Res 87-147RESOLUTION NO. 87-147
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 emi-
nent 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 public street and drainage
improvements, together with all appurtenances to render said improvement
complete and workable.
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 construction purposes, including the
flowage easement of Pomerado Creek.
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.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this lOth day of November, 1987.
ATTEST:
Marjo~ie K. Wahlsten, City Clerk
RESCREEk~:
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EXHIBIT ':l"
RIGHT OF WAY MAP OF'
POMERADO CREEK AT
OAK KNOLL ROAD
CITY OF POWA¥
EXHIBIT 1
ROADWAY EASEMENT
A.P. NO.
317-152-10
THAT PORTION OF THE SOUTHWEST 0UARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
SECTION 14 WITH THE CENTERLINE OF OAK KNOLL ROAD (FORMERLY
COUNTY ROAD A43) AS SHOWN ON .RECORD OF SURVEY MAP NO. 4928
0N' FILE IN THE OFFICE OF THE RECORDER'S OFFICE OF THE COUNTY
OF SAN DIEGO; THENCE ALONG SAID CENTERLINE OF OAK KNOLL
ROAD, SOUTH 68°53'10'' EAST 175.00 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN A DEED TO DENNIS W.
JURGENSEN, ET UX, RECORDED MARCH 4, 1975, FILE/PAGE NO.
75-048603 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID
CENTERLINE AND THE NORTHEASTERLY LINE OF SAID LINE, SOUTH
68°53'10'' EAST, 179.09 FEET TO THE MOST EASTERLY CORNER OF
SAID LAND; .THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND,
SOUTH 28004'40" WEST, 20.15 FEET TO THE SOUTHERLY LINE OF
SAID OAK KNOLL ROAD AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 28004'40''
WEST, 10.07 FEET ~0 A POINT ON A LINE PARALLEL WITH AND
30.00 FEET SOUTHERLY OF SAID CENTERLINE OF OAK KNOLL ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 68°53'10" WEST,
172.81 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE
OF SAID JURGENSEN LAND; THENCE ALONG SAID NORTHWESTERLY
LINE, NORTH 16004'50" EAST, 10.04 FEET TO SAID SOUTHERLY
LINE OF OAK KNOLL ROAD; THENCE ALONG SAID SOUTHERLY LINE,
SOUTH 68~53'10'' EAST, 174.89 FEET TO THE TRUE POINT OF
BEGINNING.
A.P. NO.
317-152-10
EXHIBIT 1
FLOWAGE EASEMENT
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
SECTION 14 WITH THE CENTERLINE OF OAK KNOLL ROAD (FORMERLY
COUNTY ROAD A43) AS SHOWN ON .RECORD OF SURVEY MAP NO. 4928
ON FILE IN THE OFFICE OF ~HE RECORDER'S OFFICE OF THE COUNTY
OF SAN DIEGO; THENCE ALONG SAID CENTERLINE OF OAK KNOLL
ROAD, SOUTH 68°53'10'' EAST 354.09 FEET TO THE MOST EASTERLY
CORNER OF THE LAND DESCRIBED IN A DEED TO DENNIS
JURGENSEN, ET UX, RECORDED MARCH 4, 1975, FILE/PAGE NO.
75-048603 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTH-
EASTERLY LINE OF SAID LAND, SOUTH 28004'40'' WEST, 30.22 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE THE FOLLOWING TWO COURSES: SOUTH
28°04'40'' WEST, 71.38 FEET AND SOUTH 55°01'05" WEST, 173.40
FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, NORTH
34~58'55'' WEST, 22~OO FEET; THENCE NORTH 55~01'05'' EAST,
50.50 FEET TO A.CURVE CONCAVE NORTHWESTERLY, HAVING A'RADIUS
OF 178.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL~ ANGLE OF 19°39'41'', AN ARC DISTANCE OF
61.08 FEET TO A POINT ON A NON TANGENT LINE, A RADIAL LINE
TO SAID POINT BEARS SOUTH 54038'36'' EAST; THENCE ALONG SAID
NON TANGENT LINE NORTH 06:36'50" EAST, 33.92 FEET; THENCE
NORTH 21~06'50" EAST, 10.00 FEET TO A LINE PARALLEL WITH AND
30.00 FEET SOUTHERLY OF SAID CENTERLINE OF OAK KNOLL ROAD;
THENCE ALONG SAID PARALLEL LINE SOUTH 68°53'10",EAST, 37.36
FEET TO THE TRUE POINT OF BEGINNING.
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 87-147 , was duly
adopted by the City Council at a meeting of said City Council held on the lOth
day of November , 1987, and that it was so adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Marjorie~ K% Wahlsten, City Clerk
City of ~way