Res 95-016RESOLUTION NO. 95-016
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.
(Tech Business Center -- APNs 323-090-65, 323-091-03 -- 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 Exhibits "A" and
"B" and are 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
and a permanent utility easement;
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. 95-016
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,
D(~N HIGGINSON~ ~
ATTEST:
MARJORiE~K. WAHLSTEN, CITY CLERK
Resolution No. 95- 016
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- 016 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
Marjorie 1~. Wahlsten, City Clerk
City of~Poway
Resolution No. 95-016
Page 4
EXI~HRIT "A"
FEE PARCEL FOR PUBLIC RIGHT-OF-WAY; SCRIPPS POWAY PARKWAY
A PORTION OF LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL GOVERNMENT PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE MOST
SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556 ON
FEBRUARY 8, 1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO THE
NORTHEAST CORNER OF SAID LOT 4 IN SECTION 19; THENCE LEAVING SAID NORTHERLY LINE SOUTH
00015' 25" WEST ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 53.56 FEET; THENCE NORTH
88°19'00" WEST, A DISTANCE OF 484.92 FEET TO THE EAST LINE OF AN EASEMENT GRANTED TO THE CITY
OF POWAY FOR PUBLIC RIGHT-OF-WAY RECORDED ON AUGUST 25, 1993, AS FILE NO. 1993-0554187 OF THE
OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 01°40'41'' EAST ALONG SAID EAST LINE OF SAID'
EASEMENT, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.59 ACRES, MORE OR LESS.
EASEMENT FOR PUBLIC UTILITIES; SCRIPPS POWAY PARKWAY
A STRIP OF LAND 10 FEET IN WIDTH LYING IN LOT 4 IN SECTION 19, TOWNSI-IIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556
ON FEBRUARY 8, 1990, AS FILE NO. 90-072267 IN THE OFFICE OF TH]~ RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59
FEET TO THE NORTHEAST CORNER OF SAID LOT 4 IN SECTION 19; THENCE LEAVING SAID NORTHERLY
LINE SOUTH 00o15'25'' WEST ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 53.56 FEET TO THE
POller OF BEGINNING; THENCE NORTH 88° 19' 00' WEST, A DISTANCE OF 484.92 FEET; THENCE NORTH
89019' 19" WEST, A DISTANCE OF 132.49 FEET TO THE EASTERLY LINE OF AN EASEMENT GRANTED TO THE
CITY OF POWAY FOR PUBLIC UTILITIES RECORDED OIq AUGUST 25, 1993, AS FILE NUMBER 1993-0554185 OF
THE OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 01° 40' 41" WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 88° 19' 19" EAST, A DISTANCE OF 132.48 FEET; THENCE SOUTH 88° 19' 00' EAST, A
DISTANCE OF 485.17 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE NORTH 00° 15' 25" EAST, A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.14 ACRES, MORE OR LESS.
FEE ACQUISITION - SCRIPPS POWAY PARKWAY
A PORTION OF PARCEL 1, PARCEL 2, AND PARCEL 3 OF PARCEL MAP 5750, FILED ON MARCH 31, 1977 IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AS FILE NO. 77-118268, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE I OF 3
Resolution No. 95-016
Page 5
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO.. 12556
ON FEBRUARY 8, 1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF LOT 4, OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST,
SAN BEKNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF,
SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO ~ NORTHEAST CORNER OF SAID LOT 4, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 5750, SAID CORNER BEING
THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF PARCEL MAP 5750 SOUTH
88°20'03'' EAST (RECORD SOUTH 88018'50" EAST PER PARCEL MAP 5750), A DISTANCE OF 760.17 FEET TO A
POINT OF CUSP ON A NON-TANGENT 2,053.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO
SAID POINT BEARS SOUTH 1 l°27'27" EAST; THENCE LEAVING SAID NORTH LINE AND WESTERLY ALONG
SAID CURVE A DISTANCE OF 470.97 FEET THROUGH A CENTRAL ANGLE OF 13°08'27"; THENCE TANGENT
TO SAID CURVE NORTH 88019'00" WEST, A DISTANCE OF 291.97 FEET TO WEST LINE OF PARCEL 1 OF SAID
PARCEL MAP 5750; THENCE ALONG SAID WEST LINE NORTH 00015'25" EAST (RECORD NORTH 00015'46"
EAST PER PARCEL MAP 5750), A DISTANCE OF 53.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.74 ACRES, MORE OR LESS.
PARCELS 25-1.26-1. & 27-I; EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY
A PORTION OF PARCEL 1, PARCEL 2, AND PARCEL 3 OF PARCEL MAP 5_750, FILED ON MARCH 31, 1977 IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTy, AS FILE NO. 7%118268, IN THE CITy OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556 .
ON FEBRUARY 8, 1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF LOT 4, OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF,
SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO THE NORTHEAST CORNER OF SAID LOT 4, SAID
CORNER ALSO BEING ~ NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 5750; THENCE ALONG THE
NORTHERLY LINE OF PARCEL MAP 5750 SOUTH 88°20'03' EAST (RECORD SOUTH 88o18'50" EAST PER
PARCEL MAP 5750), A DISTANCE OF 760.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG THE NORTHERLY LINE OF PARCEL MAP 5750 SOUTH 88°20'03' EAST, A DISTANCE OF 42.24 FEET TO
A POINT OF CUSP ON A NON-TANGENT 2,063.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL
TO SAID POINT BEARS SOUTH 12o36'00" EAST; THENCE LEAVING SAID NORTH LINE AND WESTERLY
ALONG SAID CURVE A ~ISTANCE OF 514.41 FEET THROUGH A CENTRAL ANGLE OF 14°17'00"; THENCE
TANGENT TO SAID CURVE NORTH 88o19'00" WEST, A DISTANCE OF 291.72 FEET TO WEST LINE OF PARCEL
1 OF SAID PARCEL MAP 5750; THENCE ALONG SAID WEST LINE NORTH 00o15'25" EAST (RECORD NORTH
00° 15'46" EAST PER PARCEL MAP 5750), A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTH LINE OF
THE AFORESAID PARCELS 25, 26 AND 27; THENCE ALONG SAID SOUTH LINE, SOUTH 88°19'00" EAST, A
DISTANCE OF 291.97 FEET TO THE BEGINNING OF A TANGENT 2,053.50 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 470.97 FEET THROUGH A CENTRAL
ANGLE OF 13°08'27'' TO THE POINT OF BEGINNING.
CONTAINING 0.18 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE
PAGE 2 OF 3
Resolution No. 95-016
Page 6
BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND "SAN DIEGO GPS32", I.E.:
NORTH 01° 20' 33".3 WEST. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00005848
TO OBTAIN GROUND LEVEL DISTANCES.
CONFORMANCE.~. _THE?~AL LAND
SIGNATURE: /-
SD-P75-202-02/LDPOW28.DOC/RSP/cap/010995
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
SURVEYORS ACT.
PAGE 3 OF 3
Resolution No. 95-016
PagP 7
BC)WAY TRACT 1t7-13 ~ 1]
__[/_2~r S]ZI2P] P~WAY PARKWAY
III -~v,~n 1n, ¢&~rMCNT Tn TH¢ EXISTING ~EMENT TO HE
PURPOSES REC AUG. 25, 1993
~ AS FILE N0.1993-0554185 O.R. AS FILE No. lgg3-0554187
II - LOT 4, SEC. 19,
~ll
~11
~l ~XISTING 12' ~SEMENT TO
z ll~ SDG~E FOR PUSUC UTILIW
~ ~ REC SEPT. 8, 19~0 · SCALE:
iii
II
~ 0.59 AC
FEE ACOUISIIION~
~ 0.14 AC
GENERAL UTILI~ EASEMENT ~
(1493.72' pM 5750)
~~ ~ 149&68'
3~ (S8~15'21'~ 2688.69' PM 5750)
BOYLE EnoIrlEEFIIrlG
7808 Convoy Court Suite 200
Son Diego, Colifornio 92111
Tc, l~nhnn~ 61 g/268--8080
CIT~ OF POWAY
EXHIBIT "B"
TAX PAR. NO. 323-090-68
SCRIPPS POWAY PKWY
SHEET ~ OF 1
0.74 AC
FEE ACQUISITION ~-----'~'~?~.~
0.18 AC
GENERAL UTILITY EASEMENT
~ 1/4 @F
SW 1/4 OF
SECT~[ON 19~
/
T14$,R1W~
/
$.B.M.
~ (..'ORNER I,:.120.96.~
L@? 3,
SEC. 19, T14S, l~lW
Resolution No. 95-016
Pgge g
APN 323~09~0j
AP/V 323~090~,~9
(NO ~ .~
Exp. 12-31-95
No. 6641
IA
CORNER
NO. 0ELTA/BEARING RADIUS LENGTH
L1 N01'02'54"E 28.94'
L2 N01'02'54" E 53.57'
L3 N00' 15'25" E 53.56'
L4 N88'20'03"W 151.95'
C1 A=04'13'45" 205,.3.50' 151.58'
C2 A=08'25'38" 2053.50' 302.03'
C3 A=0(729'04" 205,.3.50' 17.37'
BO¥1..E EnGInEEFIInG
COFIPOFIFIT'IOI'I
7808 Convoy Court Suite 200
Son Diego, Colifornlo 92111
Telephone 619/268-8080
CITY OF P0WAY
EXHIBIT "B"
TAX PAR. NO. 323-090-46,47,48
SCRIPPS POWAY PKWY
SHEET 1 OF 1