Res 95-009RESOLUTION NO. 95-009
RESOLUTION OF THE CITY OF POWAY
FINDING AND DETERMINING THE NECESSITY
THAT CERTAIN REAL PROPERTY BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE;
SCRIPPS POWAY PARKWAY IMPROVEMENTS.
(Schreiber -- APN 324-070-04 -- Full Taking)
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 a public roadway for the
improvements associated with the easterly extension of Scripps
Poway Parkway to State Route 67, in or near the City of Poway.
SECTION 3: That the general location and extent of the
property to be taken by eminent domain proceedings is set forth in
a description of said property attached hereto as Exhibit "A" and
is incorporated herein by this reference.
SECTION 4: That the interest to be taken in said property is
a right-of-way in fee simple for public roadway 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 the Project, as
the Scripps Poway Parkway is necessary for the orderly and
improved flow of traffic;
(b) The Project is planned or located in the manner that will
be most compatible with the greatest public good and the least
private injury, as the location of the roadway follows
topographical lines that reduce costs, grading, and other
adverse impacts to private property;
(c) The property described in this Resolution is necessary
for the Project in order to complete realignment of Rio Maria
Road to connect with the Parkway; and
(d) The offer required by Section 7267.2 of the Government
Code has been made to the property owner(s) of record.
SECTION 6: That in accordance with Code of Civil Procedure
Section 1245.235, each person whose property is to be acquired by
Resolution No. 95-009
Page 2
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
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 by the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Poway, California, at a regular meeting this 14th day of March,
1995.
DON HIGGINSON, M~OR
ATTEST:
MARJORIE K. WAHLSTEN, CITY CLERK
Resolution No. g5-009
Page 3
STATE OF CALIFORNIA )
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.
95- 009 was duly adopted by the City Council at a meeting of said City Council
held on the 14th day of March , 1995, and that it was so adopted by
the following vote:
AYES:
CAFAGNA, CALLERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
j ' . , ity Clerk
City of Poway
Re~olution No. 95-009
Page 4
EXHIBIT "A"
03-144685
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 4 OF PARCEL MAP NO. 7118, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 6, 1978 AS FILE NO. 78-136522 OF
OFFICIAL RECORDS.
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Rp~nlHf~nn l~_,3. 95-S09