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Item 14 - 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 C1!) DATE: FebruaryZ8, 1995 SUBJECT: Resolution of Necessity Finding and Determining the Necessity to Acquire Certain Property in the City of Poway by the City of Poway by Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Pallas Sprague -- APN 323-100-05 -- Partial Taking) ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of Necessity that approximately 25.67 acres located near the South Poway Business Park in the City of Poway be acquired under eminent domain proceedings for construction of the Scripps Poway Parkway 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, adopt the attached Resolution of Necessity, and direct the City Attorney to acquire the necessary right-of-way and easements for construction of the easterly extension of Scripps Poway Parkway East improvements. ACTION: ~ 1 of 14 FEB 2 8 1995 ITEM -14 ~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: Februaryl8, 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. (pallas Sprague -- APN 323-100-05 -- Partial Taking) BACKGROUND: The City Council approved the Scripps Poway Parkway 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 Scripps Poway 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 25.67 acres of unimproved land owned by Frieda Elizabeth Pallas Sprague, is part of a larger parcel of 108,33 acres located north of Beeler Canyon Road and west of Sycamore Canyon Road, in the City of Poway. According to the South Poway Community Plan, the property is designated for open space and commercial/industrial uses, As Exhibit "B" shows, the Parkway will traverse the subject property, bisecting it into two distinct parts. A taking of the following portions of the property is required to ACTION: I 2 of 14 )) - r I.D ~ 0 I~~~ IJCJ~r J.'+ - complete the Parkway: 7.05 acres for roadway purposes; 17.48 acres for permanent slope, - drainage and utility easements; and 1.14 acres for a temporary, two-year construction easement. adjoining the slope easement on the north side of the right-of-way. An appraisal prepared by a competent, independent appraiser indicates that total just compensation is $276,250 for the portions to be taken. 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 authorize 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, as the proposed project traverses the subject property; and (d) The offer required by Government Code Section 7267.2 has been made to the owners of record. 3 of 14 FEE 28 iSS5 ITEM 14 'j EXHIBIT "A" PARCEL 22; FEE ACQUISITION - SCRIPPS POWAY PARKWAY A STRIP OF LAND OF VARYING WIDTH LYING WITHIN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP OF LAND OF VARYING WIDTH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00°15'03" WEST ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OF 269.84 FEET, TO A POINT ON A NON-TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 09°06'08" EAST; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 148.47 FEET TIIROUGH A CENTRAL ANGLE OF 02°50'08"; THENCE SOUTH 83°44'00" WEST, A DISTANCE OF 360.00 FEET TO THE BEGINNING OF A TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND SOUTHEASTERLY; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 1,315.11 FEET TIIROUGH A CENTRAL ANGLE OF 25°07'00"; THENCE TANGENT TO SAID CURVE SOUTH 58°37'00" WEST, A DISTANCE OF 945.00 FEET TO THE BEGINNING OF A TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 91.33 FEET TIIROUGH A CENTRAL ANGLE OF 01°44'40" TO A POINT IN THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20, SAID POINT BEING THE POINT OF BEGINNING OF THE CENTERLINE OF A STRIP OF LAND 124.00 FEET WIDE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT' A'; THENCE CONTINUING SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 260.92 FEET TIIROUGH A CENTRAL ANGLE OF 04°58'59" TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE CONTINUING SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 250.00 FEET TIIROUGH A CENTRAL ANGLE OF 04°46'29" TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE CONTINUING SOUTHWESTERLY AND WESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 612.35 FEET TIIROUGH A CENTRAL ANGLE OF 1 1°41'42" TO THE TERMINUS OF THE CENTERLINE OF SAID 124-FOOT WIDE STRIP OF LAND AND TO THE BEGINNING OF A STRIP OF LAND OF CONSTANT VARYING WIDTH FROM 124.00 FEET TO 107.00 FEET, THE CENTERLINE OF SAID STRIP OF LAND OF CONSTANT VARYING WIDTH IS DESCRIBED AS FOLLOWS; THENCE SOUTH 81 °48' 50" WEST, A DISTANCE OF 187.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D' AND THE TERMINUS OF THE CENTERLINE OF SAID STRIP OF LAND OF CONSTANT VARYING WIDTH AND TO THE BEGINNING OF A STRIP OF LAND 107.00 FEET IN WIDTH, THE CENTERLINE OF SAID 107-FOOT WIDE STRIP OF LAND IS DESCRIBED AS FOLLOWS; THENCE CONTINUING SOUTH 81 °48'50" WEST, A DISTANCE OF 680.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'E'; THENCE CONTINUING SOUTH 81°48'50" WEST, A DISTANCE OF 506.01 FEET TO THE BEGINNING OF A TANGENT 2,000.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 55.69 FEET TIIROUGH A CENTRAL ANGLE OF 01°35'43" TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE CONTINUING WESTERLY ALONG SAID 2,000-FOOT RADIUS CURVE A DISTANCE OF 123.27 FEET TIIROUGH A CENTRAL ANGLE OF 03°31 '53" TO A POINT IN THE WEST LINE OF SAID SECTION 20, SAID POINT BEING THE TERMINUS OF SAID 107-FOOT WIDE STRIP OF LAND. 4 of 14 PAGE 1 OF 7 FEB 2 8 1995 ITEM -14 I - - THE SIDELINES OF SAID 124-FOOT WIDE STRIP OF LAND TO BE SHORTENED OF LENGTHENED SO AS TO - TERMINATE NORTHERLY IN THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 AND THE SIDELINES OF SAID 1O7-FOOT WIDE STRIP OF LAND TO TERMINATE WESTERLY IN THE WEST LINE OF SAID SECTION 20. CONTAINING 7.05 ACRES, MORE OR LESS. PARCEL 22-1; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT' A'; THENCE SOUTH 89°20' 54" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 119.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°20'54" EAST, A DISTANCE OF 74.57 FEET; THENCE SOUTH 38°53'18" WEST, A DISTANCE OF 166.49 FEET; THENCE SOUTH 60°36'25" WEST, A DISTANCE OF 70.90 FEET; THENCE SOUTH 83°28'28" WEST, A DISTANCE OF 209.48 FEET; THENCE SOUTH 63°41'50" WEST, A DISTANCE OF 244.71 FEET; THENCE SOUTH 70°54'02" WEST, A DISTANCE OF 468.21 FEET; THENCE SOUTH 75°48'00" WEST, A DISTANCE OF 309.37 FEET; THENCE SOUTH 78°01'35" WEST, A DISTANCE OF 386.32 FEET; THENCE SOUTH 59°39'06" WEST, A DISTANCE OF 279.35 FEET; THENCE NORTH 83°18'13" WEST, A DISTANCE OF 152.06 FEET; THENCE NORTH 30°14'54" WEST, A DISTANCE OF 167.49 FEET; THENCE SOUTH 75°38'37" WEST, A DISTANCE OF 374.73 FEET; THENCE SOUTH 49°57' 16" WEST, A DISTANCE OF 110.21 FEET; THENCE NORTH 75°15'06" WEST, A DISTANCE OF 157.22 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01°56'29" EAST ALONG SAID WEST LINE, A DISTANCE OF 53.88 FEET TO A POINT ON A NON-TANGENT 1,936.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS SOUTH \3°49'32" EAST; THENCE EASTERL Y ALONG SAID CURVE A DISTANCE OF 190.06 FEET THROUGH A CENTRAL ANGLE OF 05°38'22"; THENCE TANGENT TO SAID CURVE NORTH 81°48'50" EAST, A DISTANCE OF 1,186.01 FEET; THENCE NORTH 08°11'10" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 84°24'27" EAST, A DISTANCE OF 187.84 FEET TO THE BEGINNING OF A NON-TANGENT 3,062.00-FOOT RADIUS CURVE CONCA VE NORTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 08°11'10" EAST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 1,239.71 FEET THROUGH A CENTRAL ANGLE OF 23°11'50"; THENCE TANGENT TO SAID CURVE NORTH 58°37'00" EAST, A DISTANCE OF 9.99 FEET TO THE POINT OF BEGINNING. CONTAINING 5.43 ACRES, MORE OR LESS. PARCEl 22-2; SLOPE EASEMENT- SCRIPPS POWAYPARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 of 14 PAGE 2 OF 7 FEB 28 1995 ITEM- 14 COMMENCING AT THE AFOREMENTIONED POINT 'A', THENCE NORTH 89°20'54" WEST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 26.08 FEET; THENCE NORTH 88°04'55" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 96.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 88°04'55" WEST, A DISTANCE OF 630.45 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 51°58'46" WEST, A DISTANCE OF 179.72 FEET; THENCE SOUTH 68°11 '32" WEST, A DISTANCE OF 122.19 FEET; THENCE SOUTH 80°28'11" WEST, A DISTANCE OF 308.43 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 343.17 FEET; THENCE SOUTH 55°09'33" WEST, A DISTANCE OF 336.09 FEET; THENCE NORTH 26°33'26" WEST, A DISTANCE OF 169.80 FEET; THENCE NORTH 72°47'16" WEST, A DISTANCE OF 456.24 FEET; THENCE NORTH 51°58'17" WEST, A DISTANCE OF 162.99 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01°56'29" WEST ALONG SAID WEST LINE, A DISTANCE OF 538.29 FEET TO A POINT ON A NON-TANGENT 2,063.50-FOOT RADIUS CURVE CONCA VE SOUTHERLY, A RADIAL TO SAID CURVE BEARS NORTH ]2°49'57" WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 167.33 FEET TIIROUGH A CENTRAL ANGLE OF 04°38'47"; THENCE TANGENT TO SAID CURVE NORTH 81°48'50" EAST, A DISTANCE OF 1,186.01 FEET; THENCE SOUTH 08°11'10" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 79°13'13" EAST, A DISTANCE OF 187.84 FEET TO A POINT ON A NON-TANGENT 2,938.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 08°11' 10" EAST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 994.92 FEET TIIROUGH A CENTRAL ANGLE OF 19°24'09" TO THE POINT OF BEGINNING. CONTAINING 11.42 ACRES, MORE OR LESS. PARCEl 22-3; DRAINAGE EASEMENT- SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PAR TICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'F'; THENCE NORTH 09°17'31" WEST, A DISTANCE OF 53.50 TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 09°17'31" WEST, A DISTANCE OF 460.96 FEET; THENCE NORTH 13°34'51" WEST, A DISTANCE OF 73.36 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND SO AS TO TERMINATE NORTHERLY IN THE WEST LINE OF SAID SECTION 20. CONTAINING 0.25 ACRES, MORE OR LESS. PARCEL 22-4; DRAINAGE EASEMENT- SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE 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 7 FEB 28 1995 ITEM 14 ,I 6 of 14 ~ COMMENCING AT THE AFOREMENTIONED POINT 'F'; THENCE SOUTH 09°17'31" EAST, A DISTANCE OF .- 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 09°17'31" EAST, A DISTANCE OF 131.12 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20.FOOT WIDE STRIP OF LAND TO BE SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF THE AFORESAID PARCEL 22-1. CONTAINING 0.06 ACRES, MORE OR LESS. PARCEL 22.5; DRAINAGE EASEMENT- SCRIPPS POWAYPARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'E'; THENCE NORTH 08° 11 ' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 08°11'10" WEST, A DISTANCE OF 58.66 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20.FOOT WIDE STRIP OF LAND TO BE LENGTHENED SO AS TO TERMINATE NORTHERLY IN THE NORTH LINE OF THE AFORESAID PARCEL 22-2. CONTAINING 0.03 ACRES, MORE OR LESS. PARCEL 22-6; DRAINAGE EASEMENT - SCRIPPS POW A Y P ARKW A Y A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'D'; THENCE SOUTH 08°11' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 08° 11'1 0" WEST, A DISTANCE OF 103.83 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF THE AFORESAID PARCEL 22-1. CONTAINING 0.05 ACRES, MORE OR LESS. 7 of 14 PAGE 4 OF 7 FEB 2 8 1995 ITEM 14 I PARCEL 22-7; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE AFOREMENTIONED POINT 'C'; THENCE NORTH 19°52'52" WEST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 19°52'52" WEST, A DISTANCE OF IS4.14 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20. CONTAINING O.OS ACRES, MORE OR LESS. PARCEL 22-S; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE AFOREMENTIONED POINT 'B'; THENCE SOUTH 24°39'21" EAST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 24°39'21" EAST, A DISTANCE OF SS.OO FEET TO THE TERMINUS OF SAID CENTERLINE. CONTAINING 0.04 ACRES, MORE OR LESS. PARCEl 22-9; EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE AFOREMENTIONED POINT '0'; THENCE SOUTH Osol 1'10" EAST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH Osoll'lO" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH S104S'50" WEST, A DISTANCE OF 1,IS6.01 FEET TO THE BEGINNING OF A TANGENT 1,936.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 190.61 FEET THROUGH A CENTRAL ANGLE OF 05°3S'22" TO THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01°56'29" EAST, A DISTANCE OF 10.39 FEET TO A POINT ON A NON-TANGENT 1,946.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 13°44'33" WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF ISS.77 FEET THROUGH A CENTRAL ANGLE OF 05°33'23"; THENCE TANGENT TO SAID CURVE NORTH S104S'50" EAST, A DISTANCE OF 1,186.01 FEET TO THE POINT OF BEGINNING. 8 of 14 PAGE 5 OF 7 FEB 2 8 1995 ITEM 14 I ,-. - CONTAINING 032 ACRES, MORE OR LESS. PARCEl 22-10; EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERID[AN, ACCORDING TO THE OFF[CIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'D'; THENCE NORTH 08° 11 ' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 08°[ l' 10" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 81°48'50" WEST, A DISTANCE OF 1,186.01 FEET TO THE BEGINNING OF A TANGENT 2,063.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 167.34 FEET THROUGH A CENTRAL ANGLE OF 04°38'47" TO THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01°56'29" WEST ALONG SAID WEST LINE, A DISTANCE OF 10.34 FEET TO A POINT ON A NON-TANGENT 2,053.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 12°54'22" WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 169.16 FEET THROUGH A CENTRAL ANGLE OF 04°43'12"; THENCE TANGENT TO SAID CURVE NORTH 81°48'50" EAST, A DISTANCE OF 1,186.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.31 ACRES, MORE OR LESS. PARCEl 22-11; TEMPORARY CONSTRUCTION EASEMENT - SCRIPPS POW A Y PARKWAY A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'E'; THENCE NORTH 08°11'10" WEST, A DISTANCE OF 112.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 26°33'26" WEST, A DISTANCE OF 169.80 FEET; THENCE NORTH 72°47'16" WEST, A DISTANCE OF 456.24 FEET; THENCE NORTH 51°58'17" WEST, A DISTANCE OF 162.99 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01°56'29" EAST ALONG SAID WEST LINE, A DISTANCE OF 61.87 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 51°58'17" EAST, A DISTANCE OF 190.25 FEET; THENCE SOUTH 72°47'16" EAST, A DISTANCE OF 571.19 FEET; THENCE SOUTH 08°11 '10" EAST, A DISTANCE OF 112.89 FEET; THENCE SOUTH 55°09'33" WEST, A DISTANCE OF 89.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1.14 ACRES, MORE OR LESS. [T [S UNDERSTOOD THAT SAID EASEMENT IS TEMPORARY AND SHALL TERMINATE UPON COMPLETION OF CONSTRUCTION OF THAT PORTION OF SCRIPPS POWAY PARKWAY LYING ADJACENT TO THE ABOVE DESCRIBED PARCEL. IT IS ALSO UNDERSTOOD THAT UPON SAID TERMINA T[ON DATE THE C[TY OF POW A Y SHALL HAVE NO FURTHER OBLIGATION OR LlAB[LlTY IN CONNECT[ON WITH SAID PARCEL. 9 of 14 FEB 2 8 1995 ITEM 14 I PAGE 6 OF 7 TIlE BEARlNGS AND DISTANCES USED IN TIlE ABOVE DESCRIPTION ARE BASED ON TIlE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARlNGS ARE BASED ON A LINE BETWEEN TIlE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND "SAN DIEGO GPS32", I.E.: NORTH 01° 20' 33".3 WEST. MULTIPLY ALL DISTANCES USED IN TIlE ABOVE DESCRIPTION BY 1.00006351 TO OBTAIN GROUND LEVEL DISTANCES. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH TIlE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: ~/ ~ - DATE: ~//~/9 r SD-P7S.202-02/LDPQW22.DOCIennIRSP/Ot 1 t9S 10 of 14 PAGE 7 OF 7 FEB 28 1995 ITEM 14 .1 - - I 18 . 17 NO. BEARING LENGTH 11 N5,'58.,7'w 19025' - L2 N08""IO"W 11289' U N26'J3'26"w 169.BO' L4 S55'09'JJ"w B9.5B' l5 NOI'56'29'" 61.B7' l6 N5"58'I7'w 16299' APN 323-100-01 L7 S75'15'06"[ 15722' L8 N49'57'16"[ 110.21' SCALE: ,"=200' NBB'04'55"W 254426' --+- 12721)' NO, OEL TA RAOIUS LENGTH Cl 04'43'12" 2053.50' 169.16' C2 05'33'23" 194650' 188.77' C3 03'31 '53" 2000,00' '23.27' I C4 05'07'36" 2000.00' 17B.95' I S9crOO'OO"[ 343.17' i 2-2 N - ~ a W I W '[¡ I 2-1 ~ ~ "! (/) , ' ,:;7:;,66~ ~ - W a ~Ó<[Ë~ W Z - (/) - <;¡ \\86.0" '5206' ~ N83"8'U"W ~ ~ E,p. 12-31-95 . 7,05 AC J' N~ ",'?:- FEE ACQUISITIONQI) ?¡/i- ~íJ1-~ 16,85 AC C OF CI\\) SLOPE EASEMENT c1Ð & GI:P 0,51 AC(O,47.) - I ~ DRAINAGE EASEMENT QI:):> &<1E1>&~&QE]>&QEP&~ ...... 1<1 +E~~ A~ONST ESMT ~ ; ~ D 0,63 AC ~ UJ ~BLlC UTILITY ESMT~&~Z ~9'O~ ,~ ~ ~ g2 ~, ø lBDYL.E EnalnE.. 'ERina CITY OF POWAY TAX PAR, NO, 323-1 00-05 ~ CDRPDRRTIDn y E: 7808 ~onvoy Cour' Su;le 200 SCRIPPS POWAY PKW, 1.1.. v .'orn',o 92111 EXHIBIT "B" 11 of 14 268-8080 SHEET 1 OF 2 NO. DELTA RADIUS LENGTH C1 on3'12" 205350' I 69. I 6' C2 05'33'>!' 1946.50' 188,77' C3 0,",1'53" 2000.00' 12327' C4 05'07'36" 200000' 178,95' C5 "'41 '42" 3000.00' 612.35' C6 04' 46'29" 3000.00' 250.00' b.O~ a/a'/> ~\\ O~ ,a \ ~\\b. r¡;,f:J '01.'0/ d'P~ ~ þ.?'" ~ ~~ ~\ \b.~'~. \ ~ 1p. ~, c' .. ",'J.° , ">Cþ.,,Ç;, ø\ ," ¿¡. "o",.~, <:J ",'Y'J o'¡" .."~~O" «'/ ~ ",-'- oú.§,~~'(" ,::. / c) o".:,~"¿¡""',,,"", 1;/ ~O.~~ .$'.fq" q "'~ c]/ .¡.'J ,,'J,~' "'J~.,,, <vQ;-/ 0 ,,",1'0';,. all C:J ~## i O¡' ¿j w ~."' I '~io I #' -T W o~ Vj ...... Uì NO. BEARING LENGTH ,"':; ¡ !<. L1 N60'36'25"( 70.90' r I 0 :?'l L2 589'20'54"( 74.57" I )IJ L3 558'37'00"W 9.99' V I?: L4 N88'04'55"W 96.93' 1(;/ i:.: / / ./ U") 00 C!2 BOYLE EnGInEERInG CITY OF POWAY TAX PAR, NO, 323-100-05 '" CORPORRTIOn co SCRIPPS POWAY PKWY w 7808 Convoy Ccurt Suite 200 ~ 'orn,o 921' 1 EXHIBIT "B" SHEET 2 OF 2 12 of 14 268-8080 ,- RESOLUTION NO. RESOLUTION FINDING AND DETERMINING THE NECESSITY THAT CERTAIN REAL PROPERTY BE ACQUIRED BY THE CITY OF POWAY UNDER EMINENT DOMAIN PROCEEDINGS; DIRECTING THE CITY ATTORNEY TO COMMENCE A COURT ACTION FOR SAID PURPOSE; SCRIPPS POWAY PARKWAY IMPROVEMENTS. (Pallas Sprague -- APN 323-100-05 -- 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 is a public roadway, together with all appurtenances to render said improvement complete and workable, such as permanent slope, drainage and utility easements, for the improvements associated with the easterly extension of Scripps poway Parkway to State Route 67, in 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 interests to be taken in said property are a right-of-way and easements in perpetuity for a public roadway and slope, drainage and utility purposes, as well as temporary easement for construction 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 right-of-way, slope/drainage/utility easements and mitigation habitat associated with the Project, which will traverse the property; and (d) The offer required by section 7267.2 of the Government 13 of 14 fEE 2 8 1995 17EM 14 - 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 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 14 of 14 FEB 28 1995 IJcM 14 :