Res 90-093RESOLUTION NO. 90-093
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.
(Dahlin: APN 323-090-03)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA 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 right of way for water main
and access road, together with all appurtenances to render said
improvement complete and workable, for the Parkway Business Center
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 water main, access road and slope easements 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;
(d)
The offer required by Section 7267.2 of the
Government Code has been made to the owners of
record.
~ R~SOLU?IO~ ~0. 90-093
SECTION 6: That in accordance with the 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 15thday of
May , 1990.
ATTEST:
WAHLSTEN, C 1 e r k
MARJOR I~K. C i t y
DHLN-RES.PWY
Resolution No. 90-093
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. 90-093 , was duly adopted by the City Council at
a meeting of said City Council held on the 15th day of May ,
1990, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
orie' K. Wahlsten, City Clerk
City of Poway
ResolUtion No. 90-093
Page 4
LEGAL DESCRIPTION
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TOUNITED STATES GOVERNMENT SURVEY,
APPROVED FEBRUARY 24, 1876.
EX~]B[T ~1
Resolution No. 90-093
Page. 6
25
PROPOSED RIGHT OF WAY MAP
DAHLIN PROPERTY
Parcel "U"
A: Ia-°'2o'oo''
L~ Ir--,~. I 0'
T-' 7 co. zt.z~'
$23-090-05
TPO. B.- Pcl.
323-090-17