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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)