Res 84-081RESOLUTION NO. 84-081
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF P0~AY, CAnTW0RNIA
FINDING AND DETERMINING THE ~ECESSITY THAT
CERTAIN PROPERI~ BE ACQUIRED BY THE CITY COUNCIL
UNDER ~9~INENT DOMAIN PROCEEDINGS; DIRECTING THE
CITY ATTfkqNEY TO CO[~/~ A C(N3R~ ACTION FOR SAID
PURPOSE. FOSTER & NLw. ISER OUTDOOR ADVERTISING
STRUCTUR~ - CALVE~ & SCHNEIDER PROPERTIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF P(N~AY AS FOT.]'~ws:
sECTION 1: That the City Council of the City of Poway is authorized and
empowered to acquire properties by eminent dcmlain proceedings, pursuant to Code
of Civil Procedure §1240.010 and §1240.020, the Health & Safety Code, Business
and Professions Code, and the Constitution of California relating to eminent
domain.
SECTION 2: That the public use for which the hereinafter described pro-
perty is to be taken is the prohibition and elimination of outdoor advertising
structures as set forth in the C~,~rehensive Plan, Zoning Ordinances, and
Redevelopment Plan of the City of Pow~y and the Poway Redevelopment Agency.
SECTION 3: That the general location and extent of the property to be
taken by said eminent domain proceedings are off-premise advertising structures
located on real property on south side of Poway Road as follows: 1) Schneider
property between CArriage RDad and Quate Court, C(XL';L~nly known as 13021 Pow~y
Road; 2) Calvert property between Bowron and Oa,~,,unity ~Dads, cc~mlonly known as
13247 Poway Road.
SECTION 4: That the interest to be taken in said property is a fee
simple, to implement the comprehensive plan.
SECTION 5: That the City Council of the City of Poway hereby finds,
determines and declares that:
(a) The public interest and necessity require said removal of struc-
tures;
(b)
Said re~oval of structures are planned in the manner that will be
most compatible with the greatest public good and the least
private injury;
(c) The properties described in this resolution are necessary for said
elimination of outdoor advertising structures; and
(d) That the offer required by §7267.2 of the Goverrm~_~nt Code has ~cn
made to the owners of record.
Resolution No. 84-081
Page 2
SECTION 6: That in accordance with Code of Civil Procedure §1245.235,
each person whose property is to be acquired by eminent dc~ain 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 he is
hereby authorized and directed to cc~m~ence an action in the Superior Court of
the State of o~]ifornia in and for the County of San Diego in the name of and on
behalf of the City Council of the City of Poway against all owners and claimants
of the above-described properties for the purpose of condemning and acquiring
said interest therein for the benefit of the City of Poway.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this 18th day of September, 1984.
Bruce J. Tar yor
Marjorie K. Wahlsten, City Clerk