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Res 03-006RESOLUTION NO. 03-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY THAT CERTAIN PROPERTY BE ACQUIRED BY THE CITY UNDER EMINENT DOMAIN PROCEEDINGS AND DIRECTING THE CITY ATTORNEY TO COMMENCE A COURT ACTION FOR SAID PURPOSE WHEREAS, the City of Poway is authorized to acquire property by eminent domain proceedings pursuant to Section 37350.5 of the Government Code; and WHEREAS, a public hearing has been conducted on the issue of whether or not it is necessary to acquire the subject property by the use of eminent domain, to which hearing the property owners were given notice pursuant to law and the opportunity to be heard; and WHEREAS, the City Council has duly considered the public testimony and the staff report concerning the proposed acquisition; and WHEREAS, a Mitigated Negative Declaration (EA 02-11) that addressed the physical environmental impacts of the proposed Community Road widening project was approved by the City Council on October 8, 2002; and WHEREAS, a Negative Declaration has been Resolution of Necessity for the implementation of the project; and prepared for the proposed Community Road widening WHEREAS, the staff report considered at the hearing on this Resolution constitutes the report of the planning agency required by Section 65402 of the Government Code and the proposed acquisition is in conformance with the General Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: SECTION 1: The City Council has considered the Environmental Initial Study (ELS) and Negative Declaration for this Resolution of Necessity. The subject ElS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment and that the ND reflects the independent judgment and analysis of the City. The City Council hereby approves the ND. SECTION 2: That the City of Poway is authorized by law to acquire the subject property by eminent domain for the widening of Community Road and the construction of an adjoining flood control channel; Resolution No. 03-006 Page 2 SECTION 3: That the public use for which the hereinafter-described properties are to be acquired is the widening of Community Road and the construction of an adjacent drainage channel, together with landscaping improvements, and affordable housing; SECTION 4: That the public interest and necessity require the proposed project in that the widening of Community Road to its ultimate width as a secondary arterial is needed to safely move increased volumes of traffic along the road, and the channel is necessary to protect the public road and nearby private property from damage during a 100-year flood. Public interest and necessity require the acquisition of the entire Yalizan property and removal of the dwelling, due to its location to the proposed channel improvements. The remaining building site would be resold or replaced with an affordable workforce housing unit. SECTION 5: That the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury in that it is planned and located to accomplish improved traffic circulation on Community Road and flood protection for the road and nearby private property at the least practicable injury to private homes and other structures and improvements. The Valizan dwelling will be impaired by construction very near its foundation and should be demolished. SECTION 6: That the property described in this resolution is necessary for the proposed project in that all of it is required for the construction of the improvements as planned. SECTION 7: That the offers required by Section 7267.2 of the Government Code have been made to the owners of record in that each has been extended an offer at the City's approved, appraised fair market value, provided with a written summary of the appraisal as required by said section, allowed to review a copy of the appraisal upon request, and all other requirements of said section have been performed. SECTION 8: That the legal descriptions of the property to be taken by said eminent domain proceedings are set forth in the descriptions of said property attached hereto as Exhibit A, and by this reference incorporated herein is the same as if set out in full, and consists of all or a portion of the following: Staiton and Blue Sky Trust, ^PN 314-213-18, 19, and 20; Valizan, APN 314-213-21; Solomon, ^PN 314-213-33; Jaro, APN 314-213-24; Puertollano, ^PN 314-230-48, 47, and 61; and Rensberger, APN 314-230-62 and 317-761-13 Resolution No. 03-006 Page 3 SECTION 9: That the interest to be taken in said property is the fee simple absolute interest for construction of a street, adjacent drainage channel, and landscaping. There will also be temporary construction easements. SECTION 10: 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 11: That the City Attorney be, and he 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 21st day of January 2003. ayor ATTEST: Lori~Anne Peoples, City Cl~rk Resolution No. 03-006 Page 4 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 03-006 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of January 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE