Res 95-014RESOLUTION NO. 95-014
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.
(Point Loma Nazarene College/Salisbury -- APN 323-110-28 -- 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 in fee simple for public roadway purposes and
permanent easements for slope and drainage 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, as the roadway will traverse the property;
and
(d) The offer required by Section 7267.2 of the Government
Code has been made to the property owner(s) of record.
Resolution No. 95-014
Page 2
SECTION 6: That in accordance with Code of Civil Procedure
Section 1245.235, each person whose property is to be acquired by
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.
ATTEST:
Resolution No. 95- 014
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- 014 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:
AY ES:
CAFAGNA, CALLERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
rjori~e ~. Wahlsten, City Clerk
City off,Way
_Resolution No. 95-014
~ge 4
EXTHRIT "A"
PARCEL 18; FEE ACQUISITION - SCRIPPS POWAY PARKWAY
A STRIP OF LAND 124.00 FEET IN WIDTH LYING 'qffITHIN A PORTION OF THE NORTHWEST QUARTER OF ~
NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE CENTERLINE OF SAID 124-FOOT
WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00°15'03" WEST
ALONG THE WEST LINE OF SAID SECTION 21 A DISTANCE OF 269.84 FEET TO THE POINT OF BEGINNING,
OF SAID CENTERLINE, SAID POINT BEING ON A 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL TO SAID POINT BEARS SOUTH 09°06'08" EAST; THENCE EASTERLY ALONG SAID CURVE A
DISTANCE OF 299.33 FEET THROUGH A CENTRAL ANGLE OF 05°43'00" TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING EASTERLY AND NORTHEASTERLY ALONG SAID 3,000-
FOOT RADIUS CURVE A DISTANCE OF 324.21 FEET THROUGH A CENTRAL ANGLE OF 6° 1 I'3 l" TO A POINT
ON THE WESTERLY LINE OF PARCEL 4 OF PARCEL MAP 5730; SAID POINT BEING SOUTH 00°17'01'' WEST
AND DISTANT 101.82 FEET FROM THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP 5730; SAID
POINT ALSO BEING THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 124-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE WESTERLY IN THE WEST LINE OF SAID SECTION 21 AND EASTERLY IN THE WEST LINE OF
PARCEL 4 OF PARCEL MAP 5730.
CONTAINING 1.78 ACRES MORE OR LESS.
SLOPE EASEMENT - SCRIPPS POWAY PARKWAY
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24,
1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00015'03'' WEST ALONG
~ WEST LINE OF SAID SECTION 21 A DISTANCE OF 206.98 FEET TO A POINT ON A 2,938.00-FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 09°18'05' EAST; THENCE
EASTERLY AND NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 624.60 FEET THROUGH A
CENTRAL ANGLE OF 12°10'51" TO A POINT ON THE WEST LINE OF PARCEL 4 OF PARCEL MAP 5730;
THENCE NORTH 00°17'01' EAST ALONG SAID WEST LINE A DISTANCE OF 35.17 FEET TO A POINT ON THE
NORTH LINE OF SAID SECTION 21; THENCE NORTH 89023'24" WEST ALONG SAID NORTH LINE A DISTANCE
OF 600.26 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.83 ACRES MORE OR LESS.
PAGE 1 OF 3
Resolution No. 95-014
Page 5
SLOPE EASEMENT - SCRIPPS POWAY PARKWAY
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24,
1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 00015'03'' WEST
ALONG THE WEST LllqE OF SAID SECTION 21 A DISTANCE OF 332.66 FEET TO THE POINT OF BEGINNING;
SAID POINT BEING ON A 3,062.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; A RADIAL TO SAID POINT
BEARS SOUTH 08°54'40'' EAST; THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE A
DISTANCE OF 622.54 FEET THROUGH A CENTRAL ANGLE OF I l°38'56'' TO A POINT ON THE WEST LINE OF
PARCEL 4 OF PARCEL MAP 5730; THENCE SOUTH 00°17'01" WEST ALONG SAID WEST LINE A DISTANCE OF
113.53 FEET; THENCE LEAVING SAID WEST LINE SOUTH 55056' 16" WEST A DISTANCE OF 80.43 FEET;
THENCE SOUTH 60° 16'50" WEST A DISTANCE OF 175.19 FEET; TI-IENCE NORTH 80°03'18" WEST A DISTANCE
OF 373.58 FEET; THENCE SOUTH 30034, 15" WEST A DISTANCE OF 27.45 FEET TO A POINT ON TI-IE WEST LINE
OF SAID SECTION 21; THENCE NORTH 00°15'03'' EAST ALONG SAID WEST.LINE A DISTANCE OF 46.51 FEET
TO ~ POINT OF BEGINNING.
CONTAINING 1.54 ACRES MORE OR LESS.
DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN TH~ NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T6 THE UNITED STATES
GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP
OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE HEREIN AFOREMENTIONED POINT "A"; THENCE NORTH 22040'39'' WEST A
DISTANCE OF 62.60 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING
NORTH 22040'39'' WEST A DISTANCE OF 160.32 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 21,
SAID POINT ALSO BEING THE TERM]lXRJS OF SAID CENTERLINE.
THE SIDELINES OF SAID 20-FOOT WiDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH LINE AND SOUTH LINES RESPECTIVELY~ADF
THE HEREIN AFORESAID PARCEL 18.
CONTAINING 0.07 ACRES MORE OR LESS.
DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, THE CENTfiRLINE OF SAID 20-FOOT WIDE STRIP
OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE 2 OF 3
Resolution No. 95-014
Page 6
COMMENCING AT TIdE HEREIN AFOREMENTIONED POINT "A"; THENCE SOUTH 22°40'39" EAST A
DISTANCE OF 62.58 FEET TO THE POINT OF BEGINNING OF SAID CENTER.LINE; THENCE CONTINUING
SOUTH 22040'39'' EAST A DISTANCE OF 167.41 FEET TO THE TERMINUS OF SAID CEN'I~RLINE.
THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE NORTHERLY AND SOUTHERLY IN THE NORTH AND SOUTH LINES RESPECTIVELY, OF THE
HEREIN AFOREMENTIONED PARCEL 18-2.
CONTAINING 0.08 ACRES MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE BASED ON TIffE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OF 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 1.00005841 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.
SD-P75-202-~2/LDPOW 18.DOC/cap/RG/021095
PAGE 3 OF 3
Resolution No. 95-014
--P,.a ~e 7
17
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O 0 DRAINAGE EASEMENT
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CORPOFIFITIOn
7808 Convoy Court Suite 200
Son Diego, Colifornio 92111
Telephone 619/258-8080
CITY OF POWAY
EXHIBIT "B"
TAX PAR. NO. 32.3-110-28
SCRIPPS POWAY PKWY