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)