Item 11 - 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 M~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. BanksC'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.
(Fisher Enterprises h APN 324-011-14 -- Partial Taking)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 1.13 of unimproved property for roadway purposes, located
north of the proposed Parkway and west of 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.
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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.
ACTION:
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~ AGENDA REPOR'
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: FebruaryZ8, 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.
(Fisher Enterprises -- APN 324-011-14 -- Partial Taking)
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 IS 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 1.13 acres of unimproved land owned by
Fisher Enterprises, is part of a 30.74 acre parcel located north of the proposed Parkway and
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 Exhibit "B" shows, the subject property is located northwest of the eastern
terminus of the Parkway. A taking of 1.13 acres in right-of-way is necessary to construct
Parkway improvements through both parcels.
ACTION: I
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ITEM 11 I
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An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $7,910 for the purchase of a 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.
ENVIRONMENTAL REVIEW:
No further environmental review is necessary. The Final Environmental Impact
Report was certified on February 8, 1994.
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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.
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:
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.
Attachments: legal description, map
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EXHIBIT "A"
- PARCEl 07;FEEACQUISITION-HIGHWAY67
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 9261 FILED IN TIIE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON OCTOBER 18,1979, AS FILE NO. 79-437380, IN TIIE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4" IRON PIPE WITH DISC STAMPED RCE 23909 FOUND AT TIIE SOUTIIEAST CORNER OF
PARCEL 4, SAID POINT BEING IN TIIE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY
XI-SD-198-H AS DESCRIBED IN DEED TO TIIE STATE OF CALIFORNIA RECORDED IN BOOK 1325, PAGE 145
OF TIIE OFFICIAL RECORD; TIIENCE NORTH 88°46'49" WEST, A DISTANCE OF 93.50 FEET ALONG TIIE
SOUTIIERL Y LINE OF SAID PARCEL 4; TIIENCE NORTH 28°09'00" WEST, A DISTANCE OF 164.31 FEET;
TIIENCE NORTH 23°44'49" WEST, A DISTANCE OF 490.52 FEET; THENCE NORTH 11°02'30" WEST, A
DISTANCE OF 151.58 FEET TO A POINT IN TIIE EASTERLY LINE OF SAID PARCEL 4 AND TIIE WESTERLY
LINE OF SAID RIGHT-OF-WAY; THENCE SOUTH 28°05'52" EAST A DISTANCE OF 884.10 FEET ALONG TIIE
EASTERLY LINE OF SAID PARCEL 4 AND TIIE WESTERLY LINE OF SAID RIGHT-OF-WAY TO TIIE POINT OF
BEGINNING.
CONTAINING 1.13 ACRES, MORE OR LESS.
THIS CONVEYANCE IS MADE FOR TIIE PURPOSE OF HIGHWAY WIDENING AND TIIE GRANTOR HEREBY
RELEASES AND RELINQUISHES TO TIIE GRANTEE ANY AND ALL ABUTŒR'S RIGHTS INCLUDING ACCESS
RIGHTS APPURTENANT TO GRANTOR'S REMAINING PROPERTY IN AND TO SAID HIGHWAY ALONG TIIE
- SOUTIIERL Y 258.81 FEET OF TIIE EAST LINE OF TIIE REMAINING PROPERTY IN SAID PARCEL 4 OF PARCEL
MAP 9261.
THE BEARINGS AND DISTANCES USED IN TIIE ABOVE DESCRIPTIONS ARE BASED ON TIIE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE
BETWEEN TIIE 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 TIIE ABOVE DESCRIPTION BY 1.00008668
(BASED ON CAL TRANS 67-13.38 CONTROL MONUMENT) TO OBTAIN GROUND LEVEL DISTANCES.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH TIIE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE: .4~ # -
DATE: ~~/'S
S D- P7 5-202 -02/LDS PP07 .DOC/erm/RSP/O 12795
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BDYLE EnGinEERinG CITY OF POWAY TAX PAR. NO. 324-011-14 co
CDRPDRRTIDn ""
SR-67 <D
7808 Convoy Court Suite 200 L.I.J
.. . -nio 92111 EXHIBIT "B" J....
6 of 8 ;8-8080 SHEET 1 OF- 1
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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.
(Fisher Enterprises -- APN 324-011-14 -- 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 interests to be taken in said property
are 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
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 in order to provide a right-of-way for the
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
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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 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
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