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taken is the elimination of a blighted condition, to wit, the removal of an outdated and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.