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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.