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HomeMy WebLinkAboutCC RESO 10,012RESOLUTION NO. 10,012 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC IN- TEREST, CONVENIENCE AND NECESSITY. OF THE CITY OF NATIONAL CITYCREQUIRE THE CONSTRUCTION,OPERATION AND MAINTENANCE OF A FLOOD CONTROL AND DRAINAGE SYSTEM ACROSS CERTAIN DE- SCRIBED 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 DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COM- MENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIF- ORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (7th Street Storm Drain) 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 flood control and drainage system across that 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" hereto, which said Exhibit is attached hereto and by this reference incorporated herein and made a part here- of 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 flood control and drainage system 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 incorpora- ted by reference in Section 1 above, SECTION 4: That the taking and acquiring by said City of the property described in Exhibit "A" hereto is deemed necessary for the construction, operation and maintenance of said Flood Control and Drainage System by the City of National City and the inhabitants 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 herein - above described is to be used for the construction, operation and maintenance of the said flood control and drainage system. 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 purpose of condemning and acquiring said property rights for the use of said City. PASSED AND ADOPTED this lathr day of January, 1970. ATTEST: By eputy City Cle Po EXHIBIT "A" For a valuable consideration, receipt of which is hereby acknowledged, MARIE LUIINOW, .a Widow, hereby grants to City of National City an easement for sewer and/or drainage and/or embankment purposes over and across that certain real property situated in the City of National City, County of San Diego, State of California, more particularly described as follows: The Southerly 10 feet of the Northerly 30 feet of the East Half of 80 the EastLHatlfiof the West Half of the East Half of the South Half of the South Ha Quarter Section 130 of Rancho de la Nacion according to the Map thereof by Morrill No. 166 filed in the office of the Recorder of said San Diego County, May 11, 1869. This grant is a perpetual easement and right of way for the construction, reconstruction, excava- tion, maintenance, operation and repair of sewer and/or drainage and/or embankment facilities,_ together with the right to enter upon and to pass, and repass, over and along said easement and to deposit tools, implements, and other materials thereon. DATED: Signed in the presence of: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss On 19 ...... before me, a Notary Public, personally appeared known to me to be the person whose name is subscribed to the within instrument as a witness thereto, who being by me duly sworn, says: That he resides in Son Diego County, and that he was present and saw who is personally known to him to be the same person whose name is subscribed to the within instrument, sign and deliver the same and that he then acknowledged to offiant that he executed the same; and that said affiont subscribed his name thereto as a witness. Notary Public in and for said County and State. (SEAL) After recording, mail to: CITY OF NATIONAL CITY 1243 Notional Avenue National City, California 92050 NAT'L CITY ENGR.DEPT No REF BY DATE CKD DATE SPACE BELOW FOR RECORDER'S USE ONLY EXHIBIT "A" RESOLUTION. NO. l:M`-. f.)l 9