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Item 8 - Resolution of Necessity of City Eminent Domain - -- 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 - ACTION: -- - 1 of 8 FEB 28 1995 If EM. 8 - 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 2 of 8 hoB ~ U 1995 IIt:M tS )) \ I - - 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. 3 of 8 fEB 28 1995 IlEM 8 ',. 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 ### at FEB 2 8 1995 ITEM 8 '., 4 of 8 - 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. -- .. 5 of 8 FEB 2 ß 1995 ITEM- 8 \ "," m,]<, >. ,-- , 2; ¡ a~ ,¡ o. ~: f~ ~ U êL " ¡ II; " - . 'I ¡ '! Hã j¡. ' 1":"1 -.3 , , ! IF ;5~ ¡¡ I, ¡ i...j ~:.. ¡!!;:¡ì!j¡~ I" ; iI!;; : --¡'¡¡ ~ ¡u¡ , ja::... ~ I I" " , : " ~ = : ::: !I' " , " , " Ïi . I ! j ! ¡ ~,. ~"'" 0 I , . 6 of 8 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 7 of 8 FEB 28 1995 ITEM 8 ,I 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 .. 8 of 8 rES 28 1995 ITEM 8