Res 90-094aWENDED RESOLUTION NO. 90-094
RESOLUTION FINDING ~ DETERI~INING THE
NECESSITY THaT CERT&IN PROPERTY BE ACQUIRED BY
THE CITY OF POWAY UNDER EI~INENT DOI~IN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO ¢OI~ENCE
A COURT ACTION FOR SAID PURPOSE.
(P~erson: APN 323-090-52)
WHEREAS, at the time of filing by the city of Poway of the
Complaint in Condemnation herein, an ambiguity existed in Exhibit
#1 of Resolution of Necessity No. 90-094 caused by discrepancies
between the written legal description and the engineering diagram
of the property to be acquired; and
WHEREAS, the city of Poway seeks to correct any ambiguity in
the legal description of the right of way to be acquired;
NOW, THEREFORE, 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)
(b)
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;
(c) The property described in this resolution is necessary
for said proposed project;
Al(ENDED RESOLUTION NO. 90-094
P~,GE 2
(d) The offer required by Section 7267.2 of the Government
Code has been made to the owners of record.
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 25th day of
June , 1991.
~ITH, Mayor
ATTEST:
MARJORIE K. WAHLSTEN, city Clerk
AMENDED RESOLUTION NO. 90-094
Pi~GE 3
STATE OF CALIFORNIA )
) ss.
co~xY OF SM DI~,GO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing Amended
Resolution No. 90-094, was duly adopted by the City Council at a
meeting of said City Council held on the ~ day of .],mp , 1991,
and that it was so adopted by the followln' g vote:
AYES:
EMERY, HIGGINSON, SNEKSO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: MC INTYRE
Marjorie~K. Wahlsten, City Clerk
AMENDED RESOLUTION NO. 90-094
PAGE 4
LEGAL DESCRIPTION
PARCEL V - SPECIFIC LOCATION OF ACCESS AND WATER EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, 15.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 19; THENCE ALONG THE EASTERLY
LINE THEREOF NORTH 01°33'15'' EAST 230.83 FEET TO A POINT ON A NON-
TANGENT 75.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO
SAID POINT BEARS SOUTH 13°49'47'' EAST; THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 45°59'47'' A DISTANCE OF 60.21
FEET; THENCE TANGENT TO SAID CURVE NORTH 57°50'00'' WEST A DISTANCE
OF 81.96 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°25'00'' A DISTANCE OF 226.02 FEET;
THENCE TANGENT TO SAID CURVE NORTH 42°25'00'' WEST 136.70 FEET TO
THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY AND EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 112°33'00'' A DISTANCE OF 392.87 FEET; THENCE
TANGENT TO SAID CURVE NORTH 70°08'00'' EAST 113.44 FEET TO THE
BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 126°08'00'' A DISTANCE OF 198.13 FEET; THENCE TANGENT TO
SAID CURVE NORTH 56°00'00'' WEST 547.43 FEET TO THE SOUTHERLY LINE
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE LEAVING
SAID SOUTHERLY LINE NORTH 56°00'00'' WEST 290.17 FEET TO THE
BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE SOUTH-
WESTERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRALANGLE
OF 14°20'00'' A DISTANCE OF 150.10 FEET; THENCE TANGENT TO SAID
CURVE NORTH 70°20'00'' WEST 268.67 FEET TO THE WESTERLY LINE OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 70°20'00'' WEST 265.72 FEET TO
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 19°00'00'' A DISTANCE OF 132.65 FEET; THENCE TANGENT TO SAID
CURVE NORTH 89°20'00'' WEST 155.35 FEET TO THE BEGINNING OF A
TANGENT 85.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRALANGLE OF 65°19'14''
A DISTANCE OF 96.90 FEET TO THE SOUTHERLY LINE OF PARCEL 1 OF LAND
DESCRIBED IN DEED TO POWAYMUNICIPAL WATER DISTRICT AS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 2, 1980 AS
FILE NO. 176326 OF OFFICIAL RECORDS, BEING A PORTION OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND THE POINT OF
TERMINATION.
THE NORTHEASTERLY AND SOUTHWESTERLY SIDELINES OF SAID STRIP ARE TO
BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE NORTH, IN THE
SOUTHERLY LINE OF PARCEL 1 OF SAID POWAY MUNICIPAL WATER DISTRICT
PROPERTY, AND ON THE EAST IN THE EASTERLY LINE OF SAID NORTHEAST
QUARTER OF THE NORTHWEST QUARTER.
:"'" :'~: l~I 151I:il~!~.~l~l AMENDED RESOLUTION NO. 90-094
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AMENDED RESOLUTION NO. 90-094
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PROPOSED RIGHT OF WAY MAP
PIERSON PROPERTY