Res 88-047RESOLUTION NO. 88-047
RESOLUTION FINDING AND DETERMINING 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.
(RAKOV - APN 320-011-02)
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 and Code of Civil Procedure
Section 1240.410.
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 South
Poway Parkway Extension 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, including slope easement and
construction 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; and
(d)
The offer required by Section 7267.2 of the
Government Code has been made to the owners of
record.
RESOLUTION NO. 88-047
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 31st day
of May , 1988.
ROBERT C. EMERY,
ATTEST:
MARJORIE~ K. WAHLSTEN, City Clerk
PWY-RES.RKV(kpm)
Resolutlon No. 88-04?
Page 3
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. 88-0 4? , was duly
adopted by the City Council at a meeting of said City Council held on the 31st
day of May , 1988, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Brannon, Higglnson, Kruse, Tarzy, Emery
None
None
None
Marjorie K~, Wahlsten, City Clerk
City of P~)way
THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 26,
DISTANT NORTH 89 DEGREES 42' EAST THEREON 727.41 FEET FROM THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 0 DEGREES 18' EAST, 470.50
FEET; THENCE NORTH 89 DEGREES 42' EAST, 427.90 FEET; THENCE NORTH
21 DEGREES 28' EAST, 248 FEET; THENCE NORTH 29 DEGREES 38' WEST,
275.5 FEET TO THE NORTH LINE OF SAID SECTION 26; THENCE SOUTH 89
DEGREES 42' WEST ALONG SAID NORTH LINE 384.91 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, 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 APPROVED NOVEMBER 19, 1880, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 26,
DISTANT THEREON NORTH 89 DEGREES 42'00" EAST, 727.41 FEET FROM
THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES
18'00" EAST, 470.50 FEET; THENCE NORTH 89 DEGREES 42'00" EAST,
427.90 FEET; THENCE NORTH 21 DEGREES 28'00" EAST, 248.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY IN A STRAIGHT
LINE TO THE INTERSECTION OF THE NORTHERLY LINE OF SAID SECTION 26
WITH THE CENTER LINE OF THAT CERTAIN 60 FOOT EASEMENT FOR ROAD
PURPOSES (KNOWN AS POMERADO ROAD) DESCRIBED IN DEED TO THE COUNTY
OF SAN DIEGO, RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 369 OF
DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY
LINE OF SAID SECTION 26; SOUTH 89 DEGREES 42'00" WEST TO AN
INTERSECTION WITH A LINE WHICH BEARS NORTH 29 DEGREES 38'00"
WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 29 DEGREES
38'00" EAST, 275.50 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 26, 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 APPROVED
NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS:
EXHIBIT #1
COM~MENCING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE
ALONG THE NORTHERLY LINE OF SAID SECTION 26, NORTH 89 DEGREES
42'00" EAST, 542.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE NORTH 89 DEGREES 42'00"
EAST, 185.17 FEET; THENCE SOUTH 00 DEGREES 18'00" EAST, 470.50
FEET; THENCE SOUTH 89 DEGREES 42'00" WEST, 185.17 FEET TO AN
INTERSECTION WITH A LINE WHICH BEARS SOUTH 00 DEGREES 18'00"
EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES
18'00" WEST, 470.50 FEET TO'THE TRUE POINT OF BEGINNING.
EXHIBIT #1
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