Res 95-012RESOLUTION NO. 95-012
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.
(Fisher Enterprises -- APN 324-011-14 -- 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 interests to be taken in said property
are 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 a right-of-way for the
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. 95-012
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 interests 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.
D GGINSON, M~q~DR
ATTEST:
Resolution No. 95- 012
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- 012 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:
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
CAFAGNA, CALLERY, REXFORD, HIGGINSON
Marjor~e~. Wahlsten, City Clerk
City of~ay
Resolution No. 95-012
Page 4
PARCEL 07; FEE ACQUISITION - HIGHWAY 67
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 9261 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON OCTOBER 18, 1979, AS FILE NO. 79-437380, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4" IRON PIPE WITH DISC STAMPED RCE 23909 FOUND AT THE SOUTHEAST CORNER OF
PARCEL 4, SAID POINT BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGH-WAY
XI-SD-198-H AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 1325, PAGE 145
OF THE OFFICIAL RECORD; THENCE NORTH 88°46'49" WEST, A DISTANCE OF 93.50 FEET ALONG THE
SOUTHERLY LINE OF SAID PARCEL 4; THENCE NORTH 28009'00" WEST, A DISTANCE OF 164.31 FEET;
THENCE NORTH 23°44'49" WEST, A DISTANCE OF 490.52 FEET; THENCE NORTH 11°02'30'' WEST, A
DISTANCE OF 151.58 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL 4 AND THE WESTERLY
LINE OF SAID RIGHT-OF-WAY; THENCE SOUTH 28°05'52" EAST A DISTANCE OF 884.10 FEET ALONG THE
EASTERLY LINE OF SAID PARCEL 4 AND THE WESTERLY LINE OF SAID RIGHT-OF-WAY TO THE POINT OF
BEGINNING.
CONTAINING 1.13 ACRES, MORE OR LESS.
THIS CONVEYANCE IS MADE FOR THE PURPOSE OF HIGHWAY WIDENING AND THE GRANTOR HEREBY
RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTEER'S RIGHTS INCLUDING ACCESS
RIGHTS APPURTENANT TO GRANTOR'S REMAINING PROPERTY IN AND TO SAID HIGHWAY ALONG THE
SOUTHERLY 258.81 FEET OF THE EAST LINE OF THE REMAINING PROPERTY IN SAID PARCEL 4 OF PARCEL
,, MAP 9261.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE BASED ON THE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OE 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE
BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND SAN DIEGO GPS 32," I.E.,
NORTH 01°20'33'' .3 WEST. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00008668
(BASED ON CALTRANS 67-13.38 CONTROL MONUMENT) TO OBTAIN GROUND LEVEL DISTANCES.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE: .~~/~..~ ....... ~
SD-P75-202-02/LDSPP07.DOC/¢nn/RSP/012795
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Resolution No. 95-012
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CENTER OF SECTION
FO STONE 30"X1E'X12"
PER LS 71
SEE PM 9261,8055
2265, 3445
\
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EXI~ING 60'
FOR INGRESS AND EGRESS
BY CERTIFICATE OF COMPLI~CE
RECOROED SEPT, ~ 1979
AS F/P NO. 79-3700810.R.
/
\ \
..___/~ EXISTING OPEN SPACE
EASEMENT GRANTED TO THE~
COUNT~ OF SAN DIEGO ON
10/10/7g AS F P NO.
\ 79-423276 BO~Kt 1979, O.R.
(~03'0Z,5~.~
32~-0t ~°~'~:e ~ *.o~. ~
~06 9t0.96' M 926~) FD
FEE ACQUISITION ~
ACCESS R O,TS REL, N U S,E ,EREO,.
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BO¥1-E EnoInEEFIInO
COFIPOFIFI'rlon
7808 Convoy Court Suite 200
Son Diego, Cdifornio 92111
Telephone 619/268-8080
CITY OF POWAY
EXHIBIT "B"
TAX PAR. NO. 524-011-14
SR-67
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