Res 88-094RESOLUTION NO. 88-094
RESOLUTION FINDING AND DETERMINING THE
NECESSITY THAT CERTAIN PROPERTY BE ACQUIRED BY
T~R CITY OF POWAY UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR ~'~D PURPOSE.
(STELL - APN 317-652-07)
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 Pomerado
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, slope, drainage 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. 88-094
PAGE TWO
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 Powax, California at a regular meeting thereof this 6th day
of September , 1988.
ROBERT C. EMERY, Mayo~--~
ATTEST:
MARJORiE'~K. WAHLSTEN, City Clerk
RESOLUTION NO. 88-094
PAGE THREE
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing
Resolution, No. 88-094 , was duly adopted by the City Council at
a meeting of said City Council held on the 6th day of September,
1988, and that it was so adopted by the following vote:
AYES:
NOES: NCNE
ABSTAIN: NONE
ABSENT: NONE
Marjo~i9 K. Wahlsten, City Clerk
City o~JPoway
RESOLUTIO.~ NO. 88- 094
PAGE FOL~R
EXHIBIT
PARCEL 1 - SLOPE EASEMENT IN APN 317-652-07
THAT PORTION OF LOT 17 OF CASA REAL POWAY - UNIT 1, ACCORDING TO
MAP THEREOF NO. 6944 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY MAY 27, 1971 IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERY CORNER OF SAID LOT 17 OF SAID MAP
NO. 6944, SAID CORNER BEING ON THE EASTERLY LINE OF THE RIGHT-OF-
WAY OF POMERADO ROAD AS DEDICATED PER SAID MAP NO. 6944; THENCE
ALONG SAID EASTERLY LINE, NORTH 06 DEGREES 46' 47" WEST (RECORD
N. 07 DEGREES 13' 51" W. PER SAID MAP NO. 6944), 53.74 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY OF SAID POMERADO ROAD, SOUTH 41
DEGREES 53' 07" EAST, 99.77 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID MAP NO. 6944, SAID POINT BEING ALSO ON THE
NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO ROBERT W WOLINSKI
AND PATRICIA L. WOLINSKI, HUSBAND AND WIFE, RECORDED APRIL 22,
1974 AS FILE NO. 74-101196 OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHERLY LINE AND SOUTHERLY BOUNDARY, NORTH 70 DEGREES 51'49"
WEST (RECORD S. 71 DEGREES 23' E. PER SAID DEED AND N. 71 DEGREES
18' 35" W. PER SAID MAP NO. 6944), 63.79 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL 1 CONTAINING AN AREA OF 0.035 ACRE, MORE OR LESS.
STEL-RES.NEC(kpm)