Item 6 - Resolution of Necessity of City Eminent Domain REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
BY: Stephen M. Eckis, City Attorney
Carol T. Banks ~q~
DATE: February., 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.
(King -- APN 324-010-70 -- Partial Taking)
Staff ~s that the City Council adopt the attached Resolution of
Necessity that approximately 57.58 lineal feet of property located on the east side of State
Route 67, north of Rio Maria Road, in the County of San Diego, be acquired under
eminent domain proceedings for tl~ of the Scripps Poway Parkway East
mg
E; The Poway City Council certified the Final
E Impact Report for the Scripps Poway Project East on February 8, 1994.
L ~ Funds for this project have been budgeted with the overall
improvement program for Scripps Poway Parkway East.
Notices of
public hearing were mailed to property owners on January 30, 1995, in accordance with
Code of Civil Procedure 1245.235.
Rt Staff recommends that the City Council make the appropriate
findings and adopt the attached of Necessity directing the City Attorney to
acquire the necessary right-of-way for of the Scripps Poway Parkway East
mg
~CTION: Continued to~a~rch 14, 1995 on recommendation of the City Attorne
Marie Lo Deputy y , erk
MAR 1 4 1995 ITEM .6
1 of 8 FEB 2 8 1995 ITEM 9 ,
' AGENDA REPOR
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
Bower~
FROM:
James
L.
Stephen M. ~s, City Atto~
~A~D
BY:
C~ol T. B~ks
DA~: Febm~, 1995
S~JECT: Re~lufion of N~essity of the City of Poway, C~ifomia, F~ding ~d
Determining ~e Necessity that Cern Pro~y be Acquir~ Under
Eminent Dom~n Pr~ings; Directing the City Attorney to
C Cou~ Action for S~d Pu~se.
~ng -- APN 324-010-70 -- P~i~ T~ng)
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 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 ~atible with both the public ' :1 the
least injury to private property
The property to be acquired, approximately 57.58 lineal feet of unimproved land
owned by Stephen P. King and Marjorie L. King, is part of a 8.61 acre parcel located east of
State Route 67 and north 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. Acquisition of right-of-
way access rights along State Route 67 is necessary to comp] of the Scripps
ACTION:
See Summary Sheet
MAR 1 4 1995 ITEM .6
2of8
Poway Parkway East iml: This taking would effect the existing Rio Maria Road
to State Route 67. However, since Rio Mafia Road will be realigned as part of
the Parkway project, the realigned Rio Maria Road will serve the remainder of the subject
property.
An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $100 for the right-of-way access rights 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 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;
CO) 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;
Co) 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.
MAR141995 ITEM 6
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FEB g8 1995 ITEM 9
EN' 'AL REVIEW:
No further review is necessary. The Final E Impact
Report was certified on February 8, i994.
FISCAI
The appraised value is within the budget for the Parkway project. Funds already are
set aside for the acquisition and of the Parkway.
ADDYI CE:
Notices of public hearing were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
N:
Staff :Is:
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 right-of-way access.
Attachments: legal description, map
MAR 14 1995 ITEM
4 of 8 FEB g 8 1995 ITEM
I (WE)
~ ) OF
PARCEL I
IT
HEREIN.
TAKE
-- TIME.
MAE ]-4 1995 ITEM 6 '
5 of 8 FEB 2 8 1995 ITEM 9 ,,
APN 324-010-71 -
( 832.00' PM 143'77) ~.// \\ .r~',,, No. 6641 /,
(312.00' PM 14377)
SCALE: 1" = 1.,00' ~
~,~._ '---.. ~ ,7 %. --
ACCESS RIGHTS ' ~ ''~ "" ~ 6, ACCESS TO
REUNQUISHED HEREON "') / ") (wr~IN ~Is'nNc R~O
~'~ ~ IP ) i / )ROd)
· 18486 (: !
........... i '" "'""520; 13'"'"' _
~-,,." -- 436.63" (~436.62' PM 7118)
~IO.~-MA.RIA_---ROAD~.' ~ ~ '-~ ilo MARIA RD.
"~,, "--...._.._~,-.~ ., ..;--' . , ~
873.20"
,.
REAUGNED ~ '\' ~ ½
~0 ~' ROAD TO JB[ ~/ '
TO th£ COUNTY /' ~
~ F.,.SAN EGO FOR PU~iUC -.,..-..,
ACCESS RIGHTS REUNQUlSHED. J~AR 1 ~ 1995 ITEM 6
~'~L.~' ~ CI'F¥OF POWAY AX PAR. NO. 32¢-010-70
78o8 Convoy Court Sui~ 2OO ACCESS, PARCEL 1, PM 14577 '"
so. co fo ,io EXHIBIT "B"
6 of 8 s~9/268-8o8o SHEET I OF 1
NO.
OF THE CITY OF POWAY
FINDING AND THE
THAT CERTAIN REAL BE ACQUIRED
UNDER EMINENT DOMAIN
THE CITY TO
A COURT ACTION FOR SAID
~AY PARKWAY
(King -- APN -- Partial 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 to Section 37350.5
of the Code.
SECTION 2: That the public use for which the hereinafter
is to be taken for -- the
easterly of Scripps Poway Parkway to State Route 67, in
the City of Poway and County of San Diego.
SECTION 3: That the general and extent of the
property to be taken by eminent domain is set forth in
a of said hereto as Exhibit "A" and
is herein by this
SECTION 4: That the to be taken in said property is
a access 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 y 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 with the public good and the least
private injury, as the of the roadway follows
lines that reduce costs, and other
adverse impacts to private ,
(c) The property in this is
for the Project in order to provide access rights for the
public , 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 each person whose is to be by
MAR 1 4. 1995 ITEM .6
7 of 8 FEB 28 1995 ITEM 9
eminent domain and whose name and address appears on the last
eq County roll has been given notice and a
to appear and be heard on the matters
to in section 5 above.
SECTION 7: That the City Attorney 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 and 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
1995.
MAYOR
ATTEST:
K. CITY CLERK
]~AR 1 ~. 1995 ITEM
FEB 20 1995 r~'E~