Item 14 - 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. 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:
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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
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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.
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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
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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
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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.
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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
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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'
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12721)'
NO, OEL TA RAOIUS LENGTH
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C2 05'33'23" 194650' 188.77'
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S9crOO'OO"[ 343.17' i
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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'
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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:.:
/
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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 :