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Home My WebLink About2006 CC RESO 2006-117 CDCRESOLUTION NO. 2006-117 RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE THE REAL PROPERTY AT 1112-1146 NATIONAL CITY BOULEVARD, OWNED BY MATCHINSKE FAMILY PARTNERSHIP, BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES (APNS 555-114-11,12,13) WHEREAS, the City Council, by adoption of Ordinance No. 95-2095, on July 18, 1995, approved and adopted the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, said Redevelopment Plan provides for the acquisition of real property, if necessary by eminent domain, including the real property commonly known and denominated as 1112-1146 National City Boulevard, National City, California, more particularly described in Exhibit"A'attached hereto; and WHEREAS, the Community Development Commission has served the owners of the real property located at 1112-1146 National City Boulevard with a Notice of Intent to Adopt a Resolution of Necessity to Acquire Real Property by Eminent Domain as required by California Code of Civil Procedure, Section 1245.235. A copy of the Notice is attached hereto as Exhibit `8; and WHEREAS, pursuant to the above referenced Notice, the Commission held a hearing on June 20, 2006, in the City Council Chambers, 1243 National City Boulevard, National City, California, to consider acquiring the real property at 1112-1146 National City Boulevard 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 IT RESOLVED, that the Community Development Commission of the City of National City, by a vote of two-thirds or, more of its members, hereby finds, determines, declares and resolves as follows: 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 least private injury. 3. The property to be acquired as described herein is necessary for the proposed project. 4. The offer required by Government Code Section 7267.2 together with the appraisal summary statement has been made to the owners of record which offer and appraisal summary statement was in a form and contained all of the disclosures required. (No evidence was presented contending that the appraisal summary statement was inadequate as a matter of law). Resolution No. 2006-117 June 20, 2006 Page 2 5. The real property to be taken is generally described as 1112-1146 National City Boulevard., National City, California, and is more particularly described in Exhibit ''attached hereto and made a part hereof which takes precedence over all other descriptions. 6. 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 the Commission. 7. The Commission further finds and declares: a. The acquisition of the subject parcel is in conformity with the National City Redevelopment Project. b. The proposed acquisition for redevelopment 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 and influences and to facilitate the redevelopment of property within the Project area. c. That said acquisition has been preceded by the review, adoption and certification of all appropriate environmental documents and reports. BE IT FURTHER RESOLVED, that the legal counsel for the Community Development Commission of the City of National 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 necessary to acquire in fee, for the purpose and uses aforesaid, that certain real property commonly known as 1112-1146 National City Boulevard, which is situated in the City of National City, and within the County of San Diego, State of California. BE IT FURTHER RESOLVED, that the taking of said real property for redevelopment purposes, specifically for removal of blight and assemblage of properties, is authorized by Health and Safety Code Sections 33000, 330333, 333021, 33342, 33391, 33392, and 33691 and is a public use. BE IT FURTHER RESOLVED, that Sections 1240.010, 1240.110, 1240.210, 1240.510 and 1240.610 of the California Code of Civil Procedure and Sections 37350.5 of the Government Code permit the acquisition referenced herein. Resolution No. 2006-117 June 20, 2006 Page 3 PASSED AND ADOPTED this 20th day of June 2006. ATTEST: Chris Zapata, cretary APPROVED AS TO FORM: adc George H. Eiser, III Legal Counsel Nic Inzunza, Chairman Guarantee Number: 03207521 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Lots 13 to 17 inclusive, and the East 15 feet of Lot 12, Block 12, 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, October 2, 1882. Parcel B: Lot 18 and Southeasterly Half of Lot 19 in Block 12 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, October 2, 1882, the Northwesterly line of said Southeasterly Half being parallel with the dividing line between said Lots 18 and 19. Parcel C: The Northerly Half of lot 19, all of Lots 20, 21, 22, 23 and 24 in Block 12, 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, October 2, 1882. Assessor's Parcel Number: 555-114-11, 12 and 13 CLTA Guarantee Form No. 1 Litigation Guarantee (Rev 12-16-93) Page 3 NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.235) To: Matchinske Family Partnership 11800 E. Calle De Coronado Tucson, AZ 85749 Pursuant to the provisions of the California Code of Civil Procedure, Section 1245.235, you have been identified as an owner of certain real property, or interest therein, consisting of the real property and improvements located at 1112-1146 National City Blvd., National City, California 91950 (Parcel Nos.555-114-11, 12,13), which is proposed to be acquired by the Community Development Commission of the City of National City for redevelopment purposes. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project only if the following conditions are established: a. The public interest and necessity require the proj ect. b. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. c. The property sought to be acquired is necessary for the project. The Commission will also determine whether an offer was made pursuant to section 7267.2 of the government code. You are hereby notified it is the intent of the Community Development Commission of the City of National City, at a hearing to be held on June 20, 2006 at 6.00 pm in the City Council Chambers, 1243 National City Boulevard, National City, California 91950, to adopt a Resolution of Necessity to Community Development Commission of the City of National Page 1 of 2 EXHIBIT "B" City to acquire your real property, or interest therein, for redevelopment purposes, by the exercise of power of eminent domain, as authorized by Health and Safety Code Sections 33342 and 33391. You are further notified that if you file a written request to appear and be heard within fifteen (15) days of the mailing of this notice, you will have the right to appear and be heard concerning the above -quoted conditions set forth in California Code of Civil Procedure 1240.030 as they relate to the intent of the Community Development Commission of the City of National City to acquire your property. Failure to file a written request to appear and be heard by June 20, 2006, will result in a waiver of your right 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, as of the above -indicated filing date. Mere deposit of your request in the mail within this time limitation is not sufficient to avoid waiver. All such requests to appear and be heard must be filed with the Executive Director of the Community Development Commission of the City of National City, 1243 National City Boulevard, National City, California 91950. For your convenience, the Board of the Community Development Commission of the City of National City will consider any written comments you may wish to submit to it, pursuant to this notice in lieu of your personal appearance at the hearing. Dated: June . , ' 006 By: Chris Zapata, Exec t' ' e irector Page 2 of 2 EXHIBIT "B" Passed and adopted by the Community Development Commission of National City, California, on June 20, 2006, by the following vote, to -wit: Ayes: Councilmembers: Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK I ZUNZA ity Development Commission Secretary Communi, revelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-117 of the Community Development Commission of the City of National City, California, passed and adopted on June 20, 2006. Secretary Community Development Commission By: Deputy