Item 7 - Resolution of Necessity of City Eminent Domain ENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
BY: Stephen M. Eckis, City Attorney
Carol T. Banks
DATE: FebruaryZS, 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.
(Poway FTC 142 Limited Partnership -- APNs 324-070-03,324-011-03
-- Partial Takings)
Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 8.89 acres of undeveloped property for roadway purposes
and 13.74 acres of undeveloped for slope and drainage located south of the
Parkway and west State Route 67, in the County of San Diego, be acquired under
eminent domain proceedings for th of the Scripps Poway Parkway East
ENVIR¢ IMENTAL REVIEW: The Poway City Council certified the Final
Impact Report for the Scripps Poway Project East on February 8, 1994.
,CT: 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.
±
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
ACTION~nue. d to~~5 on recommendation of the City Attorney
Marie Lofton, Deputy y Clerk
1 of 15
FEB 28 1995 ITEM 10
"-- AGENDA REPOR
CITY OW Y
TO: Honorable Mayor an_dOMPem]gers o~he City Council
FROM: James L. Bowe~ .
INITIATED BY: Stephen M. Eclds, City Attorney
Carol T. Banks, Assistant City Attorney
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.
(Poway FTC 142 Limited Partnership -- APNs 324-070-03,324-011-03
-- Partial Takings)
BA
The City Council approved the Scripps Poway Parkway East project in 1991 and 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 :l 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 I, M 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 22.63 acres of unimproved land owned by
Poway FTC 142 Limited Partnership, is located on two parcels with a combined acreage of
142.69 located west of State Route 67 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 Exhibits "A" and "B" show, the subject parcels are located southwest of the
eastern ? the Parkway. The Parkway will traverse both parcels. A taking of 8.89
acres as a right-of-way is necessary to construct Parkway improvements through both
parcels. A taking of 13.74 acres is necessary for slope and drainage easements appurtenant
to the Parkway.
ACTION:
See Summary Sheet
~AR 1 4 1995 ITI=I~
FEB g 8 1995 ~]'1~]~ 10
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An appraisal prepared by a competent, independent appraiser indicates that total just
._ compensation is $255,100 for the purchase of a right-of-way in fee simple and
An offer to purchase was made to the property 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;
(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.
_.. FII~ :
(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.
ENVIRONMENTAL REVIEW:
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.
MAR 1 J. 1995 ITEM 7 ,
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TI'It NOTIFIC,a N AND CORRESP( E:
Notices of public hearing were mailed to property owners on January 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
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 the easements in perpetuity for slope and
drainage.
Attachments: legal descriptions, maps
Letter from property owner's attorney
MAR 1 4 1995 ITEM 7
¢ of 15 FEB g8 1995 ri'EM 10
EXHIBIT "A"
67
3RTHWEST C,. 3UTHEAST QUARTER OF SECTION 15, 14
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101.43 FEET;
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1.00008668
MAR 1 4 1995 ITEM 7 ,
6 o1' 15 FEB 2 8 ?995 ITEM 10 ,
APN 324-011-14
PER LS 71 ROS 9859)
SEE Pk4 9~61 805 S8 '46'49"[
SCALE: 1" =200'
FEE ACQUISITION~
~< ~ 1.84 AC
SLOPE EASEMENT ~~
- SW 1/4 OF
$~ 1/4 OF
- TI4S, RIW
80VLEe~lne~Rtn6 cm~ OF POWAY AX PAR. NO. 324-070-03
'~ SCRIPPS POWAY PKWY
7808 Convoy Cour( Suite 200
...... ~,~,o~ ~2~ EXHIBIT "B"
68-8080 SHEET 1
7 of 15
EXHIBIT "A"
SECTION 15,
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PAGE l OF 4 [~AR 3. 4 1995 ITEM 7
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MAR 1 A 1995 ITEM 7
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MARIA1995 ITEM 7
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i /~ ,\ "/ NOi DELTA ~ I ~C
! , RADIUS LENGTH
\ ~ ~ C1 06'34',~1" ] 3000 00' 344 28'
~ 4.97 AC
FEE AQUISITION ~ ~ ~ S~O~
~ 12.29 AC ~
SLOPE EASEMENT~ ~ A
~ 0.25 AC *
ORAINAGE EASEMENT
· ARIA OF 0RAINAGE ESMT
WITH SLOPE EASEMENT.
~
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BOWLE~n~InEE~In~ CI~ 0F POWAY AX PAR N0. 324-01 ~-03
7808 Convoy Court Suite 200 SCRIPP~ POWAY PKWY
mia 92111 EXHIBIT "B"
z~ of ts ~-ao~o s~ 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
SCRIPPS POWA¥ PARKWAY
(Poway FTC 142 Limited p
-- APNs , 324-011-03 --
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 ~s, to Section 37350.5
of the Code.
SECTION 2: That the public use for which the
property is to be taken for roadway -- the
easterly of Scripps Poway Parkway to State Route 67, in
the City of Poway and County of San Diego.
SECTION 3: That the gen ral and extent of the
- y to be taken by eminent omain p is set forth in
a description of said property hereto as "A" and
"B" and are herein y this
SECTION 4: That the to be taken in said
are a rig' access in fee simple for public roadway
and for slope and
SECTION 5: That the City Council of the city of Poway hereby
finds, and that :
(a) The public and require the as
the Scripps Poway Parkway is y for the orderly and
improved flow of traffic;
(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
top lines that reduce costs, and other
adverse impacts to private ,
(c) The in this is
for the as the project will the ,
and
(d) The offer by Section 7267.2 of the
Code has been made to the property owner(s) of record.
MAR141995 17EM 7
13 of 15 FEB 2 8 1995 17EM 10
SECTION 6: That in with Code of Civil
Section 1 45.235, each person whose property is to be by
eminent omain and whose name and address appears on the last
eq County roll has been given notice and a
e opportunity to appear and be heard on the matters
referred 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 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
February, 1995.
MAYOR
ATTEST:
K. CITY CLERK
MAR 1 4 1995 ~,'7<".TM 7
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FEB g 8 1995 I'[EM 10 ~
MCCANN t~ CAR. R. OL/
February 13, 1995 R E C E I V E D
FEB 1,5
Cl~ OF POWAY
City Clerk CI~ 2E
City of Poway
13325 Civic Center Ddve
Poway, C~fomia 92074
Re: The Scripps Poway P~ay Proj~ffAPNs 324-070-03 ~d 324-011-03
Dear Clerk of the City of Poway:
I am legal Counsel to Poway FTC 142 Limited Partnership, ~e property about which
the City of Poway intend to adop ~ necessity to acq[ real property. The
owners object to the taking, and request the opportunity to be heard at your public hearing
presently scheduled for February 28, 1995 at 7:00 p.m. Will you please be so kind as to
schedule, allow, and/or note on the agenda the appearance of the owner, and me as their legal
counsel?
Thank you in advance for your cooperation.
Very truly yours,
McCANN & CARROLL
Kevin E. McCann
KMc:cgb
cc: Client
MAR 1 4 1995 ITEM 7
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