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HomeMy WebLinkAbout2006 CC RESO 2006-73 CDCNOT ADOPTED RESOLUTION NO. 2006-73 A "RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE THE REAL PROPERTY AT 1500, 1600, 1700 AND 1740 CLEVELAND AVENUE BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES." This Resolution was not adopted at the Meeting of April 18, 2006. DATE: May 1, 2006 Mi ael R. al a, CMC Recording Secretary -City Clerk No Adop4-ed RESOLU A RESOLUTI THE COMMUNITY DEVE CITY OF NATIONAL CITY AT 1500, 1600, 1700 an EMINENT DOMAIN FOR (ACCESSOR PARCEL NOS 559-0 559-071-04, 559-076-02, 559-076-0 ION NO. 2006 — 73 )N OF NECESSITY OF _OPMENT COMMISSION OF THE 0 ACQUIRE THE REAL PROPERTY 11740 CLEVELAND AVENUE BY REDEVELOPMENT PURPOSES i1-09, 559-051-11, 559-051-12; 559-056-03, ), 559-076-10, 559-076-06, AND 559-076-03) WHEREAS, the City Council of the City of National City, by adoption of Ordinance no. 95-2095 on July 18, 1995, approved and adopted the Redevelopment Plan for the National City Redevelopment Project; WHEREAS, said Redevelopment Plan provides for the acquisition of real property, if necessary by eminent domain, i 'eluding the real property commonly known as 1500, 1600, 1700 and 1740 Cleveland Avenue, National City, California, more particularly described in Exhibit "A" attached hereto and also depii:ted in the map attached herein; and WHEREAS, the Community Development Commission of the City of National City has served Pacific Steel Inc., the owners of the real property located at 1500, 1600, 1700 and 1740 Cleveland Avenue, National City, California with a Notice of Intent to Adopt a Resolution of Necessity to Acquire Real Priperty by Eminent Domain as required by California Code of Civil Procedure, Section 1245.235. A copy of the Notice is attached hereto as Exhibit "B"; and WHEREAS, pursuant to :he above referenced Notice, the Community Development Commission of the City of National City held a hearing on April 18, 2006, in the City Council Chambers, 1243 National City Boulevard, National City, California, to consider acquiring the real property at 1500, 1600, 1700 and 1740 Cleveland Avenue, National City, California, by eminent domain, for redevelopment purposes and provided all persons a reasonable opportunity to appear and be heard on the matters in Section 1240.030 of the California Code of Civil Procedure. NOW, THEREFORE, BE I Commission of the City of National City, by finds, determines, declares and resolves as RESOLVED that the Community Development a vote of two-thirds or more of its members, hereby 'ollows: 1. That the public interest, convenience and necessity require the proposed project; 2. That project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The property to be acquired as descr bed herein is necessary for the proposed project; 4. The offer required by Government Code Section 7267.2 together with an appraisal summary statement has been made to the owners of record which offer and appraisal summary statement were in a form and contained all of the disclosures required. (No evidence was presented contending the appraisal summary statement was inadequate as a matter of law.) BE IT FURTHER RESOLVED, that the real property to be taken is generally described as 1500, 1600, 1700 and 1740 :leveland Avenue, National City, California and is more particularly described in Exhibit "A" a ached hereto and made a part hereof which takes precedence over all other descriptions. Resolution No. 2006 — 73 Page 2 April 18, 2006 BE IT FURTHER RESOLVED, that all conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property for the Project have been complied with by he Commission. BE IT FURTHER RESOLVE ), that the Commission further finds and declares: 1. The acquisition of the subject parcel is in conformity with the National City Redevelopment Project. 2. The proposed acquisition for redev lopment of this site is planned in accordance with the National City Redevelopment Project and that the acquisition is necessary for the removal of blighting conditions aninfluences and to facilitate the redevelopment of property within the Project area. 3. That said acquisition has been preceded by the review, adoption and certification of all appropriate environmental documen :s and reports. BE IT FURTHER RESOL 'ED, that the legal counsel for the Community Development Commission of the City of Jational City is hereby authorized and directed to commence such actions and proceedings of eminent domain in the Superior Court of the State of California, County of San Diego, as are n :cessary to acquire in fee, for the purpose and uses aforesaid, that certain real property commo ily known as 1500, 1600, 1700 and 1740 Cleveland Avenue, which is situated in the City of Nati mai City, and within the County of San Diego, State of California. BE IT FURTHER RESOL (ED, that the taking of said real property for redevelopment purposes, specifically, to :liminate blight, improve public health and safety through the environmental remediation of h.zardous and contaminated substances, and create a more favorable climate for commercial, office, or industrial development, is authorized by Health and Safety Code Sections 33000, 335020, 333021, 33342, 33391, 33392 and 33691 and is a public use. BE IT FURTHER RESOLV 1240.510 and 1240.610 of the California C Government Code permit the acquisition ref ATTEST: • :D, that Sections 1240.010, 1240.110, 1240.210, de of Civil Procedure, and Sections 37350.5 of the fenced herein. PASSED and ADOPTED this 18th day of April, 2006. Chris Zapata, Secretary Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill, Legal Counsel 1 of 2 XIjIIBIT "A" LEG L DESCRIPTION APNs: 559-051-09,11Fk12, 559-056-03, 5'9-071-04, 559-076-01,02,03,06,09&10, (COMBINED) THOSE PORTIONS OF BLOCKS 271 T IRIJ 274 OF MAP OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4T" 19 4,.I AND PORTIONS OF CLOSED STREETS AND CLOSED ALLEYS, MORE PARTICULARLYIDESCRIBED AS PARCELS A, B AND C AS FOL- LOWS: PARCEL A COMMENCING AT THE INTERSECTIO Oi:- THE CENTERLINE OF 14TH STREET, 80.00 FEET WIDE, AS VACATED AND CLOSE to PUBLIC USE, AND THE WESTERLY LINE OF CLEVELAND AVENUE, FORMERLY KN. WN AS 8T" AVENUE (100.00 FEET WIDE); THENCE ALONG SAID CENTERLINE O•" 1j4T" STREET, SOUTH 70°59'39" WEST 250.00 FEET TO THE INTERSECTION OF THE ASTERLY LINE OF HARRISON AVENUE, FOR- MERLY KNOWN AS 9TH AVENUE (40.00 FEET WIDE); THENCE ALONG THE EASTERLY LINE OF HARRISON AVENUE, SOUTH 9 '01'21" EAST 190.00 FEET TO THE NORTH- WESTERLY CORNER OF. PARCEL 1 AS DESCRIBED IN DEED TO SAN DIEGO STEEL, INC, RECORDED IN THE OFFICE OF THE Ca LINTY RECORDER OF SAN DIEGO COUNTY, JULY 31, 1981 AS FILE NO. 81-241785 • FIOFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE CSRTHERLY LINE OF SAID PARCEL 1, NORTH 70°59'39" EAST 250.00 FEET TO THE N RTHEASTERLY CORNER THEREOF, BEING ALSO A POINT IN THE WESTERLY UN = OF CLEVELAND AVENUE; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID CLEVELAND AVENUE, SOUTH 19°01'21" EAST 915.64 FEET TO THE: SOUTHEASTERL (CORNER OF LOT 20 OF BLOCK 274 OF SAID MAP 348; THENCE WESTERLY ALONG THE SOUTHERLY_LINE OF SAID LOT 20, SOUTH 70°59'39" WEST 115.00 FEET TO THE S..UTHWESTERLY CORNER OF. SAID LOT 20, BE- ING ALSO THE EASTERLY LINE OF A 2 .00 FOOT ALLEY AS SHOWN IN SAID BLOCK 274; THENCE WESTERLY ALONG THE WES ERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 20, SOUTH 70°59'39' WEST 20.00 FEET TO THE WESTERLY LINE OF SAID 20.00 FOOT WIDE ALLEY, THENC SOUTHERLY ALONG THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY, SOUTH 19°01 2 " EAST 175.11 FEET TO THE SOUTHEASTERLY CORNER OF LOT 10 OF SAID BLOCK 2 BEING ON THE NORTHERLY LINE OF 18T" STREET AS SHOWN ON SAID MAP 348; ENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID 18TH STREET, SOUTH 70 .9'39" WEST 115.00 FEET TO THE SOUTHWEST- ERLY CORNER OF SAID LOT 10; THEN. CONTINUING ALONG SAID NORTHERLY LINE OF 18TH STREET, SOUTH 70°59'39' WE ; 40.00 FEET TO THE WESTERLY LINE OF HAR- RISON AVENUE; THENCE NORTHERLY LONG SAID WESTERLY LINE OF HARRISON AVENUE, NORTH 19°01'21" WEST 1090.=2 FEET TO A POINT IN THE WESTERLY PRO- LONGATION OF THE NORTHERLY LINE u F LOT 7 IN BLOCK 271 OF SAID MAP 348; THENCE EASTERLY ALONG SAID WES RLY PROLONGATION, NORTH 70°59'39" EAST 40.00 TO THE NORTHEASTERLY CORN =R OF SAID LOT 7, BEING ALSO THE EASTERLY LINE OF SAID HARRISON AVENUE; TH CE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 19°01'21" WEST 0.13 FEET TO HE TRUE POINT OF BEGINNING. 2of2 PARCEL BEGINNING AT THE :;OUTHEASTERLY 346; THENCE WESTERLY ALONG SOU NORTHERLY LINIE OF 18T" STREET A WEST 115.00 FEET TO THE SOUTH NORTHERLY ALONG THE WESTERLY 25.02 FEET TO THE NORTHWESTERL ALONG THE NORTHERLY LINE OF SAl THE NORTHEASTERLY CORNER OF SA OF SAID CLEVELAND AVENUE; THEN SAID LOT 13, SOUTH 19°01'21" EAST 25 PARCEL C BEGINNING AT THEE SOUTHEASTERL THENCE NORTHERLY ALONG THE EA THE WESTERLY LINE OF CLEVELAND THE SOUTHEASTERLY CORNER OF POINT OF BEGINNING; THENCE WES LOT 17, SOUTH 70°59'39" WEST 115.0 SAID LOT 17; THENCE NORTHERLY NORTH 19°01'21" WEST 25.02 FEET T 17; THENCE EASTERLY ALONG THE 70°59'39" EAST 115.00 FEET TO THE ING ALSO ON THE WESTERLY LINE ERLY ALONG THE EASTERLY LINE OF TO THE TRUE POINT OF BEGINNING. ALL TOGETHER CONTAINING 298,427 GARY A. LINTVEDT, LS 4593 DATE MY REGISTRATION EXPIRES 9/30/06 MJS (rev) 8/18/05 LMA W.O.12481 ORNER OF LOT 13 OF BLOCK 274 OF SAID MAP HERLY LINE OF SAID LOT 13, BEING ALSO THE SHOWN ON SAID MAP 348, SOUTH 70°59'39" ESTERLY CORNER OF SAID LOT 13; THENCE INE OF SAID LOT 13, NORTH 19°01'21" WEST CORNER OF: SAID LOT 13; THENCE EASTERLY LOT 13, NORTH 70°59'39" EAST 115.00 FEET TO D LOT 13, BEING ALSO ON THE WESTERLY LINE E SOUTHERLY ALONG THE EASTERLY LINE OF 02 FEET TO THE POINT OF BEGINNING. CORNER OF BLOCK 274 OF SAID MAP 348; TERLY LINE OF SAID BLOCK 274, BEING ALSO VENUE NORTH 19°01'21" WEST 100.07 FEET -TO OT 17 OF SAID BLOCK 274, BEING THE TRUE ERLY ALONG THE SOUTHERLY LINE OF SAID FEET TO THE SOUTHWESTERLY CORNER OF LONG THE WESTERLY LINE OF SAID LOT 17, THE NORTHWESTERLY CORNER OF SAID LOT NORTHERLY LINE OF SAID LOT 17, NORTH ORTHEASTERLY CORNER OF SAID LOT 17, BE- F SAID CLEVELAND AVENUE; THENCE SOUTH - SAID LOT 13, SOUTH 19°01'21" EAST 25.02 FEET .F. MORE OR LESS PCL. A •0 b T.P.O.d PCL A - WORMIEST CORNER PCL 1 IN DEED TO SAN DIEGO STEEL INC, FILE NO. • 81-241785, RECORDED • 7/31/19e1 II I Cr_CAIn `SEE DETAIL 0 8 si CLEVBMD• a (FORM ILLY eTN 4W 140' 1.41; .0„," .,41% !6! I C .IE lb vsf660.086•D8 AVENUE AVENUE) 40'I PARCEL A .9 g. IC3 006D-07-0N � IO L _ — — — -] i_I�6`' 1 T.P.O.B. PCl 66e-ri �40 0 1 PARCEL i ,, PARCEL �i „ GIs ,Ia HARRISON AVENUE EMIMB1UY EU AVUL I1 MAP t D.t1. PCL B & C 40'I 40' a NOTE. 1Q NORTHERLY UNE. PCL 1 IN DEED TO SAN DIEGO STEEL., FILE NO. B1-241785, • RECORDED 7/31/1981 I L.CI" B. DETAIL NOT 10 SCALE • PCL P.O.B. P.O.C. LP.O.B. • APN BOUNDARY UNE LOT ENE RIGHT OF WAY UNE PARTY UNE POINT OF BEGINNING POINT OF CONUAENCENENT TRUE POINT OF BEGINNING 1 PACIFIC STEEL, PROPERTY St t19A — O 2 3, 4 5 BL 6 •r �iY inat/amT . z W W J V 0 ENCUMBRANCE MAP Mad 1 1 3 4 6 7 Soots` MIAS JddaTslryhar • cJ at Hedged Cly 00,elhfedud Vey Cal. Wel< is Ce. SOO*S remised Fat pea widh wha Seeemsd The polo with w4r demerel W eelapha,NdernvaWrede.0 Peerreem o(es need owl S/9V efe to Aeeredlee W eeeeeerei and 11/91 elehk 1lasemen1 6c slaw sale harmed foe mkcek ev6eieden .d ease New raceme heeoee eaewnd &MIMI 101' dr4k Weddm and eav !Undo .mend • 02110: CDC National City - PSI Appraisal Su nmary Statement - 5/1/05 Valuation Page 44 NOTICE OF [NTENT TO ADOPT RESOLUTION OF 4ECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Pr i cedure, Section 1245.235) TO: Pacific Steel, Inc. do Mr. Allen R. Haynie Lathma & Watkins 600 W. Broadway, Suite 1800 San Diego, CA 92101-3375 Pursuant to the provisions of the California Code of Civil Procedure, Section 1245.235, you have been identified as a owner of certain real property, or interest therein, consisting of the real property • id improvements located at 1700 Cleveland Avenue, National City, California 9195 ), which is proposed to be acquired by the Community Development Commission of the City of National City for redevelopment purposes. California Code of Civil Proced ire, Section 1240.030 provides that the power of eminent domain may be exercised to ac luire property for a proposed project only if the following conditions are established: a. The public interest and ecessity require the project. b. The project is planned o located in the manner that will most compatible with the greatest public ood and the least private injury. c. The property sought to e acquired is necessary for the project. You are hereby notified that it is the in ent of the Community Development Commission of the City of National City, at a hearing to be held on April 18, 2006 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California 91950, to adopt a Resolution of Necessity to cquire by Eminent Domain. Said resolution will authorize the Community Developmen : Commission of the City of National City to Page 1 of 2 EXHIBIT "B" acquire your real property, or interest th=rein, for redevelopment purposes, specifically industrial and public purposes and relate]. uses, by the exercise of power of eminent domain, as authorized by Health and Sa You are further notified that if y within fifteen (15) days of the mailing o be heard concerning the above -quoted c Procedure 1240.030 as they relate to the Commission of the City of National Cit Failure to file a written request t 2006, will result in a waiver of your rig ety Code Sections 33342 and 33391. lu file a written request to appear and be heard this notice, you will have the right to appear and mditions set forth in California Code of Civil intent of the Community Development r to acquire your property. appear and be heard by 4:00 p.m. on April 18, it to appear and be heard. Your written request must actually be on file with the Executive Director of the Community Development Commission of the City of National City, on the above -indicated filing date. Mere deposit of your request in the mail with n this time limitation will not suffice to avoid waiver. All such requests to appear an be heard must be filed with the Executive Director of the Community Developme it Commission of the City of National City, 1243 National City Boulevard, National City California 91950. For your convenience, the Boar 1 of the Community Development Commission of the City of National City will consider my written comments you may wish to submit to it, pursuant to this notice in lieu of you personal appearance at the hearing. f Dated: April 3, 2006 B y: °` Chris Zapata, Executive Director Page 2 of 2 EXHIBIT "B"