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Item 10 - Resolution of Necessity of City Eminent Domain AGENDA RT S ,RY TO: Honorable Mayor and Members of the City Council L. Bowersox, City Mana~ FROM: James INITIATED 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 C for Said Purpose. (Point Loma Nazarene College/Salisbury -- APN 323-110-28 -- Partial Taking) Staff ]s that the City Council adopt the attached Resolution of Necessity that approximately 5.31 acres of unimproved property for roadway purposes and slope and drainage located north of the proposed Parkway in the County of San Diego, be acquired under eminent domain proceedings for the of the Scri~ P( P~ kw: East im 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. 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 i ACTION: Continued to March 14, 1995 on recommendation of the City Attorne Marie Lofton, .~pu~y City Clerk 1 of io I~AR 14 1995 ITEM 10 - - FEB 28 1995 ITEM 13 , - AGENDA REPORS CITY OF POWAY TO: Honorable Mayor and Members of the City Council FROM: James L. 17 ~ INITIATED BY: Stephen M. Fa:ids, 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. (Point Loma Nazarene College/Salisbury Paxfial Talcing) Bt 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 :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 '~ the least injury to private property. The property to be acquired, approximately 5.31 acres of unimproved land owned by Point Loma NaT~ene College (Marilla A. Salisbury Trust), is a portion of a 9.99 acre parcel located north 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 fights of way and easements within the County for the Parkway. As Exhibit "B" shows, the Parkway will traverse the southeastern corner of the subject property. A partial taking of the property is necessary to construct the roadway and slope and drainage Specifically, 1.78 acres will be used for roadway purposes; ACTION: See Summary Sheet R1~1995 I']'EM 10 2 of 10 _ 1~s ITiF. M 13 3.37 acres for slope and 0.16 acres for drainage easements within the slope An appraisal prepared by a indicates that total just compensation is $110,100 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 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. No further review is necessary. The Final E Impact Report was certified on February 8, 1994. 3 of 10 I~AR 1 4 1995 ITEM 10 - FEB 28 1995 ITEM 13 ! CT: The appraised value is within the budget for the Parkway project. Funds already are set aside for the acquisition and of the Parkway. ADDI OT ,Tit ~ND CORi ONDENCE: Notices of public heating were mailed to property owners on Ianuary 30, t995, in accordance with Code of Civil Procedure 1245.235. )ATION: 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 Attorne'y to ~n~tiate the legal proceedings necessary to acquire the road right-of-way and slope and drainage Attachments: legal description, map ~AR 14 1995 ITEM 10 4 of 10 FEB281~,~5 ITEM 13 , ,AND Q Q ! 1876, 124-FOOT RADIAL A ~ Q 14 1 ALONG THENCE IiIAR 1 4 1995 ITEM 10 PAGE I OF 3 5 of 10 FEB ~Z8 1995 ITEM 13 ,, A Q Q 1~ ! 113.53 FEET; 19 FEET; Q i 1876, OF 18. Q Q I 1876, OF BAR 14 1995 ITEM 10 6 of l0 FEB g81995 ri'EM 13 A 18-2. 18" .3 1.00005841 TO DATE: MAR 1 4 1995 I'l'EM 10 7 of 10 PAGE3OF3 FEB g8 1995 iTEM 13 ' /. NO. DELTA RA01US LENGTH .-~' APN 525-080-05 ]7 ~ NSg'~3'53"W 25~756' ROS 9942 / I Z ~ o / (540.27' DEED)  ~ z ~ b ' (N89'36 OO"W 540,27' PM 5750) ( ~ O APN 323- 110-59 SCALE: 1"=200' ~ ~ ~ FEE ACQUISITION~ O ~ ~ 3.57 AC z SLOPE EASEMENT ~ 0.15 AC* ~ 0 ~5555::5~ 0 ~ DRAINAGE EASEMENT ~-~~ L i~l (ss.'~ oo"~ ~o.oo' ~. ~7:o) BO~EEn~InEERInG C[~ 0F POWAY AX PAR N0. 323-110-28 on SCRIPPS POWAY PKWY 7808 Convoy Court Suite 200 SHEET 1 OF 1 8 0f 10 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 WAY PARKWAY (Point Loma College/ f -- APN 323-110-28 -- 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 p to Section 37350.5 of the Code. SECTION 2: That the public use f~r which the described 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 location and extent of the to be taken by eminent domain is set forth in a of said hereto as Exhibit "A" and is incorporated herein by this SECTION 4: That the to be taken in said are a in fee simple for public roadway and for slope and purposes; 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 topoq lines that reduce costs, and other adverse impacts to private property; (c) The in this is for the Project, as the roadway will the , and (d) The offer required by Section 7267.2 of the Code has been made to the property owner(s) of record. ~IAR 1 A 1995 ri'EM 10 _ 2 8 1995 ITEM 13 9 of 10 -- SECTION 6: That in with Code of Civil Section 1245.235, each person whose is to be by 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 of the City of Poway be and is hereby and t6 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 of and said ' therein for the use of by the city of Poway. PASSED, AND by the city Council of the City of Poway, at a regular meeting this 28th day of , 1995. MAYOR ATTEST: K. CITY CLERK MAP, 1 4:1995 17E~ 10 lO. of lO-- FEB 28 1995 ri'EM 13 ~