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Item 10 - 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. Ec1ris, City Attorney Carol T. Banks c:1.~ DATE: February28, 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. (poway FTC 142 Limited Partnership -- APNs 324-070-03, 324-011-03 -- Partial Takings) ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of Necessity that approximately 8.89 acres of undeveloped property for roadway purposes and 13.74 acres of undeveloped for slope and drainage easements, located south of the Parkway and west State Route 67, 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. ~: Staff recommends that the City Council make the appropriate findings and a he attached Resolution of Necessity directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East Improvements. ACTION: - 1 of 15 FEB 28 1995 ITEM- 10 ,i ~ AGENDA REPOR"" TO: Honorable Mfy~rXd<u'em~3s~Ah~ City Council FROM: James L. Bowe~ INITIATED BY: Stephen M. Eckis, City Attorney Carol T. Banks, Assistant City Attorney DATE: February 8, 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. (poway FTC 142 Limited Partnership -- APNs 324-070-03, 324-011-03 -- Partial Takings) BACKGROUND: The City Council approved the Scripps Poway Parkway East project in 1991 and 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 22.63 acres of unimproved land owned by Poway FTC 142 Limited Partnership, is located on two parcels with a combined acreage of 142.69 located west of State Route 67 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 EXhiK" and "B" show, the subject parcels are located southwest of the eastern terminus .. e Parkway. The Parkway will traverse both parcels. A taking of 8.89 acres as a right-of-way is necessary to construct Parkway improvements through both parcels. A taking of 13.74 acres is necessary for slope and drainage easements appurtenant to the Parkway. ACTION: FEB 2 8 1995 ITEM 10 I)) 2 of 15 An appraisal prepared by a competent, independent appraiser indicates that total just compensation is $255,100 for the purchase of a right-of-way in fee simple and easements. 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) ~r required by Government Code Section 7267.2 has been made to the owners of recor . 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. 3 of 15 FEe 28 1995 ITEM- 10 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 road right-of-way and the easements in perpetuity for slope and drainage. Attachments: legal descriptions, maps Letter from property owner's attorney ### at 4 of 15 FEB 2 8 1995 ITEM 10 . I - EXHIBIT "A" PARCEL 06; FEE ACQUISITION - SCRIPPS POWAY PARKWAY /HIGHWAY 67 A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 15; THENCE SOUTH 00°05'00" WEST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 471.49 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE NORTH 61°51'00" EAST, A DISTANCE OF 344.82 FEET; THENCE NORTH 28°09'00" WEST, A DISTANCE OF 56.21 FEET; THENCE NORTH 31°51'00" EAST, A DISTANCE OF 35.21 FEET; THENCE NORTH 28°09'00" WEST. A DISTANCE OF 255.89 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88°46'49" EAST ALONG SAID NORTH LINE, A DISTANCE OF 93.50 FEET TO A POINT ON THE WESTERLY LINE OF THE 150.00-FOOT RIGHT- OF-WAY OF CALIFORNIA STATE HIGHWAY XI-SD-198-A AND H AS DESCRIBED IN TIlAT CERTAIN FINAL ORDER OF CONDEMNATION UNDER SUPERIOR COURT CASE NO. 107335, RECORDED JUNE 29, 1945, IN BOOK 1886, PAGE 495 OF OFFICIAL RECORDS; THENCE SOUTH 28°05'52" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 787.74 FEET TO THE BEGINNING OF A NON-TANGENT 5.075.00-FOOT RADIUS CURVE CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 61 °56'41" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 307.08 FEET TIlROUGH A CENTRAL ANGLE OF 03°28'01"; THENCE SOUTH 31°32'45" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 454.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 88°59'04" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 35.77 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 34°09'09" WEST, A DISTANCE OF 719.38 FEET; THENCE NORTH 28°09'00" WEST, A DISTANCE OF 329.02 FEET; THENCE NORTH 88°09'00" WEST, A DISTANCE OF 46.52 FEET; THENCE NORTH 28°09'00" WEST, A DISTANCE OF 54.83 FEET; THENCE SOUTH 61°51'00" WEST, A DISTANCE OF 411.40 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15; THENCE NORTH 00°05'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 140.74 FEET TO THE POINT OF BEGINNING. CONTAINING 3.53 ACRES MORE OR LESS. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF HIGHWAY WIDENING AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTIER'S RIGHTS INCLUDING ACCESS RIGHTS APPURTENANT TO GRANTOR'S REMAINING PROPERTY IN AND TO SAID STATE HIGHWAY ALONG THE FOLLOWING COURSES IN THE EAST LINE OF GRANTEE'S REMAINING PROPERTY: NORTH 28°09'00" WEST, 258.89 FEET; NORTH 31°51'00" EAST, 35.21 FEET; NORTH 28°09'00" WEST, 56.21 FEET NORTH 28°09'00" WEST, 54.83 FEET; NORTH 88°09'00" WEST, 46.52 FEET; NORTH 28°09'00" WEST, 329.02 FEET; THE NORTH 161.50 FEET OF THE COURSE NORTH 34°09'09" WEST, 719.38 FEET. PARCEL 06-1; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876. MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 of 15 PAGE 1 OF 2 FEB 28 1995 ITEM 10 COMMENCING AT TIlE CENTER OF SAID SECTION 15; TIlENCE SOUTH 00°05'00" WEST ALONG THE WEST LINE OF TIlE SOUTIlEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 290.22 FEET TO THE POINT OF BEGINNING; TIlENCE CONTINUING SOUTH 00°05'00" WEST ALONG SAID WEST LINE, A DISTANCE OF 181.27 FEET; TIlENCE LEAVING SAID WEST LINE NORTH 61°51 '00" EAST, A DISTANCE OF 344.82 FEET; THENCE NORTH 28°09'00" WEST. A DISTANCE OF 56.21 FEET; TIlENCE NORTH 31°51'00" EAST, A DISTANCE OF 35.21 FEET; THENCE SOUTH 78°22'16" WEST, A DISTANCE OF 302.03 FEET TO TIlE POINT OF BEGINNING. CONTAINING 0.89 ACRES MORE OR LESS. PARCEL 06-2; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF TIlE NORTHWEST QUARTER OF TIlE SOUTIlEAST QUARTER OF SECTION IS, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN TIlE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO TIlE UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T TIlE CENTER OF SAID SECTION IS; TIlENCE SOUTH 00°05'00" WEST ALONG TIlE WEST LINE OF TIlE SOUTIlEAST QUARTER OF SAID SECTION IS, A DISTANCE OF 612.23 FEET TO TIlE POINT OF BEGINNING; TIlENCE CONTINUING SOUTH 00°05'00" WEST ALONG SAID WEST LINE, A DISTANCE OF 101.43 FEET; TIlENCE LEAVING SAID WEST LINE NORTH 64°43'08" EAST, A DISTANCE OF 292.86 FEET; TIlENCE NORTH 49°06'48" EAST, A DISTANCE OF 78.59 FEET; TIlENCE NORTH 58°04'56" EAST, A DISTANCE OF 130.81 FEET; TIlENCE NORTH 88°09'00" WEST, A DISTANCE OF 46.52 FEET; TIlENCE NORTH 28°09'00" WEST, A DISTANCE OF 54.83 FEET; TIlENCE SOUTH 61°51'00" WEST, A DISTANCE OF 411.40 FEET TO TIlE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. TIlE BEARINGS AND DISTANCES USED IN TIlE ABOVE DESCRIPTIONS ARE BASED ON TIlE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE BETWEEN TIlE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND SAN DIEGO GPS 32," I.E., NORTH 01°20'33".3 WEST. MULTIPLY ALL DISTANCES USED IN TIlE ABOVE DESCRIPTION BY 1.00008668 (BASED ON CAL TRANS 67-13.38 CONTROL MONUMENT) TO OBTAIN GROUND LEVEL DISTANCES. 6 of 15 PAGE 2 OF 2 FEB 28 í995 lïEM JO APN 324-011-14 !BN¡mN~FJ8'¡,? PER lS 71 SEE p" 92518055 2265. J445 ' ----------- þ~ ~ þ~ 711Q ~.1 N ! SCALE: "'=200' /' /' /' )1' /\/' :O 1. þ / 10)1' "to ~~ ' P, /'/' ~ .:! /' ~ /' 0 /' \ -/' 00' ¿¡r /g: ~9 ,/ ~~ ð~ :;1;; ~~~> ~~ $/' 6 :;;;0 N'g ;0;" ~g n c::~ 0 b .:. ~ 0 I ~ 3,53 AC z FEE ACQUISITIONCQI) ~ ~ 1,84 AC SLOPE EASEMENT ~ & cQEP ----l---- NO, BEARING LENGTH 11 588'59'04"E B6.71' roRTIONOf a L2 588'46'49"E 9J.50' ...... L3 N88'59'04"W 35.77' SW 1/4 Of L4 NBB'09'00"w 46,52' SIE 1/4 Of :æ¡ L5 528"09'00"E 54.B3' W L6 528'09'00"E 56.2" SIECTION 15 1- L7 N3I'51'00"E 352" - LB N58"04'56"E 1J0BI' 1I'14S,RIW L9 N49'06'4B"E 7B.59' S.1B,M. ::ß g! co BD'rIL.E EnGInEERInG CITY OF POWAY TAX PAR. NO. 324-070-03 "" CDRPDRRTIDn ~ l7808 Convoy Courl. Suite 200 SCRIPPS POWAY PKWY L.o... ~ ~--- r'o¡;¡~rn'io 92111 EXHIBIT "B" 68-8080 SHEET 1 OF L 7 of 15 EXHIBIT "A" PARCEL 08; FEE ACQUISITION - SCRIPPS POWA Y PARKWAY A STRIP OF LAND 124.00 FEET IN WIDTH LYING WITHIN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 124-FOOT WIDE STRIP OF LAND MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 15; THENCE SOUTH 00° OS' 00" WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION IS, A DISTANCE OF 541.86 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 61° 51' 00" WEST A DISTANCE OF 145.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 61 °5 I '00" WEST A DISTANCE OF 387.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 61°51 '00" WEST A DISTANCE OF 195.00 FEET TO A POINT HEREINAFTER REFERRED AS POINT "C"; THENCE CONTINUING SOUTH 61°51 '00" WEST A DISTANCE OF 305.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 61°51'00" WEST A DISTANCE OF 370.74 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 344.28 FEET THROUGH A CENTRAL ANGLE OF 06°34'31" TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION IS, SAID POINT BEING THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 124-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE EASTERLY IN THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AND IN THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 15. CONTAINING 4.97 ACRES MORE OR LESS. PARCEL 08-1; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION IS, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 15; THENCE SOUTH 00°05'00" WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION IS, A DISTANCE OF 290.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°05' 00" WEST ALONG SAID EAST LINE A DISTANCE OF 181.27 FEET; THENCE LEAVING SAID EAST LINE SOUTH 61°51'00" WEST A DISTANCE OF 1436.23 FEET TO THE BEGINNING OF A TANGENT 2.938.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 308.11 FEET THROUGH A CENTRAL ANGLE OF 06°00'3 I" TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 03°29'08" EAST ALONG SAID WEST LINE A DISTANCE OF 74.33 FEET; THENCE LEA VING SAID WEST LINE NORTH 69°28'56" EAST A DISTANCE OF 147.77 FEET; THENCE NORTH 29°56'33" EAST A DISTANCE OF 381.66 FEET; THENCE NORTH 60°00'36" EAST A DISTANCE OF 147.58 FEET; THENCE NORTH 88°13'41" EAST A DISTANCE OF 298.18 FEET; THENCE NORTH 65°07'44" EAST A DISTANCE OF 305.47 PAGE 1 OF4 8 of 15 FEB 28 1995 lïEM- 10 - FEET; THENCE NORTH 52° 58'24" EAST A DISTANCE OF 190.89 FEET; THENCE NORTH 70°37' 12" EAST A DISTANCE OF 118.56 FEET; THENCE NORTH 55°34'16" EAST A DISTANCE OF 295.46 FEET; THENCE NORTH 78°38'03" EAST A DISTANCE OF 1.06 FEET TO THE POINT OF BEGINNING. CONTAINING 6.18 ACRES MORE OR LESS. PARCEL 08-2; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 15; THENCE SOUTH 00°05'00" WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 612.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°05'00" WEST ALONG SAID EAST LINE A DISTANCE OF 101.43 FEET; THENCE LEAVING SAID EAST LINE SOUTH 64°43'08" WEST A DISTANCE OF 46.85 FEET; THENCE SOUTH 53°07'15" WEST A DISTANCE OF 127.08 FEET; THENCE SOUTIl63°51'53" WEST A DISTANCE OF 360.22 FEET; THENCE SOUTH 51°21'22" WEST A DISTANCE OF 630.59 FEET; THENCE SOUTH 02°12'58" EAST A DISTANCE OF 101.99 FEET; THENCE SOUTH 44°08'07" WEST A DISTANCE OF 97.12 FEET; THENCE NORTH 74°59'27" WEST A DISTANCE OF 222.48 FEET; THENCE SOUTH 86°36'38" WEST A DISTANCE OF 207.73 FEET; THENCE SOUTH 72°59'18" WEST A DISTANCE OF 118.96 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 03°29'08" EAST ALONG SAID WEST LINE A DISTANCE OF 107.10 FEET TO A POINT BEING ON A 3,062.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 21°02'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 380.33 FEET THROUGH A CENTRAL ANGLE OF 07°07'00"; THENCE NORTH 61°51'00" EAST A DISTANCE OF 1,369.65 FEET TO THE POINT OF BEGiNNING. CONTAINING 6.11 ACRES MORE OR LESS. PARCEl 08-3; DRAINAGE EASEMENT- SCRIPPS POWAYPARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTIl, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREIN AFOREMENTIONED POINT 'D'; THENCE SOUTH 28°09'00" EAST A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28°09'00" EAST, A DISTANCE OF 171.16 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE SOUTHERLY LINE OF THE HEREIN AFORESAID PARCEL 08-2. CONTAINING 0.08 ACRES MORE OR LESS. PAGE 2 OF 4 FEB 28 1995 IïEM 10 I 9 of 15 PARCEL 08-4; DRAINAGE EASEMENT - SCRIPPS POWA Y PARKWA Y A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN TIffi EAST HALF OF TIffi SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT TIffiREOF, IN TIffi COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TIffi CENTERLINE OF SAID 20.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIffi HEREIN AFOREMENTIONED POINT 'C'; TIffiNCE NORTH 28°09'00" WEST A DISTANCE OF 62.00 FEET TO TIffi POINT OF BEGINNING; TIffiNCE CONTINUING NORTH 28°09'00" WEST A DISTANCE OF 130.40 FEET TO TIffi TERMINUS OF SAID CENTERLINE. TIffi SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTIffiNED SO AS TO TERMINATE IN TIffi NORTIffiRLY LINE OF TIffi HEREIN AFORESAID PARCEL 08-1. CONTAINING 0.06 ACRES MORE OR LESS. PARCEL 08-5; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN TIffi EAST HALF OF TIffi SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO TIffi OFFICIAL GOVERNMENT PLAT TIffiREOF, IN TIffi COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TIffi CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIffi HEREIN AFOREMENTIONED POINT 'B'; TIffiNCE NORTH 28°09'00" WEST A DISTANCE OF 62.00 FEET TO TIffi POINT OF BEGINNING; TIffiNCE CONTINUING NORTH 28°09'00" WEST A DISTANCE OF 119.22 FEET TO TIffi TERMINUS OF SAID CENTERLINE. TIffi SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTIffiNED SO AS TO TERMINATE IN TIffi NORTIffiRL Y LINE OF TIffi HEREIN AFORESAID PARCEL 08-1. CONTAINING 0.05 ACRES MORE OR LESS. PARCEL 08-6; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN TIffi EAST HALF OF TIffi SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT TIffiREOF, IN TIffi COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 3 OF 4 FES 28 1995 ITEM 10 10 of 15 " - COMMENCING AT TIffi HEREIN AFOREMENTIONED POINT 'A'; TIffiNCE NORTH 28°09'00" WEST A DISTANCE OF 62.00 FEET TO TIffi POINT OF BEGINNING; TIffiNCE CONTINUING NORTH 28°09'00" WEST A DISTANCE OF 131.05 FEET TO TIffi TERMINUS OF SAID CENTERLINE. TIffi SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTIffiNED SO AS TO TERMINATE IN TIffi NORTIffiRLY LINE OF TIffi HEREIN AFORESAID PARCEL 08-1. CONTAINING 0.06 ACRES MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF \983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS IS" AND "SAN DIEGO GPS 32", I.E. NORTH 0\°20'33" .3 WEST. MULTIPLY ALL DISTANCE USED IN THE ABOVE DESCRIPTION BY 1.00009078 OBTAIN GROUND LEVEL DISTANCES. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMAN~ P~AL LAND SURVEYORS ACT. SIGNATURE: ~ DATE: ~/~~f - S D. P7 5.202 -0 2/L D PO W 0 8. DOC/vmgl tapIR G/12 3 094 PAGE 4 OF 4 rEB 28 1995 ITEM 10 11 of 15 \ \ \ NO DELTA RADIUS LENGTH \ \ C: 06"J4'J," JOOOOO' J442B' \ \ 02 06'00'J'" 29JB,00' JOB 11' 106~J"'" OJ OTOTOO" J062 00' JBO,J]' ~:;("1oN7B' J8' t .f?"¿(".,, ';;. " ""~f .<,;,l1o("O~ p~, SOO'05 '00" . ..1 /,..10":("0 <" (NOO"7'08"WW 26707" "l~ '¡"~O <p 267098' R f.. é",O ~+""', ~ Os 9859) ;>ó'~O¡-;:"1o" ~$ '".$ Ô U'~, ~[OO°<".""'" ~ W ê;.-%4',<j("sg' <". NO, BEARING LENGTH 1og f-11--~.¡;'S<". ~ if' L I N72'S9'IB'" 118,96' ;.0,0;:;("10, o. r ~ L2 N44'08'07', 97'" 9,..1~ og;>(" ~ <:., L3 N02""SB"W 10199' ->OO'9Y"{.f '&. 14 NSJ'OTIS", 127.08' "',9':'..... .. " l5 N64'UOB", 46,BS' 0;> 0(" g L6 S7<rJT,,"w I1B,S6' N 1<.< y;, ~ ~ II 'fo,'ß 0 < ~ - '&,c;~' ';Ò. ki p', ;;¡! <" IB 1/2 OlP u ~ ~~~ 4.97 AC SIB""""'" FEE AQUISITION ~ ""'~~ON 15 ~ 12.29 AC 1'14 § 1R SLOPE EASEMENT ~ & ' 1 W ~ §.1B.M!, ~:::::::::=::J gR2A~N~gE' EASEMENT ~ &ô. Co C§3)&~&@3) i . AREA OF DRAINAGE ESMT ENCUMBERED '" ~ ' WITH SLOPE EASEMENT, ;: ~ ~ . A \ ~ o. \2' 62' 6 LJ OB-1 ú' '" 'Z- C' \0 'ß.~ ~~~" '6.;.'1>. '3> "'. ~ <" 'i\ ~. ~~. $~:Ú', \'1\ (" \ ..1", '~~, a .... "'!.': rÙ i:: 4PN 324- ~ 011 -09 [~ w; ~ co " BO'r'L.E EnGInEERInG CITY OF POWAY TAX PAR, NO, 324-011-03 c::¡ 780~~/;/::';~':!tT~c;r: 200 SCRIPPS POWAY PKWY ~ 12 of 15 '~'~86~611 EXHIBIT II B" SHEET 1 OF L - 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, (poway FTC 142 Limited Partnership -- APNs 324-070-03, 324-011-03 -- 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 easements for slope and drainage 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 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 project 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, 13 of 15 FES 28 1995 rf:=M 10 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 28th day of February, 1995. MAYOR ATTEST: MARJORIE K. WAHLSTEN, CITY CLERK 14 of 15 FES 2 8 1995 HEM 10 - MCCANN B CARROLL ATTO~N<YS AT LAW 2000 "'O "'CO C"'VE. SU'TE 20' CARLSSAD. CALIFORNIA 92008-'558 KEV'N E. MCCANN TELE"-ONE (.'0) 720.3<00 C. CAN'EL CA""OLL 'AX (0'.) 720'.000 February 13, 1995 RECEIVED '\ , FES 1 ,1 í%5 - ( City Clerk CITY OF PCWAY CITY CLERK'S OFFiCe City of Poway 13325 Civic Center Drive Poway, California 92074 Re: The Scripps Poway Parkway Project! APNs 324-070-03 and 324-011-03 Reauest to Aooear at Public Hearin2 Scheduled for Februarv 28. 1995 Dear Clerk of the City of Poway: I am legal Counsel to Poway FTC 142 Limited Partnership, owners of the property about which the City of Poway intend to adopt a resolution of necessity to acquire certain real property. The owners object to the taking, and request the opportunity to be heard at your public hearing presently scheduled for February 28, 1995 at 7:00 p.m. Will you please be so kind as to schedule, allow, and/or note on the agenda the appearance of the owner, and me as their legal counsel? Thank you in advance for your cooperation. Very truly yours, McCANN & CARROLL ~~ Kevin E. McCann KMc:cgb cc: Client / ~:£-~ - ~ké, 15 of 15 FEB 2 S 1995 ITEM 10