Item 8 - Resolution of Necessity of City Eminent Domain
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AGENDA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. BanksC1ß
DATE: FebruarylS, 1995
SUBJECT: Resolution of Necessity of the City of Poway, California, Finding and
Determining the Necessity that Certain Property be Acquired Under
Eminent Domain Proceedings; Directing the City Attorney to
Commence a Court Action for Said Purpose.
(Schreiber - APN 324-070-04 - Full Taking)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that 4 acres located on the east side of State Route 67, south of Rio Maria
Road, in the County of San Diego, be acquired under eminent domain proceedings for the
construction of the Scripps Poway Parkway East improvements.
ENVIRONMENTAL REVIEW: The Poway City Council certified the Final
,- Environmental Impact Report for the Scripps Poway Project East on February 8, 1994.
FISCAL IMPACT: Funds for this project have been budgeted with the overall
improvement program for Scripps Poway Parkway East. '
ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE:
Notices of public hearing were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
RECOMMENDATION: Staff recommends that the City Council make the appropriate
findings and adopt the attached Resolution of Necessity directing the City Attorney to
acquire the necessary right-of-way for construction of the Scripps Poway Parkway East
Improvements. _.>ooc
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ACTION: --
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- AGENDA REPORr-
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowe~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
DATE: FebruaryZS, 1995
SUBJECT: Resolution of Necessity of the City of Poway, California, Finding and
Determining the Necessity that Certain Property be Acquired Under
Eminent Domain Proceedings; Directing the City Attorney to
Commence a Court Action for Said Purpose.
(Schreiber - APN 324-070-04 - Full Taking)
BACKGROUND:
The City Council approved the Scripps Poway Parkway East project in 1991 and
certified the Final Environmental Impact Report for the project in 1994. The Parkway will
connect Interstate 15 with State Route 67, just south of the existing Rio Maria Road. The
Parkway is expected to alleviate traffic congestion on Poway Road, provide access to
Interstate 15 for westbound commuters and ensure better freeway access to and from
Poway's industrial parks. The improved portion of the Parkway currently ends near the
eastern loop of Stowe Drive, about three miles west of State Route 67. Roadway alignment
studies are on file and have been reviewed previously by the City Council to assure that the
Roadway is located in such a manner most compatible with both the public interest and the
least injury to private property
The property to be acquired, approximately 4.0 acres of unimproved land owned by
Doris Schreiber, is located east of State Route 67 and south of Rio Maria Road in the County
of San Diego. On January 10, 1995, the County Board of Supervisors granted the City of
Poway the right to acquire rights of way and easements within the County for the Parkway.
As Exhibit "A" shows, the subject property is located at the eastern terminus of the
Parkway, at th~tion of State Route 67 and Rio Maria Road. The Parkway will
require rea1ignm t f the existing Rio Maria Road approximately 200 feet south. Because
the realignment wilrtraverse the subject property, a full taking of a right-of-way in the
property is necessary to complete the project.
ACTION: l
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An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $60,000 for the right-of-way in fee simple. An offer to purchase was made
to the property owner pursuant to Government Code Section 7267.2. A notice of public
hearing was sent to the property owner pursuant to Code of Civil Procedure 1245.235.
In order to acquire this parcel through eminent domain, the City Council must find that:
(a) The public interest and necessity require said proposed project;
(b) Said proposed 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 the attached Resolution of Necessity is necessary for
the proposed project; and
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
The attached Resolution of Necessity authorizes the City Attorney to pursue
condemnation proceedings in the Superior Court of the State of California.
FINDINGS:
(a) The public interest and necessity require said proposed project, as the Scripps
- Poway Parkway is necessary for the orderly and improved flow of traffic;
(b) Said proposed 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 the attached Resolution of Necessity is necessary for
the proposed project; and
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
ENVIRONME~VIEW:
No further environmental review is necessary. The Final Environmental Impact
Report was certified on February 8, 1994.
FISCAL IMPACT:
The appraised value is within the budget for the Parkway project. Funds already are
set aside for the acquisition and construction of the Parkway.
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ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE:
Notices of public hearing were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
RECOMMENDATION:
Staff recommends:
1. That the City Council close the public hearing and adopt the attached
Resolution of Necessity;
2. That the City Council direct the City Attorney to initiate the legal proceedings
necessary to acquire a right-of-way for road purposes.
Attachments: legal description, map
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- EXHIBIT "A" -
03-144685
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 4 OF PARCEL MAP NO. 7118, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 6, 1978 AS FILE NO. 78-136522 OF
OFFICIAL RECORDS.
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RESOLUTION NO,
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.
(Schreiber -- APN 324-070-04 -- Full 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 is a public roadway for the
improvements associated with the easterly extension of Scripps
poway Parkway to State Route 67, in or near the City of Poway.
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 interest to be taken in said property is
a right-of-way 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
toPOgr_al lines that reduce costs, grading, and other
advers acts to private property;
(c) The property described in this Resolution is necessary
for the Project in order to complete realignment of Rio Maria
Road to connect with the Parkway; 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
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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 interest 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 28th day of
February, 1995.
MAYOR
ATTEST:
MARJORIE K. WAHLSTEN, CITY CLERK
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