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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[ [tAR141995 ITEM 8 2of8 : '( 5 ; 'EM 11 ~ 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. gAR 1,~ 1995 ITE~,~ 8 3 of 8 FEB g 8 1995 ITEM 1 1 ~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 MAR141995 ITEM 8 4 of 8 FEB 28 1995 ITEM 11 FEE ACQ 67 ' A. PARCEL, 145 MAP 9261. (NAD83~ 18" .3 1.00008668 r) PAGE 1 OF 1 5 o~ 8 FEB28~995 ri'EM 11  ~ 51YO2'30"E CENTER OF SECTIC / 2265, 344~ / / / RECORDED SEPT. 4 1979 / ~ ,~ ~ AS F/P NO. 79-]~0081 0.R. / / / 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 ~IAR 1 4 1995 ITEM 8 7 of 8 FEB ~, 8 1995 I'I'EM 1 1 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