Item 15 - 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. EcJris, City Attorney
Carol T. Banks C1ß
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.
(TECH BUSINESS CENTER -- APNs 323-090-65, 323-091-03 --
Partial Takings)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 1.65 acres of unimproved industrial zoned property for
roadway purposes and general utility purposes, located south of the proposed Parkway
and east of Stowe Road, in the City of Poway, 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.
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 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 and easements for construction of the Scripps Poway
Parkway East improvements.
ACTION:
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fES 28 1995 ITEM - 15 ~ I
~ AGENDA REPOR-
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bower~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
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.
(TECH BUSINESS CENTER -- APNs 323-090-65, 323-091-03 --
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 1.65 acres of unimproved industrial zoned
land in two parcels owned by Tech Business Center, is located south of the proposed
Parkway and east of Stowe Road in the City Poway. 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 Parkway will traverse the northern portion of the subject
properties. A partial taking of the properties is necessary to construct the roadway and
preserve habitat. Specifically, 1.33 acres will be used for roadway purposes, and 0.32 acres
will be used for general utility easements.
ACTION:
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An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $1,000 for the purchase of a right-of-way in fee simple and permanent utility
easements. An offer to purchase was made to the property owner pursuant to Government
Code Section 7267.2. A notice of public hearing was sent to the property owner pursuant to
Code of Civil Procedure 1245.235.
In order to acquire this parcel through eminent domain, the City Council must find
that:
(a) The public interest and necessity require said proposed project;
(b) Said proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) The property described in the attached Resolution of Necessity is necessary for
the proposed project; and
(d) The offer required by Government Code Section 7267.2 has been made to the
owners of record.
The attached Resolution of Necessity authorizes the City Attorney to pursue
condemnation proceedings in the Superior Court of the State of California.
- FINDINGS:
(a) The public interest and necessity require said proposed project, as the Scripps
Poway Parkway is necessary for the orderly and improved flow of traffic;
(b) Said proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury, as the location of the
roadway follows topographical lines that reduce costs, grading, and other adverse impacts to
private property;
(c) The property described in the attached Resolution of Necessity is necessary for
the proposed project; and
(d) 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.
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 easements.
Attachments: legal description, map
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EXIllBIT "An
PARCEL 28' FEE PARCEL FOR PUBLIC RIGHT-OF-WAY; SCRIPPS POWAY PARKWAY
A PORTION OF LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POW A Y, COUNTY OF SAN DŒGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL GOVERNMENT PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE MOST
SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556 ON
FEBRUARY 8,1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO THE
NORTHEAST CORNER OF SAID LOT 4 IN SECTION 19; THENCE LEAVING SAID NORTHERLY LINE SOUTH
00°15' 25" WEST ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 53.56 FEET; THENCE NORTH
88°19'00" WEST, A DISTANCE OF 484.92 FEET TO THE EAST LINE OF AN EASEMENT GRANTED TO THE CITY
OF POWAY FOR PUBLIC RIGHT-OF-WAY RECORDED ON AUGUST 25, 1993, AS FILE NO. 1993-0554187 OF THE
OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 01°40'41" EAST ALONG SAID EAST LINE OF SAID
EASEMENT, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.59 ACRES, MORE OR LESS.
PARCEl 28-1; EASEMENT FOR PUBLIC UTILITIES; SCRIPPS POWAY PARKWAY
A STRIP OF LAND 10 FEET IN WIDTH LYING IN LOT 4 IN SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, MORE PARTICULARL Y
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556
ON FEBRUARY 8,1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59
FEET TO THE NORTHEAST CORNER OF SAID LOT 4 IN SECTION 19; THENCE LEAVING SAID NORTHERLY
LINE SOUTH 00°15'25" WEST ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 53.56 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 88° 19' 00" WEST, A DISTANCE OF 484.92 FEET; THENCE NORTH
89°19' 19" WEST, A DISTANCE OF 132.49 FEET TO THE EASTERLY LINE OF AN EASEMENT GRANTED TO THE
CITY OF POWAY FOR PUBLIC UTILITIES RECORDED ON AUGUST 25, 1993, AS FILE NUMBER 1993-0554185 OF
THE OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 01° 40' 41" WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 88° 19' 19" EAST, A DISTANCE OF 132.48 FEET; THENCE SOUTH 88° 19' 00" EAST, A
DISTANCE OF 485.17 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE NORTH 00° 15' 25" EAST, A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.14 ACRES, MORE OR LESS.
PARCELS 25 26 & 27; FEE ACQUISITION - SCRIPPS POWAY PARKWAY
A PORTION OF PARCEL 1, PARCEL 2, AND PARCEL 3 OF PARCEL MAP 5750, FILED ON MARCH 31,1977 IN
- THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AS FILE NO. 77-118268, IN THE CITY OF POW A Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE I OF3
5 of 11 FEB 2 S i995 l1ëM 15
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POWAY TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556
ON FEBRUARY 8,1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF LOT 4, OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF,
SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO THE NORTHEAST CORNER OF SAID LOT 4, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL I OF PARCEL MAP 5750, SAID CORNER BEING
THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF PARCEL MAP 5750 SOUTH
88°20'03" EAST (RECORD SOUTH 88°18'50" EAST PER PARCEL MAP 5750), A DISTANCE OF 760.17 FEET TO A
POINT OF CUSP ON A NON-TANGENT 2,053.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO
SAID POINT BEARS SOUTH II °27'27" EAST; THENCE LEAVING SAID NORTH LINE AND WESTERLY ALONG
SAID CURVE A DISTANCE OF 470.97 FEET THROUGH A CENTRAL ANGLE OF 13°08'27"; THENCE TANGENT
TO SAID CURVE NORTH 88°19'00" WEST, A DISTANCE OF 291.97 FEET TO WEST LINE OF PARCEL 1 OF SAID
PARCEL MAP 5750; THENCE ALONG SAID WEST LINE NORTH 00°15'25" EAST (RECORD NORTH 00°15'46"
EAST PER PARCEL MAP 5750), A DISTANCE OF 53.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.74 ACRES, MORE OR LESS.
PARCELS 25-1 26-1 & 27-1; EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY
A PORTION OF PARCEL I, PARCEL 2, AND PARCEL 3 OF PARCEL MAP 5750, FILED ON MARCH 31, 1977 IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, AS FILE NO. 77-118268, IN THE CITY OF POWA Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT A FOUND STREET SURVEY MONUMENT WITH A DISC STAMPED LS 5937 BEING THE
MOST SOUTHEASTERLY CORNER OF POW A Y TRACT MAP 87-13, UNIT ONE RECORDED AS MAP NO. 12556
ON FEBRUARY 8, 1990, AS FILE NO. 90-072267 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF LOT 4, OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF,
SOUTH 88° 19' 19" EAST, A DISTANCE OF 483.59 FEET TO THE NORTHEAST CORNER OF SAID LOT 4, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL I OF PARCEL MAP 5750; THENCE ALONG THE
NORTHERLY LINE OF PARCEL MAP 5750 SOUTH 88°20'03" EAST (RECORD SOUTH 88°18'50" EAST PER
PARCEL MAP 5750), A DISTANCE OF 760.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG THE NORTHERLY LINE OF PARCEL MAP 5750 SOUTH 88°20'03" EAST, A DISTANCE OF 42.24 FEET TO
A POINT OF CUSP ON A NON-TANGENT 2,063.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL
TO SAID POINT BEARS SOUTH 12°36'00" EAST; THENCE LEAVING SAID NORTH LINE AND WESTERLY
ALONG SAID CURVE A DISTANCE OF 514.41 FEET THROUGH A CENTRAL ANGLE OF 14°17'00"; THENCE
TANGENT TO SAID CURVE NORTH 88°19'00" WEST, A DISTANCE OF 291.72 FEET TO WEST LINE OF PARCEL
I OF SAID PARCEL MAP 5750; THENCE ALONG SAID WEST LINE NORTH 00°15'25" EAST (RECORD NORTH
00°15'46" EAST PER PARCEL MAP 5750), A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTH LINE OF
THE AFORESAID PARCELS 25, 26 AND 27; THENCE ALONG SAID SOUTH LINE, SOUTH 88°19'00" EAST, A
DISTANCE OF 291.97 FEET TO THE BEGINNING OF A TANGENT 2,053.50 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 470.97 FEET THROUGH A CENTRAL
ANGLE OF 13°08'27" TO THE POINT OF BEGINNING.
CONTAINING 0.18 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA
STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE
PAGE 2 OF 3 fEB 28 1995 ITeM 15 ,I
6 of 11
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BETWEEN THE 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 THE ABOVE DESCRIPTION BY 1.00005848
TO OBTAIN GROUND LEVEL DISTANCES.
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7 of 11 FEB 2 8 1995 ITEM- 15
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Jrnio92111 EXHIBIT B SEET10F1
9 of 11 '68-8080 H -
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.
(Tech Business Center -- APNs 323-090-65, 323-091-03 -- 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 a permanent utility easement;
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 roadway 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,
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FEB 28 1995 rr:::M- 15
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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
11 of 11 15
FEB 2 8 1995 ITèM ,I