Res 92-088RESOLUTION NO. 92-088
RESOLUTION FINDING i%ND DETERI~INING THE
NECESSITY THaT CERTAIN PROPERTY BE ACQUIRED BY
THE CITY OF POWAY UNDER EI~INENT DOI~IN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COI~ENCE
A COURT ACTION FOR SAID PURPOSE.
('13536 POWay 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. 92-088
PAgE 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 thereo~ this 9th day of
June , 1992.
ATTEST:
WAHLSTEN, City Clerk
__ Resolution No. 92-088
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. 92-088 was duly
adopted by the City Council at a meeting of said City Council held on the 9th
day of June, 1992, and that it was so adopted by the following vote:
AYES:
~mery, Higginson, McIntyre, Goldsmith
NOES: Snesko
ABSTAIN: None
ABSENT: None
MarjoriA ~. Wahlsten, City Clerk
City oi~way
Resolution No. 92-088
Page 4
EXHIBIT I
LEGAL DESCRIPTION OF PROPERTY
P,~CEL I:
That portion of the Sonthwesr Quarter of the Northeast Quarter
Sect£oe La, Toe, ship :4 South, Range 2 West, San gernard£no Base and
~eridian, in tho County of San Diego, Stare of Ca:iforn£a, accord£ng
United States Government Survey approved November Lg, :ggo, described
as fo:Lows:
Cacu~enc£ng at the Southeast cornet of sa£d Southwest Quar:er of the
gortheast Quarter; thence ~long the Southerly :Lne of said Northeast
Quarter, North 88*4Lt47'' West, 32.52 feet to Engineers Station
228+00.37 P.O.T. on the center Line el County Road Survey No.
thence Notch OOO20'O&" East to the Northerly i£ne of the Souther:y
LL~.00 feet o~ said Southwest Quarter of the Northeast Quarter;
thence areas said Northerly line North 880~L'G7'' West, to a
vhich is parallel vith and 42.00 Eeoc ~esceriy of and measured ac
t£ght angles co said course above described ss '~orth OO020
East" being the Northwest corner of that porc£on of County Road
Survey No. L713, as described £n Parcel 62356-B in Deed to the County
of San Diego, recorded November :3, L963, as File No. 202933; thence
a:ong the Westerly :Lee of said Parce~ 62356-5 and the Southerly
ptoloogac~on chereoff South OO°20eO~' West co the Northerly Line
the Southerly 50.00 feet o~ said Southwest quarter of the Northeast
Quarter; thence area8 said Norther:y L£ne, North 88e&:*~7" ~esC,
LEO.00 ~eet; thence ac tight angles North OLeL8eL3' East, [50.00
to the true point cf beg~ne£ng; thence terracing South O~°Lg'~3" West,
:50.00 feec to the Norther:y Line of the Southerly 50.00 feec
said Southwest Quarter of the Northeast Quarter; thence a:ong said
~ortherLy line North 8go&LeG7" West, 180.00 fee~; thence ac tight
angles north OloLg°:3' Bast 365.00 feet; thence ac r~ght angles
South 88e&LtG7' East, 35~.30 feet, more or Less, to the
l:ne of thac certain 8~.00 foot w~de str£p of Land described tn
Final Order of Condemnation, Superior Court, County of San 01ego,
Case go. ~05935, a cerc£fied copy o~ uhlch vas recorded ~une 2, :969,
as FtLa No. 9707L; thence along said gesterLy ~£ne, South
~esC 2L5.43 feet co a L£ne uh£ch bears South 88ogle&7' ~ast.from
the true point of beginn£ng; thence North 880~'~7" ~est, :$7.72
feet, more ar :ess, to the true point of beg£nning.
?ARCEL 2:
·hac portion of the Southvest Quarter of the Northeast Quarter of
Settled La, ~o~nsh£p L& South, Range 2 ~e$c, San Bernard£no Base
end Heridian, in the County of San Oie$o~ Scare of California,
according co United Scares Government Survey described as follows:
Commenc£ng aC the Southeast corner of said Southwest Quartet o~ the
Northeast Quarter; thence along the soGtherly 1Lee of said Notch-
east Quarter~ North 88e&L~&7" gent, 32.52 feet co Eng£oners Station
228+00.37 P.O.T. on the center L~ne of County Road Survey
thence North OOe20'O&" East to the Norcher:y line of the Southerly
::~.00 feet of said Southwest Quarter of'the Northeast Quarter;
thence along said Northerly Line, North 88edit47' West, to a Line
which i~ parallel v£th and &2.00 feet vescerLy of and measured
at right angles to sai~ course above described as "North 00e20~04"
East" be£e8 the Northwest Corner of chac port£on of County Road
Survey No. 17La, as described in Parco: 6235&-B in Oeed to the
County of San Diego, Recorded ~oveaber 13. L963o as File No. 202933;
thence along the ~escerLy line of said Parcel 62~56-B, and the
Southerly prolongation thereof, South OOe20~O&' ~esC to the ~ortherLy
line of the Southerly 50.00 £eec of said Southwest Quarter of the
Northeast Quarter; thence along said Northerly line. ~or~t 88e&L~&7"
West, 330.00 feet; thence ac right angles gorch Ol~lg'~3" Bast,
P^RCI:L 2 (continued)
Resolution No. 92-088
Page 5
365.00 feet to the True ~o£nt of Beginn£ng; thence continuin8 North
01°~8'13'' East, 15.00 feet; thence at right anBLes South
~st 352.25 feet, more or Less, to the vestor~y ~£oes of that cot:aiD
8G.O0 foot vide strip of land described tn Final Order of Condemnation,
Superior Court, County of San DieBo. Case No. 305935, a Certif~ed
of ~h£ch ~as recorded ~une 2, L~69. as File No. g707~; thence
~nCersecKlon vXch a X~ne ~hLch bears South 88°4Z'~7'' East ~rom the
True Point of Beginning; thence North 88e&~'&7'' ~est, 35~.30 feet
to the True Point of Beg£nnin$.
?ARCEL 3:
An easement for the instal~cion and ~ntenance of a drainage
channel and for tho construction and ~aintenance of n head ~e~ over,
under, along and ecross chat portion of the Southvest Quarter of the
Northeast Quarter of Section t3, Township ~& South, R~Be 2
San ~e~ardino Base and ~er~dan, In the ~unCy of San Die~o,
State of ~:forn~a, accotdtn8 to Un,ted Scares Governer Sunny
lying v~thin a strip of land 25.00 feet in v~dch the center
of ~hLch ~s described as follows:
Co~enc~n& ac :he Southeast corner of sa~d Southwest Quarter
~he Northeast Quarter; thence aLon8 the Southerly ~ifle of said
~or:heasc Quarter, North 88~&~'~7'' Uesc, 32.52 feet to EnBtnee~s
S~ac~on 228~O.37 P.O.T. on the center ~ine of County ~ad Sunny
No. 1713; :hence North DOe20'0&*' ~s: ~o the Northerly l~ne of
the S6ucherly ~.00 feec of sa~d Souchvesc Quarter of :he Northeast
Quarter; thence alofl8 sa~d Northerly fine, gorth 8806~'&7,' ~esc
a :~ne vhLch ~s para~le~ v~:h and &2.00 feec ~ester~y of and ueasured
ac right anB[es co sa:d course above described as "Hotth OO°20'0&"
East" be~n~ the Northwest co.er of chat portion of County Road
Survey ~o. ~713, as described ~n earce~ 623~6-B in Deed co :he County
of San OteBo, recorded Hovember 13, 1963, as File No. 202933; thence
a~on8 the ~es~erly l~ne of said Parcel 623~6-B, and :he Southerly
pto~oflsaciofl thereof, Sou~h 00~20'0~" ~es~ co ~he Northerly
of the Southerly ~O.00 feet of said Southwest Quaccer of the
east Quarter; ~hence a~on& said ~orcher~y Line, North 88°&L'G7"
~est, 330.00 feet; thence ac r~Bhc anB~es Nor~h 01o~8'L3'' East,
L75.00 fee: co the True ~oLnc of Be&~nn~nB; cheflce North 880&L'~7
~est, iT.OD feet.