Item 10 - 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 ~
Tamara A. Smith, Assistant City Attorney
DATE: April 18, I995
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
Commence a Court Action for Said Purpose.
(Thomas -- APN 314-650-26 -- Partial Taking)
ABSTRACT: Staff recommends that the City Council adopt the attached Resolution of
Necessity that approximately 6,670 square feet of property located near the terminus of
Midland Road, north of Twin Peaks Road, in the City of Poway, County of San Diego,
California, be acquired under eminent domain proceedings for the construction of the
Midland Road Sewer Easement Project, Phase I.
ENVIRONMENTAL REVIEW: A draft extended initial study for the project is being
circulated; a hearing is to be scheduled in April. No separate review is required for the
acquisition of the property.
FISCAL IMPACT: Funds for this project have been budgeted with the overall
improvement program for the Midland Road Sewer Easement Project, Phase I.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE: Notices of
hearing were mailed to property owners on March 22, 1995, in accordance with Code of
Civil Procedure 1245.235.
RECOMMENDATION: 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 construction of the Midland Road Sewer Easement
Project, Phase I.
ACTION:
1 of 9 APR 1 8 t995 ITEM 10
: AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bower~~)
INITIATED BY: Stephen M. Eckis, City Attorney
Tamara A. Smith, Assistant City Attorney~
DATE: April 18, 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
Commence a Court Action for Said Purpose.
(Thomas: APN 314-650-26 -- Partial Taking)
BACKGROUND:
The City has been acquiring the easements necessary to construct a portion of the
sewer from the Del Poniente sewage pump station to the gravity sewer located in Midland
Road at Orange Blossom Lane. City was able to come to an equitable agreement with all of
the affected property owners except this one. Staff met with the owner's representative on
several occasions and spoke with the owner once in an attempt to reach an agreement.
The proposed project involves the construction of approximately 2,660 feet of eight
inch diameter sewer line which will begin at the intersection of Midland Road and Orange
Blossom Lane and extend on a general northerly alignment where it will terminate at the
southern boundary of the approved but undeveloped Huntington Ridge (Unit 3) residential
subdivision. Private development will extend the sewer to the pump station in the future.
Ultimately, the construction of this sewer will eliminate the annual maintenance of the pump
station and periodic repair. Its removal also eliminates the potential for a sewage spill during
a power outage or pump failure. Staff has worked on this project for several years. We
expect it to go out for bid in April, the contract to be awarded in June, and construction to
begin in August, 1995.
The property to be acquired, approximately 6,670 square feet of unimproved land
owned in trust by Leonora Pierotti Thomas, Trustee for the Leonora P. Thomas Trust, is
part of a 5.52 acre parcel located near the terminus of Midland Road, north of Twin Peaks
Road, in the City of Poway, County of San Diego, California.
ACTION:
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APR 1 8 1995 ITEM 10
Agenda Report
-- March 29, 1995
Page Two
As Exhibit A-1 through A-3 shows, the subject property is located near the terminus
of Midland Road, north of Twin Peaks Road. Acquisition of right-of-way easement rights is
necessary to complete construction of Midland Road Sewer Easement Project, Phase I.
An appraisal prepared by a competent, independent appraiser indicates that total just
compensation is $1,214.00 for the right-of-way easement access rights. An offer to purchase
was made to the property owner pursuant to Government Code Section 7267.2. A notice of
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;
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 Government 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.
FINDINGS:
(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 Government Code Section 7267.2 has been made to the
owners of record.
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Agenda Report
March 29, 1995
· Page Three
ENVIRONMENTAL REVIEW:
A draft extended initial study for the project is being circulated; a hearing is to be
scheduled in April. No separate review is required for the acquisition of the property.
FISCAL IMPACT:
The appraised value is within the budget for the Midland Road Sewer Easement
Project. Funds already are set aside for the acquisition and construction of the sewer line.
..ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCi i:
Notices of hearing were mailed to property owners on March 22, 1995, in accordance.
with Code of Civil Procedure 1245.235.
RECOMMENDATION:
Staff recommends:
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 right-of-way access.
Attachments: legal description, map
4 of 9 APR 1 8 1995 ITEM 10
RESOLUTION NO,
RESOLUTION OF THE CITY OF POWAY
FINDING AND DETERMINING THE NECESSITY
THAT CERTAIN PROPERTY BE ACQUIRED
UNDER EMINENT DOMAIN PROCEEDINGS;
DIRECTING THE CITY ATTORNEY TO COMMENCE
A COURT ACTION FOR SAID PURPOSE.
(Thomas: APN 314-650-26)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA AS FOLLOWS:
SECTION 1: That the City of Poway is authorized to acquire property by eminent
domain proceedings, pursuant to Section 37350.5 of the Government Code.
SECTION 2: That the public use for which the hereinafter described property is to be
taken is for roadway purposes, together with all appurtenances to render said improvement
complete and workable, for the Midland Road Sewer Easement Project - Phase I project, in the
City of Poway and County of San Diego.
- SECTION 3: That the general location and extent of the property to be taken by said
eminent domain proceedings is set forth in the descriptions of said property attached hereto as
Exhibit "A", and by this reference incorporated herein the same as if set out in full.
SECTION 4: That the interest to be taken in said property is a fight of way for public
sewer and construction.
SECTION 5: That the City Council of the City of Poway hereby finds, determines and
declares that:
(a) The public interest and necessity require the Project;
(b) The 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 this resolution is necessary for the
Project;
(d) The offer required by Section 7267.2 of the Government Code has
been made to the owners of record.
5 of 9 APR i 8 1995 ITEM 10
RESOLUTION NO.
Page Two
SECTION 6: That in accordance with the Code of Civil Procedure Section 1245.235,
each person whose property is to be acquired by eminent domain and whose name and address
appears on the last equalized County assessment roll has been given notice and a reasonable
opportunity to appear and be heard on the matters referred to in Section 5 above.
SECTION 7: That the City Attorney of the City of Poway be and he is hereby
authorized and directed to commence an action in the Superior Court of the State of California
in and for the County of San Diego in the name of and on behalf of the City of Poway against
all owners and claimants of the above-described property for the purpose of condemning and
acquiring said interest therein for the use of the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California at a regular meeting thereof this day of , 1995.
DON HIGGINSON, Mayor
ATTEST:
MARJORIE K. WAHLSTEN, City Clerk
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APR 1 8 1995 ITEM 10
NORTHV ~ COR /
PLAT TO ILLUSTRATE ~,~cE~_, ~.~. ,o~28 ,
SEWER EASEMENT NOO'20'35'W
188.83'
LEGAL DESCRIPTION
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8 of 9 APR [8~TE~ tO
An easement for the installation and maintenance of sewer mains and appurtenances over,
under, along and across that po~on of the North 500.00 feet of the West 480.00 feet of the
South 23 Acres of the Northeast Quarter of the Southeast Quarter of Section I, Township 14
South. Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State
of California, according to United States Government Suc~ey approved September 11, 1879,
that lies within the following described strip of land:
A 20.00 foot wide su-ip of land lying 10.00 feet each side of and parallel with the following
described centerline:
Commencing at the Northwest corner of Parcel 1 of Parcel Map No. 11020 filed in the Office of
the County Recorder of said County on February 26, 19~1; thence along the North line of said
Parcel 1 South gg°42'13" East. 342.16 feet to the begin.i.g of the herein described centerline;
thence leaving said North line along said centerline North 24°12'00" East, 300.00 feet; thence
North 20053'00" East, 33.$2 feet to the West line of Parcel 1 of Parcel Map No. 1052~, filed in
the Office of the County Recorder of said County on October 2, 1980, said point bears South
0°20'35" East, 158.83 feet from the Northwest corner of said Parcel 1.
The sidelines of said 20.00 foot strip of land are to be lengthened or shortened to begin in the
North line of Parcel I of Parcel Map No. 11020 and terminate in the West line of Parcel 1 of
Parcel Map No. 10528.
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EXHIBIT