Res 87-094RESOLUTION NO. 87-094
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
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS
FOLLOWS:
SECTION 1: That the City of Poway is authorized to acquire
property by eminent domain proceedings, pursuant to Section
37350.5 of the Government Code.
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 project, 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, and con-
struction 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.
CONTINUED ON PAGE 2
PAGE 2
RESOLUTION NO. 87-094
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 4th day of
August , 1987.
ATTEST:
MARJO~IE K. WAHLSTEN, City Clerk
RES/NEC.PWY(kpm)
LEGAL DESCRIPTION
I. THOSE PORTIONS OF THE WEST HALF OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE
2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL I - STREET DEDICATION (POMERADO ROAD) IN APN 317-211-04
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF PARCEL MAP NO. 6814
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 26,
1978, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID
CORNER BEING ALSO ON THE EASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD
DEDICATED PER OAK KNOLL TERRACE ACCORDING TO MAP THEREOF NO. 8074 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEBRUARY 21, 1975; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID MAP NO. 8074, NORTH 78°21'29'' WEST
(RECORD N. 78°46'45'' W. PER SAID MAP NO. 8074) 20.34 FEET TO THE SOUTHWEST-
ERLY CORNER OF SAID MAP NO. 8074, SAID CORNER BEING ALSO ON THE EASTERLY
LINE OF THE RIGHT-OF-WAY OF MISSION ROAD 1-A (POMERADO ROAD), ACCORDING TO
THE MAP IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY;
THENCE ALONG SAID EASTERLY LINE SOUTH 01~06'29'' WEST (RECORD N. 00°43' E.
PER R.S. 887 AND N. 00°43'38'' E. PER POMERADO GARDENS ACCORDING TO MAP
THEREOF NO. 4282 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, JULY 29, 1959) 35.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE OF THE RIGHT-OF-WAY OF SAID
MISSION ROAD 1-A (POMERADO ROAD) SOUTH 01°06'29'' WEST 165.19 FEET TO THE
BEGINNING OF A TANGENT 720.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
15~30'57'' A DISTANCE OF 194.98 FEET TO THE MOST NORTHERLY CORNER OF THE
ROAD EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED FEBRUARY
20, 1959 PER BOOK 7509, PAGE 334 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTHERLY LINE OF SAiD ROAD EASEMENT, SOUTH 73~22'34'' EAST (RECORD NORTH
73~57'24'' WEST PER SAID DEED) 7.42 FEET TO A POINT ON A NON-TANGENT 1247.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 73°53'26" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16~42'05'' A DISTANCE OF 363.49 FEET TO A POINT~
ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO HARRY Z. MARX,
TRUSTEE, RECORDED FEBRUARY 2, 1967 AS FILE/PAGE NO. 15010, SERIES 8, BOOK
1967, OF OFFICIAL RECORDS, SAID POINT HEREIN DESCRIBED AS POINT "A"; THENCE
ALONG SAID SOUTHERLY LINE NORTH 88~53'31'' WEST 22.86 FEET TOTHE TRUE POINT
OF BEGINNING.
SAID PARCEL I HAVING AN AREA OF 0.128 ACRE, MORE OR LESS.
PARCEL 2 - SLOPE EASEMENT IN APN 317-211-04
BEGINNING AT SAID POINT "A" DESCRIBED IN THE ABOVE PARCEL 1; THENCE ALONG
THE NORTHERLY LINE OF SAID LAND DESCRIBED IN DEED TO HARRY Z. MARX, TRUST-
EE, DESCRIBED IN PARCEL 1, ABOVE, SOUTH 88~53'31'' EAST 47.06 FEET; THENCE
LEAVING SAID SOUTHERLY LINE, SOUTH 15~30'28'' WEST 54.73 FEET TO A POINT ON
A NON-TANGENT 1280.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 88°10'30'' EAST; THENCE SOUTHWESTERLY ALONG
.EXHIBIT I
LEGAL DESCRIPTION (PAGE 2)
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12044'26'' A DISTANCE OF
284.63 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 25°19'21'' EAST 47.48
FEET: THENCE SOUTH 73057'23'' EAST 84.12 FEET TO A POINT ON THE NORTHERLY
LINE OF THE RIGHT-OF-WAY OF METATE LANE PER R.S. 887; THENCE ALONG SAID
NORTHERLY LINE, SOUTH 85045'23'' WEST (RECORD N. 85019'00'' E. PER R.S. 887)
44.92 FEET TO THE MOST EASTERLY CORNER OF THE ROAD EASEMENT (PORTION OF
METATE LANE) GRANTED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED FEBRUARY
20, 1959 IN BOOK 7509, PAGE 334 OF OFFICIAL RECORDS, SAID CORNER BEING ALSO
THE BEGINNING OF A TANGENT 145.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG SAID ROAD EASEMENT
LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24008'58''
A DISTANCE OF 61.12 FEET TO THE POINT OF BEGINNING OF A 25.00 FOOT RADIUS
COMPOUND CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 19°54'21'' WEST (RECORD N. 19°47'30" E. PER SAID MAP NO. 4282, DES-
CRIBED IN THE ABOVE PARCEL 1); THENCE NORTHWESTERLY, NORTHERLY AND NORTH-
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°43'05''
A DISTANCE OF 37.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID ROAD
EASEMENT WHICH BEARS NORTH 73°22'34'' WEST (RECORD NORTH 73057'24'' WEST PER
SAID MAP NO. 4282 DESCRIBED IN THE ABOVE PARCEL 1); THENCE ALONG SAID LINE
NORTH 73022'34'' WEST 8.33 FEET TO A POINT HEREIN DESIGNATED AS POINT "B";
THENCE CONTINUING ALONG SAID LINE, NORTH 73°22'34'' WEST 14.25 FEET TO THE
SOUTHEASTERLY CORNER OF PARCEL i ABOVE, SAID CORNER BEING ALSO A POINT ON A
NON-TANGENT 1247.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 73053'26'' EAST; THENCE NORTHEASTERLY ALONG THE
EASTERLY LINE OF SAID PARCEL I ABOVE, AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°42'05'' A DISTANCE OF 363.49 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL 2 HAVING AN AREA OF 0.348 ACRE, MORE OR LESS.
PARCEL 3 - DRAINAGE EASEMENT IN APN 317-211-04
BEGINNING AT SAID POINT "B" DESCRIBED IN THE ABOVE PARCEL 2; THENCE NORTH
45°01'20'' EAST 10.83 FEET; THENCE SOUTH 44°58'40'' EAST 68.40 FEET TO A
POINT ON THE SOUTHERLY LINE OF THE ROAD EASEMENT (PORTION OF METATE LANE)
GRANTED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED FEBRUARY 20, 1959
IN BOOK 7509, PAGE 334 OF OFFICIAL RECORDS, SAID POINT BEING ON A 145.00
FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 06039'00'' WEST; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF
SAID ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 13°15'21'' A DISTANCE OF 33.55 FEET TO THE POINT OF BEGINNING OF A 25.00
FOOT RADIUS COMPOUND CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 19°54'21'' WEST; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 86°43'05'' A DISTANCE OF 37.84 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID ROAD EASEMENT WHICH BEARS NORTH 73°22'34'' WEST
(RECORD N. 73°57~24'' W. PER SAID MAP NO. 4282, DESCRIBED IN THE ABOVE
PARCEL 1); THENCE ALONG SAID NORTHERLY LINE, NORTH 73°22'34'' WEST 8.33 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL 3 HAVING AN AREA OF 0.021 ACRE, MORE OR LESS.
LEGAL DESCRIPTION (PAGE 3)
II. THOSE PORTIONS OF THE WEST HALF OF SECTION 23, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THERETO,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
PARCEL 4 - STREET DEDICATION (POMERADO ROAD) IN APN 317-211-02
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF PARCEL MAP NO. 6814
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 26,
1978 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID
CORNER BEING ALSO ON THE EASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD
DEDICATED PER OAK KNOLL TERRACE ACCORDING TO MAP THEREOF NO. 8074 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEBRUARY 21, 1975; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID MAP NO. 8074, NORTH 78°21'29" WEST
(RECORD N. 78°46'45'' W. PER SAID MAP NO. 8074) 20.34 FEET TO THE SOUTHWEST-
ERLY CORNER OF SAID MAP NO. 8074, SAID CORNER BEING ALSO ON THE EASTERLY
LINE OF THE RIGHT-OF-WAY OF MISSION ROAD 1-A (POMERADO ROAD), ACCORDING TO
THE MAP IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY;
THENCE ALONG SAID EASTERLY LINE SOUTH 01°06'29'' WEST (RECORD N. 00°43' E.
PER R.S. 887 AND N. 00°43'38'' E. PER POMERADO GARDENS ACCORDING TO MAP
THEREOF NO. 4282 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY JULY 29, 1959) 35.18 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE LAND DESCRIBED IN DEED TO HARRY Z. MARK, TRUSTEE, RECORDED FEBRUARY 2,
1967 AS FILE/PAGE NO. 15010, SERIES 8, BOOK 1967 OF OFFICIAL RECORDS, SAID
POINT BEING ALSO THE NORTHWESTERLY CORNER OF PARCEL i DESCRIBED ABOVE;
THENCE LEAVING SAID EASTERLY LINE OF THE RIGHT-OF-WAY OF MISSION ROAD 1-A
(POMERADO ROAD) ALONG SAID SOUTHERLY LINE, SOUTH 88°53'31'' EAST 22.86 FEET
TO A POINT ON A NON-TANGENT 1247.00 FOOT RADIUS CURVE CONCAVE WESTERLY,
SAID POINT BEING ALSO THE NORTHEASTERLY CORNER OF SAID PARCEL 1, ABOVE, A
RADIAL LINE TO SAID POINT BEARS NORTH 89°24'29'' EAST; THENCE NORTHERLY
ALONG THE EXTENSION OF THE ARC OF SAID 1247.00 FOOT RADIUS CURVE DESCRIBED
IN PARCEL 1 ABOVE, AND THROUGH A CENTRAL ANGLE OF 00~11'56" A DISTANCE OF
4.33 FEET TO THE POINT OF BEGINNING OF A REVERSE 4953.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°12'33'' WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
00°18'36'' A DISTANCE OF 26.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
PARCEL 4 OF SAID PARCEL MAP NO. 6814, SAID POINT HEREIN DESIGNATED POINT
"C"; THENCE ALONG SAID SOUTHERLY LINE NORTH 78~21'29'' WEST (RECORD N.
78~46'44'' W. PER SAID PARCEL MAP NO. 6814) 1.94 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL 4 HAVING AN AREA OF 0.017 ACRE, MORE OR LESS.
PARCEL 5 - SLOPE AND DRAINAGE EASEMENT IN APN 317-211-02
BEGINNING AT SAID POINT "C" DESCRIBED IN THE ABOVE PARCEL 4; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL MAP NO. 6814 DESCRIBED IN PARCEL 4 ABOVE,
SOUTH 78°21'29'' EAST 71.97 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH
00°43'00'' WEST 17.95 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN
DEED TO HARRY Z. MARK, TRUSTEE, RECORDED FEBRUARY 2, 1967 AS FILE/PAGE NO.
LEGAL DESCRIPTION (PAGE 4)
15010, SERIES 8, BOOK 1967, OF OFFICIAL RECORDS; THENCE ALONG SAID NORTH-
ERLY LINE NORTH 88°53'31" WEST 69.93 FEET TO THE SOUTHEASTERLY CORNER OF
PARCEL 4 DESCRIBED ABOVE, SAID CORNER BEING A POINT ON THE 1247.00 FOOT
RADIUS CURVE CONCAVE WESTERLY DESCRIBED IN SAID PARCEL 4 ABOVE, A RADIAL
LINE TO SAID POINT BEARS NORTH 89a24'29'' EAST; THENCE NORTHERLY ALONG SAID
EASTERLY LINE OF SAID PARCEL 4 AND ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00°11'56'' A DISTANCE OF 4.33 FEET TO THE POINT OF BEGIN-
NING OF A 4953.00 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 89°12'33" WEST; THENCE NORTHERLY ALONG THE
EASTERLY LINE OF SAID PARCEL 4 ABOVE AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 00°18'36'' A DISTANCE OF 26.80 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL 5 HAVING AN AREA OF 0.040 ACRE, MORE OR LESS.
III. THOSE PORTIONS OF PARCEL 4 OF PARCEL MAP NO. 6814 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 26, 1978 IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, 'STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 6 - STREET DEDICATION (POMERADO ROAD)
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 4 OF SAID PARCEL MAP
NO. 6814, SAID CORNER BEING ALSO ON THE EASTERLY LINE OF THE RIGHT-OF-WAY
OF POMERADO ROAD DEDICATED PER OAK KNOLL TERRACE ACCORDING TO MAP THEREOF
NO. 8074 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY FEBRUARY 21, 1975; THENCE ALONG SAID EASTERLY LINE, NORTH 01°06'30''
EAST (RECORD N. 00°38'22'' E. PER SAID MAP NO. 8074) 137.00 FEET TO A POINT
ON A NON-TANGENT 4953.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 88°53'31'' WEST; THENCE LEAVING SAID RIGHT-OF-WAY
OF POMERADO ROAD SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 01°35'20'' A DISTANCE OF 137.35 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID PARCEL 4, SAID POINT HEREIN DESIGNATED AS POINT "C"; THENCE
ALONG SAID SOUTHERLY LINE, NORTH 78°21'29" WEST 1.94 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL 6 HAVING AN AREA OF 0.002 ACRE, MORE OR LESS.
PARCEL 7 - DRAINAGE AND SLOPE EASEMENT
BEGINNING AT SAID POINT "C", DESCRIBED IN THE ABOVE PARCEL 6, SAID POINT
BEING ON A 4953.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO
SAID POINT BEARS SOUTH 89o31'09'' WEST; THENCE NORTHERLY ALONG THE EASTERLY
LINE OF SAID PARCEL 6 ABOVE, AND ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01o35'20'' A DISTANCE OF 137.35 FEET TO A POINT ON THE
EASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD DEDICATED PER OAK KNOLL
TERRACE ACCORDING TO t~AP THEREOF NO. 8074 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY FEBRUARY 21, 1975; THENCE LEAVING SAID RIGHT-
OF-WAY OF SAID POMERADO ROAD, SOUTH 61°15'45'' EAST 81.14 FEET; THENCE SOUTH
LEGAL DESCRIPTION (PAGE 5)
'00043'00,' WEST 112.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL
4; THENCE ALONG SAID SOUTHERLY LINE, NORTH 78°21'29'' WEST 71.97 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL 7 HAVING AN AREA OF 0.205 ACRE, MORE OR LESS.