Res 87-006B2~SOLUTION NO. 87-006
A B~SCI;3TION OF THE CITY COUNCIL
BY ~{E CITY OF P0~AY UNDER ~{INENT DCMAIN
~INGS; DIRECTING THE CITY A2TO~
TO ~ A COURT ~L'TION FOR SAID PURPOSE
CANHNO Dm. NOR~E IANDSCAPE MAINT~qANCE DISTRICT 83-1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Pf~Y AS FOLLOW~:
SECTION 1: That the City of Poway is authorized to acquire property by
~minent dcmain proc~ngs, pursuant to Goverm~ent Code Section 37350.5.
SECTION 2: That the public use for which the hereinafter described pro-
perty is to be taken is the construction, ccmpletion and maintenance of a
l~ndscape district, together with all appurtenances to render said improvement
cc~plete and workable, in the Camino Del Norte Landscape Maintenance District
83-1, in the City of Poway.
SECTION 3: That the general location and extent of the property to be
~aken by said eninent dc~ain procc~ings is set forth in the descriptions of
said property attached hereto as Exhibit ~1, and by this reference incorporated
herein the same as if set out in full.
S~CTION 4: That the interest to be taken in said property is a permanent
landscape easenent.
SECTION 5: That the City Council of the City of Poway hereby finds, deter-
mines and declares that:
(a) The public interest and necessity require said proposed project;
(b)
Said proposed project is planned or located in the manner that will be
most c~atible with the greatest public good and the least private
injury;
(c) The property described in this resolution is necessary for said
proposed project;
(d) That the offer required by Section 7267.2 of the Goverrmaent Code has
been made to the owners of record.
S~CTION 6: That in accordance with Code of civil Procedure Section
1245.235, each person whose property is to be acquired by eninent dcmain and
whose name and address appears on the last equalized County assessment roll has
~ given notice and a reasonable opportunity to appear and be heard en the
matters referred to in Section 5 above.
I~solution No. 87-006
'Page 2
S~CTION 7: That the City Attorney of the City of Poway be and he is hereby
authorized and directed to cu~ence 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,
ifornia, at a regular m~cting thereof this 20th day of Janl~ry, 1987.
M~rjorie K. Wahlsten, City Clerk
R/Acquirel-3/CP48
CAMINO DEL NORTE IANDSCAPE MAINTENANCE DISTRICT 83-1
PARCEL A:
All that portion of Lots 100, 101, and 102 of County of San Diego Tract
3503-2 recorded as Map No. 9256 in the Office of the County Recorder of San
Diego County lying southerly and southwesterly of the following described
line:
Oa~.~encing at the most northerly corner of said lot 100; thence south 53
15' 00" west along the southeast line of said Lot 99, 160.00 feet to the
true point of beginning: thence southeasterly to a point on the north-
westerly line of said Lot 101, distant thereon south 39 30' 00" west, 150.00
feet frcm the northwest corner thereof: thence south 39 30' 00" west along
said northwesterly line 46.86 feet: thence S. 71 13' 10" E. a distance of
188.72 fcct to a point of intersection with the southwesterly line of said
Lot 102, said point of intersection lying S. 01 55' 00" E. a distance of
196.83 feet frcm the most westerly corner of said Lot 102, thence N. 55 32'
46" E. a distance of 91.39 fcct, thence S. 54 50' 55" E. along a line
radial to the southeasterly line of said Lot 102 a distance of 55.78 feet to
a point of intersection with the southeasterly line of said Lot 102, said
point lying 78.29 fcct southwesterly fran the most easterly corner of said
Lot 102 m~ured along the southeasterly line of said Lot 102 having a
radius of 1,760.05 feet.
PAB~, B:
All of Lot 55 and portions of Lots 46, 47, 48, 49, 52, 53 and 54 all of
County of San Diego Tract 3503-1 according to Map thereof No. 9255 filed in
the Office of the County Recorder of San Diego County June 20, 1979 as File
No. 79-255424, lying easterly and northerly of the following described line:
Beginning at the most westerly corner of said Lot 55, thence N. 04 00' 00"
E. along the westerly line of said Lot 55, said westerly line being radial
to the southerly line of said Lot 55 a distance of 124.00 feet, thence N. 83
21' 18" W. a dis~nce of 222.06 feet, to a point, said point being the
intersection of the easterly prolongation of the southerly lot line of LOt
49 of said Map 9255 and a line parallel with and 153.90 feet easterly of the
westerly lot line of said Lot 49 measured at right angles to the westesrly
lot line of said Lot 49, thence N. 08 45' 00" W. along said parallel line, a
distance of 260.00 feet to the northerly of said Lot 46 of said Map 9255.