Item 11 - 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~~)
BY: Stephen M. Eckis, City Attorney
Carol T. Banks C/~
DATE: FebruaryZ8, 1995
SUBJECT: Resolution of Necessity Finding and D the Necessity to
Acquire Certain Property in the City of Poway by the City of Poway
by Eminent Domain Proceedings; Directing the City Attorney to
C Court Action for Said Purpose.
(Pallas Sprague -- APN 323-100-05 -- Partial Taking)
Staff recommends that the City Council adopt the attached of
Necessity that approximately 25.67 acres located near the South Poway Business Park in
the City of Poway be acquired under eminent domain proceedings for of the
Scripps Poway Parkway iml:
The Poway City Council certified the Final
E Impact Report for the Scripps Poway Project East on February 8, 1994.
F . IMPACT: Funds for this project have been budgeted with the overall
improvement program for Scripps Poway Parkway East.
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 that the City Council make the appropriate
findings, adopt the attached Resolution of Necessity, and direct the City Attorney to
acquire the necessary right-of-way and easements for of the easterly
e tension of Scripps Poway Parkway East imp
ACTION: Continued to March 14, 1995 on recommendation of the City
Attorney.
Marie Lofton, D~pu~y ity Clerk
1 of 14 ~IAR 1 4 t995 ITE~ 1-t-
- FEB 2 8 1995 F£1::M ~'~#' ,,
- AGENDA REPORS
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
James L. Bower~)
FROM:
INITIATED BY: Stephen M. Eckis, City Attorney
Carol T. Banks
DATE: February/8, 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.
(Pallas Sprague -- APN 323-100-05 -- Partial Taking)
The City Council approved the Scripps Poway Parkway project in 1991 and certified
the Final F Impact Report for the project in 1994. The Parkway will connect
Interstate 15 with State Route 67, just south of the existing Rio Mafia Road. The Parkway is
expect~t 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 Scripps Poway 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 ?atible with both the public interest and the least injury to
private property.
The property to be acquired, approximately 25.67 acres of unimproved land owned by
Frieda Elizabeth Pallas Sprague, is part of a larger parcel of 108.33 acres located north of
Beeler Canyon Road and west of Sycamore Canyon Road, in the City of Poway. According
to the South Poway Community Plan, the property is designated for open space and
~' ~ustrial uses.
As Exhibit "B" shows, the Parkway will traverse the subject property, bisecting it
into two distinct parts. A taking of the following portions of the property is required to
ACTION: ~ I
See Summary Sheet
2 of 14 gAR 1995
complete the Parkway: 7.05 acres for roadway purposes; 17.48 acres for permanent slope,
_ drainage and utility and 1.14 acres for a temporary, two-year
easement adjoining the on the north side of the
An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $276,250 for the portions to be taken. 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;
(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 13 Code Section 7267.2 has been made to the
owners of record.
The attached of Necessity authorize the City Attorney to pursue
condemnation proceedings in the Superior Court of the State of California.
Fib :
(a) The public ' :1 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, as the proposed project traverses the subject property; and
(d) The offer required by G Code Section 7267.2 has been made to the
owners of record.
MAR 1 4 1995
3 of 14 FEB 2
EXHIBIT "A"
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En61nEERInO Clff OF POWAY AX PAR. NO. 325-100-05
7808 Convoy Court Suite 200 SCRIPPS POWAY PKWY
i1 of i4 268-8080 SHEET 1 . .~
NO TA RADIUS .ENGTH ~ /
CL~RE~D1FO 12' EASEMENT T
SDG&E FOR AERIAL UT~LUTIE:
REC D APRIL ~5. 1963
4
/
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¢O~LE E~I~EE~I~¢ CITY 0F P0WAY AX PAR. N0. 323- 100- 05
on
7808 co~oy Cou~t s~ite 200 SCRIPPS POWAY PKWY
12 of 14 268-8080
NO.
FINDING AND THE
THAT CERTAIN REAL BE BY THE CITY OF POWAY
UNDER EMINENT DOMAIN THE CITY
TO COMMENCE A COURT ACTION FOR SAID PURPOSE;
(Pallas Sprague -- APN 32~ -- 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 ~s, pursuant to Section 37350.5
of the Code.
SECTION 2: That the public use for which the
property is to be taken is a public roadway, together
with all to render said complete and
such as slope, and utility
for the imp with the of
Scripps Poway Parkway to State Route 67, in the City of Poway.
SECTION 3: That the general and extent of the
to be taken by eminent domain is set forth in
a description of said property hereto as Exhibit "A" and
is herein by this
SECTION 4: That the to be taken in said
are a ri9 y and in perpetuity for a public roadway
and slope, and utility as well as temporary
for purposes;
SECTION 5: That the City Council of the City of Poway hereby
finds, and that :
(a) The public and y 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 property in this is ~
for the Project in order to prov~d~ ,
slope/drainage/utility and habitat
with the Project, which will the ,
and
(d) The offer by Section 7267.2 of the
13 of 14 ~AR 14 1995 I'i'~.~ 11
FEB g 8 1995 ITF.
Code has been made to the property owner(s) of record.
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 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
14 of 14 FEB