Loading...
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 ,illll~t~l~i~ittll I I I'!11111111111 ~ I~loll~lqq4~ I I I I I I I I I I I I ~ ~1~11.1 I I I~1~1 i I I I I I I II ClJ I I I I I I~ 0 , , ~ ,.®. EXHIBIT #lb (1 of 2) 0 m z ~ 0 16 AMENDED RESOLUTION NO. 90-094 PAGE ~ PROPOSED RIGHT OF WAY MAP PIERSON PROPERTY