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
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- 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
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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.
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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
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/. 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' ~
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z SLOPE EASEMENT ~
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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.
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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
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