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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 PAGE I OF 1 Resolution No. 95-012 Page 5 ~oDpEN ? ~C~~ 3 ! CENTER OF SECTION FO STONE 30"X1E'X12" PER LS 71 SEE PM 9261,8055 2265, 3445 \ \ \ 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,. I I I I I I I 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 SHEET 1 OF 1