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
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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
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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
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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