Res 95-010RESOLUTION NO. 95-010
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.
(King -- APN 324-010-70 -- Partial 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 for roadway purposes -- the
easterly extension of Scripps Poway Parkway to State Route 67, in
the City of Poway and County of San Diego.
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 access 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 provide access rights for the
public roadway; 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. 95-010
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~4~R
ATTEST:
MARJ~I~ K. WAHLSTEN, CITY CLERK
Resolution No. 95-010
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.
g5-010 was duly adopted by the City Council at a meeting of said City Council
hel~ 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
Marjori~ ~. Wahlsten, City Clerk
City of LP?ay
Resolution No. 95-010
Page 4
EXHIBIT ~A'
1 (WE), STEPHEN P. KING AND MAILIORIE L. KING. HUSBAND AND WIFE AS JOINT TENANTS: BEING
HEREINAFTER CALLED GRANTOR, BEING THE OWNER(S) OF THE REAL PROPERTY IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP 14377, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
SAID PARCEL MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY
18, 1986 AS FILE NO. 86-298628 OF OFFICIAL RECORDS.
DO HEREBY RELEASE AND RELINQUISH TO THE CITY OF POWAY, ANY AND ALL ABD i i l;R'S RIGHTS OF
ACCESS, APPURTENANT TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY, IN AND TO THE
ADJACENT STATE HIGHWAY RIGHT-OF-WAY AS DESCRIBED IN DEED RECORDED MARCH 24, 1942 IN
BOOK 1325, PAGE 145 OF OFFICIAL RECORDS OF SAID COUNTY.
IT IS AGREED THAT GRANTOR SHALL HAVE NO ACCESS THERETO SAID STATE HIGHWAY EXCEPT BY
WAY OF THE REALIGNED RIO MARIA ROAD AS SET FOKTH ON EXHIBIT 'B' WHICH IS MADE A PART
IT IS FURTHER AGREED THAT THE TRANSFER OF SAID ABUTTER'S RIGHTS OF ACCESS SHALL TAKE
PLACE ON THE DATE OF ACCEPTANCE AND OPElxFING OF THE REALIGNED RIO MARIA ROAD AS A PUBLIC
ROAD BY TI-IE COUNTY OF SAN DIEGO AND THAT GRANTOR, BEING THE OWNERS OF THE ABOVE
DESCRIBED PROPERTY SHALL RETAIN THE RIGHT OF ACCESS TO SAID STATE HIGHWAY UNTIL SUCH
TIME.
IT IS FLrRTHER AGREED THAT GRANTOR DOES HEREBY GRANT TO THE CITY OF POWAY AND/OR ITS
CONTRACTOR ~ PRIVILEGE AND RIGHT TO CONSTRUCT DRAINAGE FACILITIES, EXCAVATION SLOPES
AND EMBANKMENT SLOPES ON THE ABOVE DESCRIBED LANDS WHERE REQUI~ED FOR THE
CONSTRUCTION OF THE REPLACEMENT ACCESS DRIVEWAY AS SET FORTH ON EXYII~IT 'B' WHICH IS
MADE A PART HEREIN.
SD-P75 -202-02/SPPEXHA.DOC/erm/RSP/012795
SCALE:
Resolution No. 95-010
Paee 5
(SSg'O6'15 E: a,32.00' PM 14.377)/~ ~ Ex, 12 31
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ACCESS RIGHTS
REUNQUISHED HEREON
IP
436.65' 1.62' PM 71
ACCESS TO
PUBUC RIGHT-OF--WAY
WlTlqlN
EXISTING RIO MARIA
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-- :{10 MARIA RD.
N88'46'49' W 873.20'
(NSg'O6'15"W 873.15' PM 14377)
(N89'O(~'lS'W 873.23' PM 7118)
~N
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F.O RF,.AUGNED
RIO MARIA ROAD TO BE
r-DEDICATE:D TO THE COUNTY
OF,SAN DIEGO FOR PUBLIC
ROAD\PURPOSES
I I I II I I I ACCESS RIGHTS REUNQUISHED,
7808 Convoy Court Suite 200
Sen Diego, Celifo.r, nla 92111
T~lephon~ 619/2{58-8080
CITY OF POWAY
EXHIBIT "B"
TAX PAR. NO. 324-010-70
ACCESS, PARCEL 1, PNI 14377
SHEET 1 OF 1