereto as Exhibit
RESOLUTION NO. 159
Page 2
7. The City Council has found and determined each of the following:
a) The public interest and necessity require the proposed project.
b) The 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 this Resolution is necessary for the
proposed project.
IT IS FURTHER RESOLVED that the City Attorney be and is hereby ordered to
institute iminent domain proceedings, as necessary in the Superior Court of the
State of California for the County of San Diego, in the name and on behalf of
the City of Poway against all owners and claimants of the above described prop-
erty, for the purpose of condemning and acquiring said property for the use of
the City; and where required, to obtain immediate possession of said property.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof~~_~this 8th~ay of Septemb~ ,1981.~
Robert C. Emery, Mayor.~
ATTEST:
Marjorie~! Wahlsten, City Clerk
kESOLUTION NO. 159
EXHIBIT "A"
All ~hat portion of the Northwest Quarter of the Southeast Quarter of Section
7, T6wnship 14 South, Range 1 West, San Bernardino Meridian, in the City of
POWq~, County of San Diego, State of CalifOrnia, according to the Official
Pla$ thereof described as follows:
Commencing at the intersection of the Westerly line of said Northwest Quarter of
the Southeast Quarter of Section 7, and the center line of DONART DRIVE, as
shown on the Map of'BEivedere Estates Unit No. l%'lfi~.E No. 4015, filed in the
Office of the County Recorder of said San Diego County November 19, 1958; thence
along said Westerly line of the Northwest Quarter of the Southeast Quarter, North
0o03'45'' West (record North 0°32'40'' West) 30.00 feet to the Northeast corner
of Lot "E" of said Map No. 4015, being the TRUE POINT OF BEGINNING being a point
on the arc of a non-tangent 330.00 foot radius curve, concave Southerly, a radial
line to said point bears North 0o03'45'' West; thence Easterly along the arc of
said curve through a central angle of 5°12'57" a distance of 30.04 feet to the
Easterly line of the Westerly 30.00 feet of said Northwest Quarter of the Southeast
Quarter of Section 7; thence along said Easterly line, North 0o03'45'' West 234.74
feet; thence parallel with the Northerly line of said Northwest Quarter of the Southeas
Quarter, South 87°45'15'' East 389.98 feet; thence North 0o03'45'' West 220.00 feet
to said Northerly line of the Northwest Quarter of the Southeast Quarter; thence
along said Northerly line, North 87°45'15'' West 420.00 feet to the Northwest
corner of said Northwest Quarter of the Southeast Quarter; thence along the
Westerly line of said Northwest Quarter of the Southeast Quarter, South 0003'45''
East 454.58 feet to the TRUE POINT OF BEGINNING.