Res 87-150RESOLUTION NO. 87-150
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
(Juarez, APN 317-200-10)
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 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, widening
and maintenance of a public street, together with all appurten-
ances 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 easement for the installation, widening and
maintenance of a public street.
SECTION 5: That the City Council of the City of Poway
hereby finds, determines and declares that:
(a)
(b)
(c)
(d)
The public interest and necessity require
said proposed project;
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;
The property described in this resolution is
necessary for said proposed project;
The offer required by Section 7267.2 of the
Government Code has been made to the owners
of record.
PAGE 2
RESOLUTION NO. 87-150
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:
MARJORIE K. WAHLSTEN, City Clerk
JUAREZ/C.RES(gw)
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. 87-150 , was duly
adopted by the City Council at a meeting of said City Council held on the 1?th
day of November , 1987, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, KRUSE, TARZY
NONE
NONE
EMERY, HIGGINSON
MarjorieK. Wahlsten, City Clerk
City of~P~Oway
The land referred to herein and made subject to said easement of
right of way by this grant is situated in the City of Poway,
County of San Diego, State of California, and is more
particularly described as follows:
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 23,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 23,
WITH THE CENTER LINE OF SAN DIEGO COUNTY HIGHWAY COMMISSION MISSION
ROAD lA AS SHOWN ON SHEETS 14 AND 15 OF THE MAP THEREOF ON FIL~ IN
THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE
ALONG SAID CENTER LINE SOUTH 0'43'00" WEST 146.56 FEET (RECORD 146.70
FEET) TO THE SOUTHEASTERLY CORNER OF LAND CONVEYED TO ~HE COUNTY OF
SAN DIEGO BY DEED DATED OCTOBER 14, 1913 AND RECORDED IN BOOK 500,
PAGE 231 OF DEEDS; THENCE CONTINUING SOUTH 0'43'00" WEST ALONG SAID
CENTER LINE OF MISSION ROAD lA AND BEING ALSO ALONG THE EASTERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED TO THE
COUNTY OF SAN DIEGO, DATED MAY 2, 1955 AND RECORDED IN BOOK 5644,
PAGE 233 OF OFFICIAL RECORDS, A DISTANCE OF 342.17 FEET TO THE
BEGINNING OF A TANGENT CURVE THEREIN CONCAVE NORTHWESTERLY AND HAVING
A RADIUS OF 700.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 329.25
FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN 1.32 ACRE PARCEL OF
LAND AS DELINEATED AND SHOWN ON RECORD OF SURVEY MAP NO. 3621, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID CORNER
BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF
SAID 1.32 ACRE PARCEL AS SHOWN THEREON AS FOLLOWS:
SOUTHERLY ALONG SAID CURVE 52.13 FEET AND TANGENT TO SAID CURVE AND
CONTINUING ALONG SAID CENTER LINE SOUTH 31'56'00" WEST 216.61 FEET TO
THE POINT OF INTERSECTION OF THE CENTER LINE OF THAT CERTAIN STRIP OF
LAND DESIGNATED "EASEMENT RESERVED FOR ROAD" AS SHOWN ON SAID RECORD
OF SURVEY MAP NO. 3621; THENCE ALONG SAID CENTER LINE NORTH 87'42'10"
WEST 137.00 FEET; THENCE NORTH 0'29'40" WEST 286.73 FEET; THENCE
SOUTH 79'00'00" EAST 258.00 FEET AND SOUTH 62'20'00" EAST 30.00 FEET
TO THE TRUE POINT OF BEGINNING.
EXHIBIT