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HomeMy WebLinkAboutCC RESO 13,544RESOLUTION NO. 13,544 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRES THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE: AND DELCARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY. (Lot 70, Horton's Purchase, Fig Court) (Alfredo B. and Julietta E. Gregorio ) BE IT RESOLVED by the Council of the City of National City as follows: SECTION 1: That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the construction, operation and maintenance of a public street across the certain parcel of real property located in the City of National City, County of San Diego, State of California, and fully described in Exhibit "A" here- to, which said Exhibit is attached hereto and by this ref- erence incorporated herein and made a part hereof as though set forth in full; SECTION 2: That the public interest, convenience, and necessity of said City and inhabitants hereof demand the acquisition and taking of fee title to said property for the construction, operation and maintenance of the aforesaid public street lying within the City of National City, County of San Diego, State of California; SECTION 3: That the 'property to be condemned, is fully described in Exhibit "A" attached hereto and incorporated by reference Section 1 above; SECTION 4: That the taking and acquiring of said City of the property described in Exhibit "A" hereto is deemed necessary for the construction, operation and maintenance of said public street by the City of National City and the in- habitants thereof for municipal purposes; that such uses are public uses and that for such public uses it is necessary that the City of National City condemn and acquire the property hereinabove described; that the property hereinabove described is to be used for the construction, operation and maintenance of the said public street; SECTION 5: That the City Attorney of the City of National City 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 and on behalf of the City of National City against all owners and claimants of the above described property rights for the purposes of condemning and acquiring said property rights for the use of said City. PASSED AND ADOPTED this ATTEST: Y day of April, 1981 CI TX CLERK Incorporation EXHIBIT "A" C4 Pages.)_ After recording Mail To: City of National City Civic Center 1243 National Avenue National City, California 92050 Attn: City Clerk recording requested by City of National City no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use 551-590-16 DART DEED FOR A VALUABLE CONSIDERATION, ALFREDO B. AND JULIETA E. GREGORIO HEREBY GRANT(S) to the City of National City, a municipal corporation, in the County of San Diego, State of California; all that real property situated in the City of National City, County of San Diego, State of California, described as follows: For street purposes, that portion of Lot 70, Horton's Purchase, Fig Court of San Diego, in the City of National City, County of San Diego, State of California, according to Map thereof Number 283, filed in the Office of the Recorder of San Diego County, March 9, 1878, described as follows: Beginning from the South-West corner of said Lot 70, North 00°04' 35" West, 334.13 feet to a concrete monument per Map Number 2227; thence North 00°01' 30" East, 214.94 feet; thence North 89° 58' East, 320.26 feet to the TRUE POINT -OF BEGINNING; thence North 89° 58' East, 143.54 feet; thence South 00°01' East, 30.00 feet; thence South 89°58' West, 133.50 feet; thence North 18°32' West, 31.63 feet to the TRUE POINT OF BEGINNING. Dated Witness to the signature(s) of By STATE. OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO. ) On this day of , 19 , before the undersigned, a Notary Public in and for the County of San Diego, State of California, residing therein, duly commissioned and sworn, personally appeared personolly known to me to be the person whose noire is subscribed to the within instrument as a subscribing witness thereto, by me being duly sworn, deposed and said that he resides in said County of San Diego, State of California; that he was present and sow personally known by him to be the same person .. described in and whose name(s) subscribed to the within instrument as party 'parties thereto sign and execute the some and that he, the affient, then and there subscribed his r.eme to the within instrument as a witness. IN WITNESS WHEREOF, I have hereunto set my hond and effixed my Official Seal the day and year in this certificate first above written. SEAL Notary Public in and for the said County and Stote CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property con- veyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Council per Resolution No. dated and the Grantee consents to the recorda- tion thereof by its duly authorized officer. Dated National City Engineering Dept. No. .4-9-$7...R-a.84-3) Ref........ ]g CQ rt By W.T. Date Aug. 79 Ckd. Date EXHIBIT "A" (Page 1 of 4 Pages) 34 551-490-/9 N- 8Q�-S8-• E r r /43.5¢ : . • g•• pop?. OF F/G COURT S51-590 -15 5- 89-.58" W S5/-590-16 P,4OPosEp STREET OPENING PARCEL 38,009 sQ. FT. TAKE 4, /5 4 SQ. FT NET 33, 8.54 SQ. FT; S5/-.590-i6 ALFREDQ B. AND JUL/ETA E. GREGOR/O /3 // D/V/S/oN STREET /VAT/OA/AL C/Ty , CA- 92050 R/GHT - OF-WAy F/G COURT ,JoB NO. 893 55/-590-08 4987 /81_3 - EXHIBIT "A" (Page 2 of 4 Pages) After recording Mail To: City of National City Civic Center 1243 National Avenue National City, California 92050 Attn: City Clerk recording requested by City of National City no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use 551-590-16 EASEMENT FOR A VALUABLE CONSIDERATION. ALFREDO B. AND JULIETA E. GREGORIO HEREBY GRANT(S) to the City of National City, a municipal corporation in the County of San Diego, State of California, a permanent easement and right-of-way to construct, reconstruct, maintain, operate and repair SLOPE including any or all apurtenances thereto, together with the right of ingress and egress, over, under, along and across all that real property situated in the City of National City, County of San Diego, State of California, described as follows: FOR SLOPE PURPOSES, THAT PORTION OF LOT 70, HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NUMBER 283, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: Beginning from the South-West corner of said Lot 70, North 00°04' 35" West, 334.13 feet to a concrete monument per Map Number 2227; thence North 00° 01' 30" East, 214.94 feet; thence North 89° 58' East, 463.80 feet; thence South 00° 01' East, 40.00 feet to the TRUE POINT OF BEGINNING; thence South 89° 58' West, 130.15 feet; thence North 18° 32' West, 10.54 feet; thence North 89° 58' East 133.50 feet; thence South 00° 01' East, 10.00 feet to the TRUE POINT OF BEGINNING. Dated Witness to the signature(s) of By STATE OF CALIFORNIA 1 1 SS. COUNTY OF SAN DIEGO. ) On this day of , 19 , before the undersigned, a Notary Public in and for the County of San Diego, State of California, residing therein, duly commissioned and sworn, personally appeared personally kr own to me to be the person whose name is subscribed to the within instrument as a subscribing witness thereto, by me being duly sworn. deposed end said that he resides in sold County of Son Diego, State of Californio; that he was present cnd sow personally known by him to be the same person described in and whose namels) subscribed to the within instrument as party -parties thereto sign and execute the some and that he, the affiont, then and there subscribed his name to the within instrument as a witness. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year in this certificate first above written, SEAL Notary Public in and for the said County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property con- veyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Council per Resolution No. dated and the Grantee consents to the recorda- tion thereof by its duly authorized officer. Dated National City Engineering Dept. No. 5016...(18.54-8.)..... Ref. Eig_.Gourtf..42747D By .W..TL Date .2/5180 Ckd. Date EXHIBIT "A" (Page 3 of 4 Pages) 55I-490 -/9 /'OR. FIG CT fV -89 °-58'- POR . FIG C7. N-89- 58'-E /3.3.50' L) N 89a-58-W /30. /5' p O k0 of 551-590-15 55/-590-/6 0 5.51-590-08 c t PROPOSED SLOPE EASEMENT .551-590—/6 /R.FRE.DO 5. AND JULIET/4 E. 6REGORf0 1311 DIVISION Si -BE (NATIONAL CITY, CA. 22050 F/G COU/ T /85 9 - EXHIBIT "A" (Page 4 of 4 Pages)