Res 88-035RESOLUTION NO. 88-035
RESOLUTION FINDING AND DETER_MINING THE
NECESSITY THAT CERTAIN PROPERTY BE ACQUIRED BY
THE CITY OF POWAY UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE.
(SORIANO - APN 314-382-41)
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, for the Twin Peaks
Road-widening 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, riding trail, slope, utility
easement and construction purposes.
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; and
The offer required by Section 7267.2 of the
Government Code has been made to the owners of
record.
RESOLUTION NO. 88-0 35
PAGE 2
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, California at a regular meeting thereof this 10th day
of May , 1988.
ROBERT C. EMERY,/~a~r
ATTEST:
~R~R~E ~~Clerk
RES-NEC.PWY(kpm)
RESOLUTION NO. 88-035
PAGE 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Narjorte K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 88-035 , was duly
adopted by the City Council at a meeting of said City Council held on the loth
day of May , 1988, and that it was so adopted by the following vote:
AYES: Higginson, Kruse, Tarzy, Emery
NOES: None
ABSTAIN: None
ABSENT: Brannon
City~ of~Pow~y , Cfty
· ' RESOLUTION No. 88-0 35
PAGE 4
LEGAL DESCRIPTION
Area to be Acquired in Fee
That portion of the Northeast Quarter of the Northwest
Quarter of Section 12, Township 14 South, Range 2 West, San
Bernardino Meridian, in the City of Poway, County of San
Diego, State of California, according to United States
Government Survey approved September 11, 1879, described as
follows:
Commencing at the Southeast corner of the land described in
a deed to Jesus Y. Soriano recorded November 15, 1965 as
File/Page No. 207026, Official Records of said County and
State; thence along the Easterly line of said land North
00"50'20" East 130.45 feet to a point on the Southwesterly
line of Twin Peaks Road as shown on Map No. 11641, Records
of said County and State, said point being the TRUE POINT OF
BEGINNING; thence continuing along said line, 32.06 feet to
the Northeasterly corner of said land; thence Westerly along
the Northerly line of said land to a point on said
Southwesterly line; thence along said Southwesterly line
South 52o50'59'' Ea~t 56.37 feet to the TRUE POINT OF
BEGINNING.
The above described land contains 0.018 acres, more or less.
Slope Easement
That portion of the Northeast Quarter of the Northwest
Quarter of Section 12, Township 14 South, Range 2 West, San
Bernardino Meridian, in the City of Poway, County of San
.Diego, State of California, according to United States
Government Survey approved September 11, 1879, described as
follows:
Commencing at the Southeast corner of the land described in
a deed to Jesus Y. Soriano recorded November 15, 1965 as
File/Page No. 207026, Official Records of said County and
State; thence along the Easterly line of said land North
00e50'20'' East 130.45 feet to a point on the Southwesterly
line of Twin Peaks Road as shown on Map No. 11641, Records
of said County and State, said point being the TRUE POINT OF
BEGINNING; thence along said Easterly line, South 00"50'20"
West, 22.69 feet; thence leaving said Easterly line, North
55"53'49" West 87.17 feet to a point on the Northerly line
of said Soriano deed said point lying on a nontangent curve
concave Northerly, having a radius of 60.00 feet, a radial
line to said point bears South 04"52'24" East; thence
Northeasterly along said Northerly line and curve, through a
central angle of 18"49'54", an arc length of 19.72 feet to a
point on a curve concave Southerly, having a radius of 60.00
feet; thence continuing along said Northerly line, and along
said curve, though a central angle of 08"40'17", an arc
length of 9.08 feet to a point on said Southwesterly line of
Twin Peaks Road; thence, leaving said Northerly line, along
said Southwesterly line, South 52"51'02" East 56.37 feet to
the TRUE POINT OF BEGINNING.
The above described land contains 0.033 acres, more or less.
EXHIBIT