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Item 9 - Resolution of Necessity of City Eminent Domain AGENDA RE RT 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. t3anks DATE: FebruaryzS, 1995 SUBJECT: Resolution of Necessity of the City of Poway, California, Finding and Determining the Necessity that Certain Property be Acquired Under Proceedings; Directing the City Attorney to C Court Action for Said Purpose. (SANREX CO., LTD Partial Takings) Staff ~s that the City Council adopt the attached Resolution of Necessity that approximately 39.20 acres of unimproved property for roadway purposes and slope and drainage located north and south of the proposed Parkway and west of State Route 67, in the County of San Diego, be acquired under eminent domain pi oceedings for t~ of the Scripps Poway Parkway East img E~ 'IEW: The Poway City Council certified the Final E Impact Report for the Scripps Poway Project East on February 8, 1994. iL IMPACT: Funds for this project have been budgeted with the overall improvement program for Scripps Poway Parkway East. :E: Notices of public hearing were mailed to property owners on January 30, 1995, in with Code of Civil Procedure 1245.235. ~IMENDATION: 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 'r ACTION: Continued t~ch.14, 1995 on recommendation of the City Attorney , epu'y ..ity Clerk 1 of 19 MAR 1 4 1995 ITEM 9 FEB g8 1995 ITEM12 CITY OF POWAY TO: Honorable Mayor and Members of the City Council \'~,~ / Bowera~ '~ '~' ~ ~ FROM: James L. INITIATED BY: Stephen M. Eclds, City Attorney Carol T. Banks DATE: FebruaryZ8, 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. (SANREX CO., LTD -- APNs 323-080-03, 323-080-04, 323-110-59 -- Partial Takings) The City Council approved the Scripps Poway Parkway East project in 1991 and certified the Fine ' 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 ahgnment 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 39.20 acres of unimproved land owned by SANREX CO., LTD, is part of a three parcels with a combined acreage of 532.29 located north and south of the proposed Parkway 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 the exhibits show, the Parkway will traverse the subject properties. A partial taking of the properties is necessary to construct the roadway and slope and drainage Specifically, 9.83 acres will be used for roadway purposes; 28.844 acres for slope and 0.53 acres for drainage easements within the slope ACTION: See Summary Sheet 1 4 1995 ITEM 9 FEB 2 $1995 ITEM 12 2 of 19 An appraisal prepared by a competent, independent appraiser indicates that total just compensation is $357,900 for the purchase of a right-of-way in fee simple and permanent slope and drainage An offer to purchase was made to the property owner pursuant to 6 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 ' ~ 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 of Necessity is necessary for the proposed project; and (d) The offer required by 6 Code Section 7267.2 has been made to the owners of record. No further review is necessary. The Final £ Impact Report was certified on February 8, 1994. MAR 3. A 1995 ITEM 9 3 o¢ 19 'FEB 28 1995 ITEM 12 , AL Z : The appraised value is within the budget for the Parkway project. Funds already are set aside for the acquisition and of the Parkway. rlO~ 'IFICATION ) COR DENCE: Notices of public hearing were mailed to property owners on January 30, 1995, in accordance with Code of Civil Procedure 1245.235. 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 and slope and drainage Attachments: legal description, map ~AR 1 4 1995 ITEK~ 9 4 of 19 FEB 28 1995 I'j'r- 12 , FEE ACC: ,AND ~L MARCH 24, ALONG ) RADIAL ~, MARCH 24, FEET 5730; ~, MARCH 24, 17; THENCE PAGE I OF 2 ~AR 1 4 1995 9 · 5 of 19 FEB ;~ 1995 ri'EM 12 106.43 FEET; WEST , THENCE PARCEL 17; 41 FEET MEET 17. (NAD83; 18" .3 DATE: 6 of 19 'rEtVi 9 FEB 28 1995 EC CORN[R ~ (N89'~ 15"W 2597.03' l~ ~ FO 3/4" IP~ ~ , ~(N89'23'53"W ~5975~' APN ~2~-110-28 ~ ~ 0.71 AC FEE AQUISITION ~ SLOPE EASEMENT~ & DRAINAGE EASEMENT · AREA OF DRAINAGE ESMT WiTH SLOPE EASEMENT. NO B~RING LENGTH [ BOFLE ERGInEERI~G 7808 Convov Court Suite 200 CRIPPS POWAY PKWY Q ~6, ~ 16, RADIAL Q Q 16. !.47 I4 1 ALONG FEET; Q 16; TO PAGE ! OF 7 ~AR 1 4 1995 ITEM 9 8 of 19 FEB 28 1995 ITEM 12 16; OF 683.45 FEET TO THE POINT OF BEGINNING. , THENCE Q i MEET AT 16 AND q 1 PAGE 2 OF 7 MAR 1 4 1995 ri'EM 9 9 of 19 FEB 28 1995 ITEM A A 19-I. fi ~ 14 SOUTH, RANGE 1 PL, 124- Q AND SECTION PAGE 3 OF 7 NAR 1 A 1995 ITEM 9 lO of 19 FEB 28 1995 I']'~_.M !2 ~ Q Q - Q 16, 1 OF SAN 16; ALONG 1,298.63 FEET; Q Q ,216.99 Q FEET; FEET; WEST THENCE FEET; Q Q A Q ~ 1 OF SAN 16; ALONG Q THENCE MARiA 1995 ri'EM 9 i1 of 19 - FEB ~.O 19% ITEM 12., Q 16; WEST THENCE FEET; A C~ C. 14 SOUTH, RANGE 1 PL. 16; FEET; 16. SECTION 16, I FOLLOWS: 16; PAGE 5 OF 7 ~2 of ~9 MAR1419~5 ri'E~ 9 FEB 2 8 1995 ITEM 12 16-2. Q I 16; FEET; MEET 16; 16-2. Q Q I PAGE 6 OF 7 MAR 1 ,l 1995 r'i'F..M 9 13 of ].9 - FEB 28 1995 ITEM 12. ', A 16; Q SECTION 16, 1 FOLLOWS: 16; 14.06 FEET, 16; ~. 16. (NAD83] 18" .3 PAGE 7 OF 7 ~IAR 1 4 1995 ITE,.'VJ 9 14 of 19 -- FEB 28 1995 ITEM 12 , ,' NO BEARING LENGTH FEE ACOUISITION~ ~ 6.79 AC ~ o.~9 AC, DRAINAGE ESMT ~ ~ ~s~s~o'~¢[ ~.~,.¢ .~% E~. ~2-~-~5 No. 6641 o~ ~o~ / ~ / ~ ~e~-O~o. / / ~e sDc~ s~c c~ / BO?L~ En6inEERin~ CITY 0F POWAY AX PAR. N0. 325-080-0 7RnR C~vov Court Suite 200 SCRIPPS POWAY PKWY '~ ~:~ EXHIBIT "B" 15 of 1'9 %~-~o8o SHEET 1 ~ ~/4 OF SW I/4 ©E FEE ACQUISITION~ ~ 20.50 AC SLOPE EASEMENT ~A~ o.6 AC(0.S *) DRAINAGE EASEMENT ~~~ ~~~ , AREA F DRAINAGE ~AS~M~NT WITH SLOPE EASEMENT. ;" ~ TA RAO LEN ~ s'4 o' 4'3 0 O' ? )7928' ~.~ %~ SCALE: 1" =200' SEC~ON 16 ¢ ~/ '~/ /S86'37'~ 'W 375.07' ~ ~58159'l¢~EFDl{.4 IpCORNER N89'50'~D"W 2597.03' ROS 8135) SDC~ N89'23'55"W 2597.56' R0S 9942) % I ~ ' r ~ (lt~6,77' PM FO 2" ~P SocE ~%~' LS 1544 NOT ACCEPTE ao~LE En~lnEE~tnu Cl~ 0F POWAY AX PAR. N0. 323-080-04 7Ro~ Convoy Court Suke 200 SCRIPPS POWAT PKWY A,~/~ , 29'43 No. 6641 ~ · SEc SHEET 2 BOYLE En~InEEBI~ Cl~ OF POWAY AX PAR. NO. 323-080-04 'on 7808 Convoy Caurt Bui~e 200 SCRIPPS POWAY :~i~ ~:u~ EXHIBIT" 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 SWAY (SANREX CO., LTD. -- APNs 32~ , 32~ , 323-110-59 -- Partial Takings) 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 property is to be taken for roadway purposes -- 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 are a in fee simple for public roadway and a for slope and drainage 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 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 in this is or the Project in order to provide and slope and with ~he which will the , and (d) The offer by Section 7267.2 of the Code has been made to the owner(s) of record. 18 of ].9 MAR 1 ,L 1995 I'I'EM 9 - FEB 28 1995 ITEM 12 SECT ON 6: That in with Code of Civil Section each person whose is to be by - eminent omain and whose name and address appears on the last County roll has been given notice and a reasonab e opportunity 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 authorized 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 MAR 1 ,~ 1995 iYS,.'VJ 9 , 19 of 19 FEB 2 8 1995 I']'~M 12