Item 8 - Resolution of Necessity of City Eminent Domain AGENDA REPORT SUMMARY
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
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
C Court Action for Said Purpose.
('Fisher Enterprises -- APN 324-011-14 -- Partial Taking)
Staff recommends that the City Council adopt the attached of
Necessity that approximately 1.13 of unimproved property for roadway purposes, located
north of the proposed Parkway and west of State Route 67, in the County of San Diego,
be acquired under eminent domain proceedings for tl~ of the Scripps Poway
Parkwa~ East
VIEW: The Poway City Council certified the Final
E Impact Report for the Scripps Poway Project East on February 8, 1994.
Funds for this project have been budgeted with the overall
improvement program for Scripps Poway Parkway East.
A[ DENCE: 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 of Necessity directing the City Attorney to
acquire the necessary right-of-way for of the Scripps Poway Parkway East
img
ACTIQN:Continued to March 14, 1995 on recommendation of the City ^ttorney.
Marie o ton, epu y ity Clerk
i of 8 MAR 1 4 1995 ITE 8
FEB 2 8 7393 II'EM 1 1
'- AGENDA REPOR'
CITY OF P O WAY (~%
TO: Honorable Mayor and Members of the City Council ~~
FROM: James L. Bower~~
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
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.
(Fisher Enterprises -- APN 324-011-14 -- Partial Taking)
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 :1 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 1.13 acres of unimproved land owned by
Fisher Enterprises, is part of a 30.74 acre parcel located north of the proposed Parkway and
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 Exhibit "B" shows, the subject property is located northwest of the eastern
terminus of the Parkway. A taking of 1.13 acres in right-of-way is necessary
Parkway improvements through both parcels.
ACTION:
See Summary Sheet J[
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An appraisal prepared by a competent, independent appraiser indicates that total just
_ compensation is $7,910 for the purchase of a right-of-way in fee simple. An offer to
purchase was made to the property owner pursuant to 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.
(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.
No further review is necessary. The Final E ' Impact
Report was certified on February 8, 1994.
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~L IMPA
The appraised value is within the budget for the Parkway project. Funds already are
set aside for the acquisition and of the Parkway.
AI q Al ;ORRESP~
Notices of public hearing were mailed to property owners on lanuary 30, 1995, in
accordance with Code of Civil Procedure 1245.235.
RECOM]
Staff ~s:
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.
Attachments: legal description, map
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5 o~ 8 FEB28~995 ri'EM 11
~ 51YO2'30"E CENTER OF SECTIC /
2265, 344~ /
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RECORDED SEPT. 4 1979 /
~ ,~ ~ AS F/P NO. 79-]~0081 0.R.
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1.13
AC.
FEE ACQUISITION ~
. ~ACCESS RIGHTS HEREON.
~OYL~I~RI~ CITY OF POWAY AX PAR. NO. 324-011- 14
7808 Convoy Court Suite 200 SR-67
SHEET 1 OF 1
6 of 8 s8-8o8o
NO.
OF THE CITY OF POWAY
FINDING AND THE
THAT CERTAIN REAL BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
THE CITY TO
A COURT ACTION FOR SAID
SC
(Fisher -- APN 324-011-14 -- Partial Taking)
BE IT BY THE CITY COUNCIL OF THE CITY OF POWAY,
AS
SECTION 1: That the City of Poway is to acquire
y by eminent domain 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 general and extent of the
to be taken by eminent domain is set forth in
a of said property hereto as Exhibit "A" and
is incorporated herein by this
SECTION 4: That the to be taken in said
are 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 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
topographical lines that reduce costs, and other
adverse impacts to private ,
(c) The property in this is
for the Project in order to provide a for the
roadway; 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
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eminent domain and whose name and address appears on the last
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 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
, 1995.
MAYOR
ATTEST:
K. CITY CLERK
8 of 8 MAR 1 4 1995
FEBg81995 ITEM 11