Res 95-021RF_SOLUTION NO. 95-021
'RESOLUTION OF THE CITY OF POWAY
FINDING AND DETERMINING THE NECESSITY
THAT CERTAIN PROPERTY BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATI~ORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE.
(Thomas: APN 314-650-26)
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 is for roadway purposes, together with all appurtenances to render said improvement
complete and workable, for the Midland Road Sewer Easement Project - Phase I project, 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 said
eminent domain proceedings is set forth in the descriptions of said property attached hereto as
Exhibit "A", and by this reference incorporated herein the same as if set out in full.
SECTION 4: That the interest to be taken in said property is a right of way for public
sewer and construction.
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;
The Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private
injury;
(c)
The property described in this resolution is necessary for the
Project;
(d) The offer required by Section 7267.2 of the Government Code has
--' been made to the owners of record.
RESOLUTION NO. 95-021
Page Two
SECTION 6: That in accordance with the 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 he 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 the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California at a regular meeting thereof this 18th day of Apri 1 , 1995.
DON HIGGI~or
ATrF_,ST:
MARJOR~E K. WAHLSTEN, City Clerk
Resolution No. 95- 021
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- 021 was duly adopted by the City Council at a meeting of said City Council
hel~ the 18th day of April, 1995, and that it was so adopted by the
following vote:
AYES: CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: CAFAGNA
ABSENT: NONE
Marjorie~K. Wahlsten, City Clerk
City of P'oway
Resolution 95-021
EXHIBIT
LEGAL -DESCRIPTION
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Resolution 95-021
Page 6
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that portion of the North 500.00 feet of the West 480.00 feet of the
South 23 Acres of the Northeast Quarter of the Southeast Quarter of Section 1, Township 14
South,. Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State
of California, according to United States Government Survey ap~oved September 11, 1879,
that lies within the following described strip of land:
A 20.00 foot wide snip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Commencing at the Northwest corner of Parcel 1 of Parcel Map No. 11020 fried in the Office of
the County Recorder of said County on February 26, 1981; thence along the North line of said
Parcel 1 South 88°42'13' East, 342.16 feet to the beginning of the herein described centerline;
thence leaving said North line along said centerline North 24°12'00' East, 300.00 feet; thence
North 20°53'00' East, 33.52 feet to the West line of Parcel 1 of Parcel Map No. 10528, filed in
the Office of the County Recorder of said County on October 2, 1980, said point bears South
0°20'35' East, 188.83 feet from the Northwest corne¥ of said Parcel 1.
The sidelines of said 20.00 foot snip of land are to be lengthened or shortened to begin in the
North line of Parcel 1 of Parcel Map No. 11020 and tei,.inate in the West line of ~arcel 1 of
Parcel Map No. 10525.
EXHIBIT