Res 92-007RESOLUTION NO. 92-007
RESOLUTION FINDING AND DETERMINING THE
NECESSITY THAT CERTAIN PROPERTY BE ACQUIRED BY
THE CITY OF POWAY UNDER EMINENT DOHAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE.
(Rensberger: APN 314-230-42)
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 for street right of way for a
pedestrian foot path, together with all appurtenances to render
said improvement complete and workable, for the Community
Road/Olive Grove Road signalization 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 street right of way for a pedestrian foot path 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.
RESOLUTION NO. 92-007
PAGE Z
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 7th day of
January, 1992.
"~~~ ~TH, Mayor
ATTEST:
WAHLSTEN, City Clerk
Resolution No. 92-007
Page 3
STATE OF CALIFORNIA )
) $$o
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 92-007 , was duly
adopted by the City Council at a meeting of said City Council held on the 7th
day of January , 1992, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Emery, Higglnson, McIntyre, Snesko, Goldsmith
None
None
None
Mar~orile X. Wahlsten, City Clerk
City oi~ P~pway
.('i..Resolution No. 92-007
Page 4
L~GAt. DESCRIPTION
The Northerly 12.00 feet of .?e South Half,of the South Half of the Southwest Quartc.r. of
the Southeast Quarter of Section 12, Township 14 South, Range 2 West, San Bcmardmo
Meridian, in the City of Poway, County of Sen Diego, State of California, as conveyed to
race of the county Recorder of smd San Diego County.
II
!
.oEfXthCEL~N.G th_er_efro..m, that portion lying within Comm.u. nity Road per easement in favor
e county ol~ ~.en Diego, recorded May 6, 1966 as File No. 76706 of Official Records,
m the Office of smd County Recorder.
Con~ning 1459 sq. fl., more or less.
EXHIBIT