Res 87-040RESOLUTION NO. 87-040
A RESOLUTION OF TME CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
FINDING AND DETERMINING THE NECESSITY THAT
CERTAIN PROPERTY BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE
(13434 Twin Peaks Road-A.P.N. 314-194-41 Alpha Investment Co.)
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, for the widening of Twin Peaks Road, at Con~munity Road, 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 fort~-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, 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 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.
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.
Resolution No. 87-040
Page 2
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,
California, at a regular meeting thereof this 21st day ~)f April,~1987.
R6bert C. Emery, ~ Mayor
ATTEST:
Marj~Wahlsten, City Clerk
STATE OF CALIFORNIA }
) SS,
COUNTY OF SAN DIEGO
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution was duly adopted by the City Council at a meeting
of said City Council held on the 21st day of April , 1987, and that it was so
adopted by the following vote:
AYES: BRANNON, EMERY, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: TARZY
Marjor/ie/K. Wahlsten, City Clerk
City c~f~oway
EXHIBIT #1
(Parcel i:A.P.N. 314-194-41 - Alpha Investment Company)
That portion of Parcel 2, as shown on a Parcel Map No. 10218, as shown on a map
thereof filed in the office of the County Recorder of the County of San Diego,
State of California, located in the City of Poway, said County and State, lying
Southeasterly of the following described line:
BEGINNING at a point on the Southerly line of said Parcel 2, distant thereupon
North 63 degrees 21' 14" East 21.39 feet from the most~Southerly corner of said
parcel, said point being on a non-tangent curve con6age to the Northwest and
having a radius of 748.00 feet, a radial line through said point bears South 44
degrees 44' 26" East; thence Northeasterly along said curve through a central
angle of 7 degrees 14' 55" an arc length of 94.63 feet to a point on a compound
curve concave to the Northwest and having a radius of 1790.00 feet,' a radial
line through said point bears South 51 degrees 59 21" East; thence
Northeasterly along said curve through a central angle of 1 degree 26' 46" an
arc length of 68.68 feet to a point on the Easterly line of said Parcel' 2, a
radial line through said point bears South 53 degrees 26' 07" East, said point
being a point of terminus for this description.
The above described land contains 0.033 acres, more or less.
R/Eminent3-5/CP50