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Res 03-008RESOLUTION NO. 03-008 A RESOLUTION OF THE POWAY REDEVELOPMENT AGENCY FINDING AND DETERMINING THE NECESSITY THAT CERTAIN PROPERTY BE ACQUIRED BY THE AGENCY UNDER EMINENT DOMAIN PROCEEDINGS; DIRECTING THE GENERAL COUNSEL TO COMMENCE A COURT ACTION FOR SAID PURPOSE (DUNSTER APN 317-540-73) WHEREAS, the Poway Redevelopment Agency is authorized to acquire property by eminent domain proceedings, pursuant to Section 33391 of the Health and Safety Code and the Redevelopment Plan; and WHEREAS, the public use for which the hereinafter described property is to be taken is the elimination of a blighted condition, to wit, the removal of an outdated and dilapidated building, and the removal and remediation of hazardous releases on and around the subject property; that the acquisition and proposed project are for purposes of redevelopment and are of benefit to the project area; and WHEREAS, the general location and extent of the property to be taken by said eminent domain proceedings is set forth in the description of said property attached hereto as "Exhibit A" and by this reference incorporated herein the same as if set out in full; and WHEREAS, the interest to be taken in said property is the fee simple absolute interest for elimination of blighted conditions, and the removal and remediation of hazardous releases on and around the subject property, and redevelopment; and WHEREAS, 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 Role has been given notice and a reasonable opportunity to appear and be heard on matters referred to in Section 5. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Poway Redevelopment Agency as follows: Section 1: The public interest and necessity require said proposed project; Section 2: Said proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; Section 3: The property described in this resolution is necessary for said proposed project/and the proposed acquisition is in conformance with the General Plan. Section 4: The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 5: The public interest and necessity require that this site be acquired in order to eliminate blighted conditions and remove and remediate hazardous releases on Resolution No. 03-008 Page 2 the subject property. The proposed acquisition for such development is necessary to eliminate blighted conditions and remove and remediate hazardous releases on the subject property. The greatest public good with the least private injury is achieved by the elimination of the blighted conditions and removing and remediating hazardous releases on the subject property. The entire subject property is necessary for the project. Section 6: The Redevelopment Agency General Counsel 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 Poway Redevelopment Agency 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 Poway Redevelopment Agency. PASSED, ADOPTED AND APPROVED by the Board of Directors of the Poway Redevelopment Agency at a regular meeting this 28th day of Jary, 2003. ATTEST: ..... ~"'~ri ~,n~e FTeoples-, S~cr~t~-ry Michael P. Ca~a, ~'hairman STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, Secretary of the Poway Redevelopment Agency do hereby certify under penalty of perjury that the foregoing Resolution NoJ)3-008was duly adopted by the Board of Directors at a meeting of said Board held on the 28th day of January, 2003, and that it was so adopted by the following votes: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ['~riJ,~nne P~oples, Secretlary Poway Redevelopment Agency Resolution No. 03-008 Page 3 EXHIBIT A Legal Description Dunster APN 317-540-73 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 40.00 FEET EAST OF THE CENTER LINE OF MISSION ROAD, WHICH SAID POINT OF COMMENCEMENT BEARS NORTH 7° 29' 00" EAST 349.41 FEET FROM THE POINT OF INTERSECTION OF SAID CENTER LINE OF SAID ROAD WITH THE SOUTHERLY LINE OF SAID SECTION 14 AT A POINT THEREON WHICH BEARS NORTH 88° 57' WEST 3955.5 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 14, THE AFORESAID POINT OF INTERSECTION BEING A STATION 378 + 70.9 ON THE CENTER LINE OF SAID MISSION ROAD, AS SHOWN ON MAP OF MISSION ROAD l-A, SHEET 15, SAN DIEGO HIGHWAY COMMISSION, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ED FLETCHER AND WIFE; TO A. Z. DEAN, BY DEED DATED NOVEMBER 16, 1925 AND RECORDED IN BOOK 1159, PAGE 165 OF DEEDS; THENCE SOUTH 0° 43' WEST ALONG A LINE PARALLEL WITH AND 40.00 FEET DISTANT EAST FROM SAID CENTER LINE OF MISSION ROAD, 71.55 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHERLY; SOUTHEASTERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 97° 23' FOR A DISTANCE OF 42.49 FEET; THENCE NORTH 93° 20' EAST 274.06 FEET; THENCE NORTH 0° 43' EAST 581.13 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED TO A. B. C. AUTOMOTIVE SERVICE BY DEED RECORDED APRIL 20, 1960 AS DOCUMENT NO. 81451, SERIES 1, BOOK 1960, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID A. B. C. LAND NORTH 0° 43' EAST 340.00 FEET; THENCE LEAVING THE WEST LINE OF SAID A. B. C LAND WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 88° 45' 35" EAST 50.00 FEET; TO AN INTERSECTION WITH THE EAST LINE OF SAID A. B. C. LAND THENCE ALONG SAID EAST LINE SOUTH 0° 43' WEST, 185 FEET, MORE OR LESS TO A POINT THAT BEARS NORTH 0° 43' EAST, 162.81 FEET FROM THE INTERSECTION OF SAID EAST LINE WITH THE CENTER LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 987 (POWAY ROAD); THENCE NORTH 89° 17' WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE WEST LINE OF SAID A. B. C. LAND SOUTH 0° 43' WEST, 116.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 987 (POWAY ROAD, 100 FEET WIDE) ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE Resolution No. 03-008 Page 4 CONTINUING ALONG SAID PARALLEL LINE SOUTH 0° 43' WEST TO AN INTERSECTION WITH THE SOUTH LINE OF SAID A. B. C. LAND; THENCE EASTERLY ALONG SAID SOUTH LINE TO AN INTERSECTION WITH THE EAST LINE OF SAID A. B. C. LAND; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EAST LINE TO AN INTERSECTION WITH THE CENTERLINE OF SAID ROAD SURVEY NO. 987; THENCE LEAVING SAID PROLONGATION EASTERLYALONG THE CENTERLINE OF SAID ROAD SURVEY TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 30.00 FEET EAST MEASURED AT RIGHT ANGLES FROM SAID EAST LINE OF SAID A. B. C. LAND; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89° 17' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 17' WEST TO THE TRUE POINT OF BEGINNING.