Res 87-149RESOLUTION NO. 87-149
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF P0WAY, 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
(Pinney, et al; APN 323-262-33)
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 installation and mainte-
nance of a water main and/or sewer lines, together with all
appurtenances to render said improvement complete and workable,
near 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 easement for installation and maintenance of a
water main and/or sewer lines.
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. 87-149
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 17th day of
November , 1987.
ATTEST:
MAJORIE .'K~ WAHLSTEN, City Clerk
PIN/RSO.TAS(wp)
STATE OF CALIFORNIA
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. 87-149 , was duly
adopted by the City Council at a meeting of said City Council held on thel?th
day of November , 1987, and that it was so adopted by the following vote:
AYES: BRANNON, KRUSE, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON
Marjorie. KV Wahlsten, City Clerk
City of ~oWay
(Pinney, et al.)
The land referred to herein and made subject to said easement of
right of way is situated in the City of Poway, County of San
Diego, State of California, and is more particularly described as
follows:
An easement and right of way for water and/or sewer lines, ten
(10) feet in width, in Parcel 1, of a portion of Lot 4 in Section
18, Township 14 South, Range 1 West, San Bernardino Meridian,
according to Parcel Map No. 12771, filed in the Office of the
County Recorder of San Diego County, June 16, 1983 as file No.
83-203107; more particularly described as follows:
Commencing at the Southwest corner of said Section 18, thence
along the Southerly line of said Section 18, South 89° 34' 00"
East, 669.96 feet to a point herein designated as Point "A";
thence North 00° 09' 00" West, 1301.74 feet to a point on the
Westerly line of said Parcel 1 and being the TRUE POINT OF
BEGINNING; said point also being a point of intersection with the
Southerly line of a 20 foot wide sewer easement, filed in the
Office of the County Recorder, January 23, 1975 as Pile No. 73-
016139 of Official Records; thence along the Southerly line of
said sewer easement, South 89° 25' 00" East, 242.80 feet; thence
leaving Southerly line of said sewer easement, South 01° 24' 00"
East,
North
line
North 00° 09' 00" West,
OF BEGINNING.
10.00 feet along the Easterly line of Parcel 1; thence
89° 25' 00" West, 242.90 feet to a point on the Westerly
of Parcel 1, thence along the Westerly line of Parcel 1,
10.00 feet, returning to the TRUE POINT
EXHIBIT #1