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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 (Page 2 of 2)