Res 89-121RESOLUTION NO. 89-121
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.
[APN 314-040-17 - Pomerado Investments, Inc. (Albin)]
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 the 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 State Route 56 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)
(b)
(c)
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
(d) The offer required by Section 7267.2 of the
Government Code has been made to the owners of
record.
Resolution No. 89- 121
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 r/~ular meeting thereof this
25 th day of Ju].¥ , 1989.
CARL R. KRUSE, Mayor
ATTEST:
MARJORIE K. WAHLSTEN,
City Clerk
pwy-res.alb
Resolution No. 89- 121
Page 3
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. 89- 1£1 , was duly adopted by the City Council at
a meeting of said City Council held on the 25th day of July, 1989,
and that it was so adopted by the following vote:
AYES:
Goldsmith, Higginson, Kruse
NOES: None
ABSTAIN: None
ABSENT:
Brannon, Emery
Marjorie'K. Wahlsten, City Clerk
City of Poway
EXHIBIT
R~solution No. 89- 121
,Page 4
That portio~ of the Northwest ~cer of Section il, Township 14 South, Range
2 West, San Bernar~{~o M-vi4~-n, in the Oounty of San Diego, State of California,
acoor~ng to Official Plat thereof, lying Westerly of the center line of P~ado '
Boad, and Northerly of the Northo~ly line of the land described in d~ to the
State of California, for freeway purposes, recozded Dec~ber 15, 1970 under Re- · - ,
corder's File No. 230175 of Official Records.
EX~T/NG THE~EFR2M that portion lying with the land described in Parcel 71-
0216-A-1 to the Oounty of San Diego, recorded November 9, 1972 as File No. 300363
of Official Records, being a strip of land 60.00 feet in width, 30.00 fcc~ on
each side of the following described center line:
Beginning at Engineer's Station 79 plus 93.19 on the center line of Road Suru~y
No. 1859-2, a plat of said Road Survey filed in the 'Office of the County Engi~.ccr
of said County, said Engineer's Station having ooordinates North ec~als 294,612.283
and East eq,,~ls 1,751,097.631 of the California Ooordinate System, Grid Zone 6, and
said Engineer's Statio~ being o~ a 2 inch pipe ma~king the Northwest corner of Po-
way Unit No. 4, acoording to Map thereof No. 4204 filed in the Office of the Oounty
_ Becorder of Sen Diego Oounty; thence along said centerline of ~oad Suru~y No. 1859
-2 along bearings and distances based upon the California Coozdinate System, Zone '6
as follows..
North 01"18'07" East 1918.99 feet to Engineer's Stat/on 99 plus 12.18, said Engineer's
Station having coorS{nates North e~mls 296,530.782 and East equals 1,751,141.250
and also being the North line of said Section 11, distant thereon South 86"40'01"
East 1310.06 feet fr~n a c~e-b~l~ inch pipe marking the Nort~st corner thereof,
having coordinates of North equals 296,606.883 and East e~,~$1,749,833.402.
Also excepting therefor- that p~ion taken by the County of San Diego by Order
for Possession filed April il, 1980 in the Superior Cou~'t, Co~ty of San Diego,
Case No. 451035 described in said Order and Action as-Parcel NO. 79-1034A and more
fully described as follows:
That portion of said land lying Easterly of a line that is parallel with and 46.00
feet Westerly of that centerline described as follows:
Beginn/ng at the intersection of Poway Road, Road Survey 1013, and lkx~rado Boad,
Boad Survey 1859-2, said Road Surveys on file in the Office of the County Engineer
of said Oounty; said intersection having coorS{nates North 286,619.64 and East
1,751,015.65 in tezms of the California Ooordinate Syst~n, Zone 6; thence along the
centevline of said P~m~rado ~Dad with bearings and distances in texms of said Coor-
dinate System North 00"47'22" East, 1829.58 feet; thence North 00"07'46" East,
-- 2658.36 feet; thence North 00"49'48" East, 3505.34 feet; thence North 01"18'08"
East, 1918.90 feet; thence North 01"03'50" East, 955.47 feet to the beginning of a
~ngent 1700.00 foot radius curve conca~ Easterly; thence Northerly along the arc
of said curve through a central angle of 44"25'03" a distance of 1317.89 feet; thence
Resolution No. 89- 121
Page 5
tangent to said curve North 45°28'53" East, 198.39 feet'to the beginning of a
--tangent 2000.00 fo~t radius curve oo~cave westerly; thence Northerly along the
arc of sa/~ curve through a central angle of 40°16'34" a dis~nce of 1405.90
feet; thence tangent to said curve North 05°12'19" East, 792.94 feet to the be-
ginn/ng of a tangent 3000.00 foot radius curve concave Westerly; thence Northerly
along the arc of ~ curve throug~ a central angle of 3"04'38" a distance of
161.12 feet; thence tangent to said curve North 02°07'41" East, 1953.09 feet;
thence North 01"23'41" East, 608.10 feet to the beginning of a tangent 3000.00
foot radius curve cc~cave Westerly; thence Northerly along the arc of said curve
through a central angle of 8"26'29" a ~{~tanoe of 441.99 f~-~ct; thence eangent to
said curve North 7"02'48" West, 404.35 fcct to the beginning of a ~t 2500.00
foot radius curve cc~cave Easterly; thence Northerly along the arc of said cur~
through a central angle of 9"42~20", more or less, a distance of 423.48 feet,.
more or less, to a point in the Rancho San Bernardo boundary line said point ha-
ving' coordinates North 304,825.49 and East 1,752,479.69 said point being the
Point of T~ninus.