Item 9 - 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. Banks (;76
DATE: FebruaryAB, 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.
(King -- APN 324-010-70 -- Partial Taking)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 57.58 lineal feet of property located on the east side of State
Route 67, north 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
~cquire the n:w- right-of-way for construction of the Scripps Poway Parkway East
Improvements.
ACTION:
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1 of 8 FEB 28 1995 ITEM 9
~ AGENDA REPOh...1
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bower~
INITIATED BY: Stephen M. Eckis, City Atto~
Carol T. Banks
DATE: February,18, 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.
(King -- APN 324-010-70 -- Partial 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 57.58 lineal feet of unimproved land
owned by Stephen P. King and Marjorie L. King, is part of a 8.61 acre parcel located east of
State Route 67 and north 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 the intersection of State Route 67 and Rio Maria Road. Acquisition of right-of-
way access rights along State Route 67 is necessary to complete construction of the Scripps
ACTION: I
2 of 8 rco D 0 I~~J I ~m ~ j
Poway Parkway East improvements. This taking would effect the existing Rio Maria Road
- connection to State Route 67. However, since Rio Maria Road wi!! be realigned as part of
the Parkway project, the realigned Rio Maria Road wi!! serve the remainder of the subject
property.
An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $100 for the right-of-way access rights 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 wi!! 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 wi!! 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) ThM'perty described in the attached Resolution of Necessity is necessary for
the proposed projecÇand
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
3 of 8 FEB 2 ß 1995 ITEM ~
ENVIRONMENTAL REVIEW:
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.
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 the right-of-way access.
Attachments: legal description, map
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4 of 8 FEB 28 1995 ITEM 9 ,I
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03-146413
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP 14377, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 18,1986
AS FILE NO. 86-298628 OF OFFICIAL RECORDS.
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REUNQUISHED HEREON i~l~ ~~~i;%R~AYMARIA
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PROPOSED REALIGNED P '~ '"
RIO MARIA ROAD TO BE , ~", /
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I I I I I I I I ACCESS RIGHTS REUNQUISHED, FEB 2!J 1995 ITEM 9
BOYLE EnGinEERinG CITY OF POWAY TAX PAR. NO. 324-010-70
CORI'ORRTIOn
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60f8 ornia92111 EXHIBIT"8" SHEET10F1
168-8080 '"
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.
(King -- APN 324-010-70 -- 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 interest to be taken in said property is
a right-of-way access 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 1 pacts to private property;
(c) The property described in this Resolution is necessary
for the project in order to provide access rights for the
public roadway; 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 FEa 28 1995
ITEM 9
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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8 of 8 FEB 28 1995 ITEM 9 'I
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(( E f J...¡:¡ (!;;;- mE NT
- EXHIBIT 'A' fl/1 G- é-
I (WE), STEPHEN P KING AND MARJORIE L KING HUSBAND AND WIFE AS JOINT TENANTS, BEING
HEREINAFTER CALLED GRANTOR, BEING THE OWNER(S) OF THE REAL PROPERTY IN THE COUNTY OF
SAN DIEGO, ST A IE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL I OF PARCEL MAP 14377, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
SAID PARCEL MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY
18, 1986 AS FILE NO. 86-298628 OF OFFICIAL RECORDS.
DO HEREBY RELEASE AND RELINQUISH TO THE CITY OF POW A Y, ANY AND ALL ABUTIER'S RIGHTS OF
ACCESS, APPURTENANT TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY, IN AND TO THE
ADJACENT STATE HIGHWAY RIGHT-OF- WAY AS DESCRIBED IN DEED RECORDED MARCH 24, 1942 IN
BOOK 1325, PAGE 145 OF OFFICIAL RECORDS OF SAID COUNTY.
IT IS AGREED THAT GRANTOR SHALL HAVE NO ACCESS THERETO SAID STATE HIGHWAY EXCEPT BY
WAY OF THE REALIGNED RIO MARIA ROAD AS SET FORTH ON EXHIBIT 'B' WHICH IS MADE A PART
HEREIN.
IT IS FURTHER AGREED THAT THE TRANSFER OF SAID ABUITER'S RIGHTS OF ACCESS SHALL TAKE
PLACE ON THE DATE OF ACCEPTANCE AND OPENING OF THE REALIGNED RIO MARIA ROAD AS A PUBLIC
ROAD BY THE COUNTY OF SAN DIEGO AND THAT GRANTOR, BEING THE OWNERS OF THE ABOVE
- DESCRIBED PROPERTY SHALL RETAIN THE RIGHT OF ACCESS TO SAID STA IE HIGHWAY UNTIL SUCH
TIME.
IT IS FURTHER AGREED THAT GRANTOR DOES HEREBY GRANT TO THE CITY OF POW A Y AND/OR ITS
CONTRACTOR THE PRIVILEGE AND RIGHT TO CONSTRUCT DRAINAGE FACILITIES, EXCA VA TION SLOPES
AND EMBANKMENT SLOPES ON THE ABOVE DESCRIBED LANDS WHERE REQUIRED FOR THE
CONSTRUCTION OF THE REPLACEMENT ACCESS DRIVEWAY AS SET FORTH ON EXHIBIT 'B' WHICH IS
MADE A PART HEREIN.
SD. P7 5.202-Q2ISPPEXHA.DOCIenn/RSP /012795
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San DieQa, California 92111 SHEET 1 OF 1
6 of 8 619/268-8080