Res 92-148RESOLUTION NO. 92-148
A RESOLUTION OF THE POWAY CITY COUNCIL
OF THE CITY OF POWAYt C~LIFORNIA SETTLING LITIGATION AND
APPROVING THE ACQUISITION OF 13536 POWAY ROAD.
(13536 Powa¥ Road - APN 317-130-31)
WHEREAS, on June 9, 1992 the Poway City Council adopted
Resolution No. 92-088 finding and determining the necessity that
the property located at 13536 Poway Road be acquired under eminent
domain proceedings; and
WHEREAS, on June 12, 1992 a complaint in condemnation was
filed in the Superior Court of the State of California for the
County of San Diego for the purpose of acquiring said property by
condemnation; and
WHEREAS, settlement of that litigation has been negotiated by
and between the Poway Redevelopment Agency, the city of Poway, OTR,
an Ohio General Partnership, and Longs Drug Stores california,
Inc., a California Corporation, by the terms of which OTR and Longs
have agreed to enter into a stipulation for entry of judgment in
said litigation which would result in a judgment in eminent domain
being entered in favor of the Agency and the city and by the terms
of which OTR would sell the property to Longs and Longs would sell
the property to the Agency for the sum of $1,600,000.00 and will
pay to the City of Poway the sum of $400,000.00 as and for a lease
cancellation; and
WHEREAS, the project has both been found to be exempt from the
California Environmental Quality Act and a negative declaration has
been adopted prior to the final acquisition of said property.
NOW, THEREFORE, the City Council of the city of Poway,
California does hereby resolve as follows:
SECTION 1: That acquisition by the Poway Redevelopment Agency
of the property commonly known as 13536 Poway Road by settlement of
pending eminent domain proceedings for the purchase price of
$1,600,000.00 is hereby approved.
SECTION 2: That the City of Poway shall upon receipt of the
sum of $400,000.00 release and discharge Longs Drug Stores
California, Inc. from any further obligation as tenant of said
property.
SECTION 3: That the City of Poway does hereby approve those
certain agreements of purchase and sale by and between OTR and
Longs, and Longs and the Poway Redevelopment Agency and the City of
Poway as presented at the meeting of July 14, 1992 as the same may
be amended by the City Attorney to conform to the decision and
direction of the city Council.
RESOLUTION NO. 92-14___8
PAGE 2
SECTION 4: That the city approves the appropriation of the
sum of $1,600,000.00 from the Agency's general fund for the purpose
of said acquisition.
SECTION 5: That the City Manager of the city of Poway and the
city Attorney be and are hereby directed to perform any further
acts required to complete the acquisition of said property on the
terms and conditions set forth hereinabove and in the agreements
referred to hereinabove.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Poway, california at a regular meeting thereof this 14th day of
July, 1992. [
ATTEST:
marjori~Wahlsten, City Clerk
Resolution No. 92- 148
Page 3
STATE OF CALIFORNIA )
) SS,
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- 148 was duly
adopted by the City Council at a meeting of said City Council held on the 14th
day of July, 1992, and that it was so adopted by the following vote:
AYES: Emery, McIntyre, Goldsmith
Snesko
NOES:
ABSTAIN:
ABSENT:
None
Higginson
Marjorie ~. Wahlsten, City Clerk
City or. ay