Res 92-064RESOLUTION NO, 92-064
RESOLUTION FINDINH AND DETERMININH THE
NECESSITY THAT CERTAIN PROPERTY BE ~CQUIRED BY
THE CITY OF POWAY UNDER EMINENT DOMAIN PROCEEDINHB;
DIRECTINH THE CITY ATTORNEY TO COMMENCE
~ COURT ~CTION FOR B~ID PURPOSE.
(13536 Pow&y Road; ~.PN 317-130-31)
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 as a public library, together
with all appurtenances to render said improvement complete and
workable, for the public library 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
fee simple for for the construction, operation and maintenance of
a public library.
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, 92-064
P~GE 2
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 th~eof this 5t__h day of
May , 1992. ~ V
ATTEST:
MARJORI~ K. WAHLSTEN, City Clerk
Resolution No. 92-064
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. 92- 064 was duly adopted by the City Council at a
meeting of said City Council held on the 5th day of May, 1992, and
that it was so adopted by the following vote:
AYES:
EMERY, HIGGINSON, GOLDSMITH
NOES:
MCINTYRE, SNESKO
ABSTAIN: NONE
ABSENT: NONE
Marjor~e~K. Wahlsten, City Clerk
City o~oway
Resolution No. 92-064 -
Page 4
pARCEL I LEGAL DESCRIPTION
PARCEL
That port£oe of the Southwest ~Quarter of the No:thea~r Quarter of
Section 13, T0vnsMp 1~ South, Range 2 West, San Bernardtno Base and
Herldlan, lo the County of San Diego, Stare of Calt£ornts,
United States Government Survay ~pproved November IS, 1880, described
aS iollswe:
Co~mencing at the SoutheaSt corner o[ ~aid Southwest Quarter of the
Northea&t Quarter; thence along the Southerly ~lne of said Northeast
Quarter, North 88041'47'' ~est, 32.~2 {eec ~o Engineers Station
228+00.37 P.O.~. on the center line o{ County Road Survey No. 1713;
theece North 00a20'O&'' East to the ~orcherly line o£ the Southerly
ll~.00 feet of said Southvest Quarter of the Northeast Quarter;
chance along said Northerly line North 88a&1'47'' ~est, to a i£ee
vhlch is parallel with and ~2.00 feet ~ester~y of and measured at
rlsht angles to said course above described as "North 00020'04''
Ea~£" being the Northwest corner of that portion of County R~ad
Survey No. 1713, as described in Parcel 62356-8 in Deed to the County
of San Otego. recorded November 13, ~963, aa ~lle No. 202933: thence
aloog the ~esterly ~ine of said Parcel 62356-B and the Southerly
p£olongatioe thereof South OOe20'O&°' Uest to the Northerly il~e
the Southerly 50.00 ~eet o: said Southwest Quarter of the Northeast
Quarter; £hence along said Northerly line, North 88061'67'' ~est,
150.O0 feet; cheers at right angles North O~e~8'13".Eaat, LSD.OD feet
to the true point of beginning; thence retracing South 01°~g'13
150.O0 feet to the Northerly line o~ the Southerly 50.00 ice:
said Southwest Quarter of the Northeast Quarter; thence aloes
Northerly line North 88061~67" ~est, 180.00 ~eet; thence at right
angles north Olel8'13' East 36~.00 feet; thence at right angles
South 88e~L'&7' East, 351.30 feet, dore or less, to the ~esterly
~lne of that certain 8a.O0 foot vide strip of land described in
F~na! Order o[ Condemnation, Super£or Court, County of San Diego,
Case No. 305935, a ce£ti~ied copy of ~hieh vas recorded JuDe 2, 196g,
as File No. gTO71~ thence a~on8 said ~esterly ~lne, South O6e$5'O~
~esc 215.~3 ~eet to a line ~h£ch bears South 88°61'67'' East
the true ps,et of ~egieeleg; thence No:th 88~1'~7' ~e~t,
feet, moro or ~ess, to the true point of beginning.
PARCEL 2:
That portion of ~he Southwest Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 ~est, Sac Bernardtno ~a~e
and Heridlan, in the County of San Diego, State of Califottita,
according rD United States Government Survey described as follows:
Commencing at ~he Southeast corner of said Southwest Quarter of the
Northeast Quarter; thence along the southerly line of said ~orth-
east Quarter, North 88e41'~7" ~est, 32.52 feet iD Engineers Station
228+00.37 P.O.T. on the center line o[ County Road Survey No. 1713;
thence North OOe20~O&' East to the Northerly line o[ tbs ~ou:huzly
115.OO ieet of said $outhvest Quarter of'the Northeast Ouartec;
thence along said Northerly line, North 88aGl'G7'' ~esr, to a line'
~h~ch is parallel vtch and G2.OO feet ~esterly of ~nd measured
at right angles to said course above described as "North 00°20'01''
£ast" being the Northwest Corner oi that portion o[ County Road
Survey No. 1713, as described in Parcel 62356-R to Deed to the
County of San ~iego, Recorded November 13, 1963, as File ~o. 202933;
thence along the ~esterly line of said Parcel 62356-B, and the
Southerly prolongation thereof, South O0O20'0g'' ~est co the Northerly
line of the Southerly 50.00 feet of said Southwest Qm*rtsr o: the
Northeast quarter; thence along said Northerly line, North 88°~1'47''
~est, 330.00 feet; chance at right angles North 01~1~'13'' Ea~c,
Resolution No. 92-064
Page 5
PARC£L 2 (~oecinued)
365.00 [eec co the True Point of Beginning; chance contin,l~Lg fforch
01°18'13'' East, i$.OO feet; thsnce at right angles South 88°61'47''
F. asr ~52.25 feec,-~ora or less. co the westerly Lines of chac c~ctain
84.O0~oot wide scrip oi land described in Final Order u[ Condemnation,
SuperlO.~ Court~ County of San Diego, Case No. 305935, a CertLil~d Copy
oi vblc~..was recorded June 2. 1969. as File No. 97011; :benc~
along said Westerly line, Sou~h 04°55'O4'' West 15.O3 ~et ~o an
intersection with a line vhlch bears South 88~41'47'' East from the
True Point of Beginning; thanes Nor£h 8g~tl'i~'' Wes~ 351.30 fe:t
~o the True Poin: of Beginning.
PAI~CEL 3:
An eaSemen: for the Installation and maintenance o~ a drainage
channel and for mhe construction and maintenance of a head ~all over.
under, along and across tha~ portion o~ the Southwest ~lar~er of the
Norcheas£ Quarter of Secclon 1), Township 14 South, Range 2 West.
San Bernardino Base and HerLdan, in the County of San Diego.
Sta~e of California, according to United Scales Government Survl!y
lying vl£hln a strip o£ land 25.00 feet in ~ldth the center line
of vhich is described as
Commencing at the Southeast corner of said Southwest Quad:er of
the Northeast Quarter; thence along the Southerly line of
Northeast Quarter, North 88ails&7' ~es:, 32,52 feet co Engii~eers
Station 228+00.37 P.O~T. on the center line of Couory Road Survey
No. 1713; chance ~orch OO°20*O&' East co the Northerly line o[
the S6ucherly 115.OO feet of said Southwest Quarter o~ the Northeast
Quarter; chance along said Northerly line, North 88°~L*~7' ~est to
a line vhich is parallel with and ~2.00 feet Westerly o[ and measured
at right angles to said course above described as *'North O0020~O~
East" being the Northwest corner o~ £hac portion of Cotmcy Road
Survey No. 1713, as described in Parcel 62356-B in Deed to the
of San Diego, recorded November 13, 1963, as ~ile No. 202933;
along the ~esterLy line o: said Parcel 62356-B, sod the Southerly
prolonsation thereof, South O0°20~Oa' ~es£ to the Northerly lil~e
of the Southerly 50.00 feet of said Southwest Quarter of the
east Quarter; chance along said Northerly line, Notch 8geat*67''
West, 330.00 feet; thence at right angles North O1°18'~3''
175.00 feet to the True Point of Be$innin&; chehce North 88°~1'~7
~est, l?.O0 feet.