Item 5 - Resolution of Necessity of City Eminent Domain DA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~~9
BY: Stephen M. Eckis, City Attorney
Carol T. Banksc~{~
DATE: FebmaryZS, 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
C Court Action for Said Purpose.
(Schreiber - APN 324-070-04 - Full Taking)
Staff 5s that the City Council adopt the attached Resolution of
Necessity that 4 acres located on the east side of State Route 67, south of Rio Maria
Road, in the County of San Diego, be acquired under eminent domain proceedings for the
of the Scripps Poway Parkway East imf:
: The Poway City Council certified the Final
F Impact Report for the Scripps Poway Project East on February 8, 1994.
FISCAL IMI Funds for this project have been budgeted with the overall
mprovement program for Scripps Poway Parkway East.
ADE
Notices of public hearing were mailed to property owners on January 30, 1995, in
a dance with Code of Civil Procedure 1245.235.
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 of the Scripps Poway Parkway East
imf:
~CTION: Continued,to March 14, 1995 on
. Attorney. LT~~ . )<:~j~ of the City
Marie Lofton, Deputy City Clerk
MAR 1 ,~ 1995 ITEM 5
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- AGENDA REPOW
CITY OF POWAY ~~~
TO: Honorable Mayor and Members of the City Council '~ ~ :H~ co~
FROM: James L. E' "
INITIATED BY: Stephen M. Fa:k/s, City Attorney
Carol T. Banks
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.
(Schreiber - APN 324-070-04 - Full Taking)
The City Council approved the Scripps Poway Parkway East project in 1991 and
certified the Final E 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 J 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 4.0 acres of unimproved land owned by
Doris Schreiber, is located east of State Route 67 and south of Rio Maria Road 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 "A" shows, the subject property is located at the eastern terminus of the
Parkway, at the of State Route 67 and Rio Maria Road. The Parkway will
require realignment of the existing Rio Maria Road approximately 200 feet south. Because
the realignment will traverse the subject property, a full taking of a right-of-way in the
property is necessary to complete the project.
ACTION:
See Summary Sheet
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An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $60,000 for the right-of-way in fee simple. An offer to purchase was made
-- to the property owner pursuant to G Code Section 7267.2. A notice of public
hearing was sent to the property 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 G 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.
(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 G Code Section 7267.2 has been made to the
owners of record.
ENVII
No further review is necessary. The Final E ' Impact
Report was certified on February 8, 1994.
The appraised value is within the budget for the Parkway project. Funds already are
set aside for the acquisition and of the Parkway.
3 of 8 FEB 28 1995
AD FIFICATION AND 'ONDENCE:
Notices of public heating were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
Staff Js:
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 a right-of-way for road purposes.
Attachments: legal description, map
MAR 1 ,~ ]995 ITEM
FEB 2 8 1995
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EXHIBIT "A" --
03-144685
LEGAL DESCRIPTION
THE LAND TO HEREIN IS IN THE STATE OF
COUNTY OF SAN DIEGO AND IS AS
PARCEL 4 OF PARCEL MAP NO. 7118, IN THE COUNTY OF SAN DIEGO,
STATE OF FILED IN THE OFFICE OF THE COUNTY
OF SAN DIEGO COUNTY, APRIL 6, 1978 AS FILE NO. 78-136522 OF
MAR 1 4 1995 ITE~J
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t:EB ~ 8 1995 Fi'EM
RESOLUTION NO.
OF THE CITY OF POWAY
FINDING A_ND THE
THAT CERTAIN REAL BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
THE CITY TO
COURT ACTION FOR SAID
S -PPS POWAY PARKWAY
( -- APN -- Full Taking)
BE IT BY THE CITY COUNCIL OF THE CITY OF POWAY,
AS
SECTION 1: That the City of Poway is to acquire
property by eminent domain p to Section 37350.5
of the Code.
SECTION 2: That the public use for which the hereinafter
is to be taken is a public r~adway for the
with the of Scripps
Poway Parkway to State Route 67, in or near the City of Poway.
SECTION 3: Th t the general and extent of the
to be taken y eminent domain is set forth in
a of sai property hereto as Exhibit "A" and
is incorporated here n by this
SECTION 4: That the to be taken in said property is
a in fee simple for public roadway
SECTION 5: That the City Council of the City of Poway hereby
finds, and that :
(a) The public ' and require the Project, as
the Scripps Poway Parkway is for the orderly and
flow of
(b) The Project is planned or located in the manner that will
be most compatible with the greatest public good and the least
private %njury, as the of the roadway follows
lines that reduce costs, and other
adverse impacts to private
(c) The in this is
for the Project in order to of Rio Maria
Road to connect with the , and
(d) The offer by Section 7267.2 of the
Code has been made to the owner(s) of record.
SECTION 6: That in with Code of Civil
Section 1245.235, each person whose is to be by
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eminent domain and whose name and address appears on the last
County roll has been given notice and a
y to appear and be heard on the matters
to in Section 5 above.
SECTION 7: That the City of the City of Poway be and
is hereby and to an action in the
Court of the State of in and for the County of
San Diego in the name of and on behalf of the City of Poway against
all owners and of the property for the
purpose of F and acquiring said therein for the
use of by the City of Poway.
PASSED, ADOPTED AND by the City Council of the City
of Poway, at a regular meeting this 28th day of
February, 1995.
MAYOR
ATTEST:
K. CITY CLERK
MAR 1 4 1995 ITEM 5 ,
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