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Res 87-035RESOLUTION NO. 87-035 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 COUNCIL UNDER EMINENT DOMAIN PROCEEDINGS; DIRECTING THE CITY ATTORNEY TO COMMENCE A COURT ACTION FOR SAID PURPOSE (Palmer Property - Community Road and Metate Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS: SECTION 1: That the City Council of the City of Poway is authorized and empowered to acquire properties by eminent domain proceedings, pursuant to Code of Civil Procedure Section 1240.010 and Section 1240.020, Government Code Section 37350.5, and the Constitution of California relating to eminent domain. SECTION 2: That the public use for which the hereinafter described property is to be taken is the construction and completion of a public street, together with all appurtenances to render said improvement complete and workable, in the Pomerado Business Park, at Community Road and Metate Lane, in the City of Poway. SECTION 3: That the general location and extent of the property to be taken by said eminent domain proceedings 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. SECTION 4: That the interest to be taken in said property is a right of way for public street slope, drainage, construction and other public purposes. SECTION 5: That the City Council of the City of Poway hereby'finds, determines 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 compatible with the greatest public good and the least private injury; (c) The property described in this resolution is necessary for said proposed project; (d) The offer required by Section 7267.2 of the Government Code has been made to the owners of record. PAGE 2 RESOLUTION NO. 87-035 SECTION 6: That in accordance with 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 the matters referred to in Section 5 above. SECTION 7: That the City Attorney of the City of Poway 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 thereof this 24th day of M~ r~.h , 1987. ATTEST: MARJORIE K. WAHLSTEN, City Clerk EXHIBIT #1 A.P.N. 317-471-07, Approximately 5.72 Acres at Community Road and Metate Lane PARCEL 1 Assessor's Pcl. #317-471-07 The Southeast Quarter of the Southwest Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to United States Government Survey thereof. EXCEPTING THEREFROM that portion lying Northerly and Northwesterly of the center line of Road Survey No. 1587-3, as disclosed in easement for county highway recorded August 24, 1971 as File No. 189667 of Official Records. PWY/PLMR.RES(kpm)