Item 10 - Resolution of Necessity of City Eminent Domain
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AGENDA REPORT SUMMARY
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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:
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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:
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(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
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at
4 of 15 FEB 2 8 1995 ITEM 10 . I
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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
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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-
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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
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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 "
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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
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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