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HomeMy WebLinkAboutCC RESO 9037CITY OF NATIONAL CITY - RESOLUTION NO. 903'7 3 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 BW:AD In the Matter of Determining and Declaring The Public Necessity of Acquiring Rights of Way for Public Sewer Pipelines and Appurtenances and all Structures Incidental Thereto, Located in the Lincoln Acres Area of the City of National City and in the Unincorporated Area of the County of San Diego, and Authorizing the San Diego County Counsel to Institute Condemnation Proceedings to Acquire said Rights of Way AREA 180 0n motion of Supervisor , seconded by Supervisor , for the County of San Diego and on motion of Councilman Colburn , seconded by Councilman Allen , for the City of National City, the following joint resolution is adopted by the County of San Diego and the City of National City: WHEREAS, it is proposed that the County of San Diego will construct public sewer pipelines and all structures incidental thereto as shown on the drawings of Work Order No. 3092 on file in the office of the Director of Special District Services of the County of San Diego; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of San Diego and the City Council of the City of National City find, determine, and hereby declare: That the public interest and necessity require the construction and completion of a public improvement, namely a public sewer, upon, through, under, over, and across the real property hereinafter in this resolution described, and that all of said property so described is necessary therefor; That the proposed location of said sewer is as shown on said drawings of Work Order No. 3092 on file in the office of the Director of Special District Services of the County of San Diego; That public interest and necessity require the acquisition and taking of easements and rights of way through, under and across the hereinafter described real property for the installation, construc- tion, operation, maintenance, repair, replacement, and reconstruction of sewer pipelines and/or mains, manholes, sewer lateralpipelines and 3 4 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers and any other obstructions interfering with the use of said easements and rights of way by the County of San Diego, its successors or assigns; That the use of all and each and every part of said hereinafter described real property for the purpose of a public sewer is a public use and a use authorized by law; That the acquisition and taking of said easements and rights of way through, under and across all and each and every part of said hereinafter described real property is necessary to such public use and it is necessary that all and each and every part of said real property be so acquired and taken; That said public sewer is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; BE IT FURTHER RESOLVED that the County Counsel of said County of San Diego be and hereby is authorized, empowered and directed in the name of the County of San Diego and City of National City: TO ACQUIRE said interests by donation or purchase or by con- demnation in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain; To prepare and prosecute in the name of the County of San Diego and the City of National City such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take and acquire said easement interests for the purpose and uses as above described. To make application to the court for an order fixing the amount or amounts of such security in the way of money deposits assaid court may direct to be made upon the taking of possession of said property hereinafter described or any part thereof and to make application to said court for an order permitting the County of San Diego and the City of National City or any one of them, to take -2- 1 2 3 4 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 immediate possession and use of said property sought to be acquired or any part or parts thereof; To make deposit of such security out of proper funds under the control of said County of San Diego in such amounts so fixed and in such manner as the court in which the condemnation proceedings hereby authorized are pending may direct. To incur on behalf of the County of San Diego all reasonable and necessary expenses in the prosecution of a suit or suits to condemn easements and rights of way. The real property referred to above in this resolution is situate in the City of National City, County of San Diego, State of California, and is particularly described as follows: 1 2 7 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 50M•8-63 PARCEL 3092A=1 A 10.00 foot wide strip of land, the Easterly line of which lies parallel and 1351 feet Westerly of, measured at right angles, from the Easterly line of Quarter Section 126, Rancho De. La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County May 11, 1869, lying between the Southerly right of way line of the National City and Otay Railway (now the San Diego and Arizona Railway) and the Northerly line of the Morrison land as conveyed by deed recorded May 4, 1949, in the office of the County Recorder of San Diego County in Book 3192, Page 378.of Official Records, as same is shown on Record of Survey Map No. 5862, filed in the office of the County Surveyor of San Diego County, a distance of 591 feet more or less. 1 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20" 27 28 29 30 31 32 33 50M-8-63 PARCEL 3092A-2 That portion of the Northerly Half of 80 Acre Lot 1 of Quarter Section 126 of Rancho De La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County May 11, 1869, conveyed to Franz A. Neff, et ux, by deed recorded in the office of the County Recorder of said San Diego County,December 14, 1962, as File/Page 213287 of Official Records, more particularly described as follows: A 25.00 foot wide strip of land lying Westerly of, and contiguous to a line drawn parallel with and distant 1341.00 feet Westerly of the Easterly line of said Quarter Section 126, 1 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 50M-8-63 PARCEL 3092A1-1 All that portion of Lot 150, Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745 filed in the Office of the County Recorder of San Diego County, January 3, 1923, lying 10 feet each side of the following described center line: Beginning at the corner common to Lots 150, 151, 172, and 173 of said Lincoln Acres Annex; thence North 55°08' West, 10.00 feet along the Northeasterly line of said Lot 150 to the TRUE POINT Or BEGINNING; thence South 34°52' West, 80.10 feet to the beginning of a tangent curve concave Northwesterly having a radius of 200 feet; thence along the arc of said curve Southwesterly 132.32 feet; thence South 72°46' West to the East- erly right of way line offRidgeway Drive, as same is shown on said Map No. 1745. 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 33 50M•8-63 PARCEL 3092B1-15 The Westerly and Northwesterly 5 feet of Lot 144, Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923. 3 4 5 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SOM•8-63 PARCEL 309281-16 The Westerly 5 feet of Lots 142 and 143, Lincoln Acres Annex,in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923. 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 50M•8.63 PARCEL 3092B1-27 The Southeasterly 5 feet of the Southerly One -Half of Lot 129, Lincoln Acres, in the County of San•Diego, State of California, according to Map thereof No. 1740, filed in the Office of the County Recorder of San Diego County, December 6, 1922. 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 38 50M.8-63 PARCEL 309281-28 The Southeasterly 5 feet of the Northerly One -Half of Lot.129, Lincoln Acres, in the County of San Diego, State of California according to Map thereof No. 1740, filed in the Office of the County Recorder of San Diego County, December 6, 1922. 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PARCEL 3092B1-29 The Westerly 5 feet of Lot 141, Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923. 50M.8-68 �� � 3 4 5 ' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 50M-8-63 PARCEL 309281-30 The Westerly 5 feet of Lot 140, Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923. 1 2 3 ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SOM-s-63 PARCEL 309261-31 The Westerly 5 feet of Lot 139, Lincoln Acres Annex, in the County of San Diego, State of Caiifornia, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923. 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SOM-8-63 PARCEL 3092B1-33 The Northwesterly 5 feet of Lot 137 and the Northwesterly 5.00 feet of the Southwesterly 30.00 feet of Lot 136 of Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923; EXCEPTING therefrom the Northwesterly 5.00 feet of the Southwesterly 30.00 feet of said Lot 137. 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 50M-8-63 PARCEL 3092B1-34 The Northwesterly 5.00 feet of Lot 136, Lincoln Acres Annex, in the County of San Diego, State of California, according to Map thereof No. 1745, filed in the Office of the County Recorder of San Diego County, January 3, 1923; EXCEPTING therefrom the Northwesterly. 5.00 feet of the Southwesterly 30.00 feet of said Lot 136. 1' 3 4 5 6 7 8 9 • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29. 30 31 32 33 50M-8.63 PARCEL 3092B1-38 The Southeasterly 5 feet of Lot 130 of Lincoln Acres in the County of San Diego, State of California, according to Map theereof No. 1740, filed in the Office of the County Recorder of San Diego County, December 6, 1922.. 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 50M-8-63 PARCEL 3092B1-39 The Southerly 20 feet and the Easterly 25.00 feet of the Easterly 230.59 feet of Lot 132, Lincoln Acres Annex in the County of San Diego, State of California, according to Map thereof No. 1745 filed in the Office of the County Recorder of San Diego County, January 3, 1923; ALSO together with the Southeasterly 5.00 feet of that portion of said Lot 132 lying Westerly of a line drawn parallel with and distant 230.59 feet Westerly from the Easterly line of said Lot 132. 0 4 5 6 9 '0 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SOM•8-63 PARCEL 3092D1-1 The Southeasterly 5.00 feet of the Southeasterly 100.00 feet of Lots 20 and 21, Lincoln Acres, in the County of San Diego, State of California, according to Map thereof No. 1740, filed in the office of the County Recorder of San Diego County, December 6, 1922; TOGETHER with the Northwesterly 5.00 feet of that portion of Lot 1 of said Lincoln Acres, Map No. 1740,. lying Westerly of the following described line: Beginning at the most Northerly corner of said Lot 1; thence Westerly along the Northerly line of said Lot 1, 47.00 feet to the TRUE POINT OF BEGINNING; thence South 17°33'30" East, 238.00 feet more or less to a point on the Southeasterly line of said Lot 1. 1 PARCEL 3092D1-5 , The Northwesterly 5.00 feet of that portion of Lot 1, Lincoln Acres in the 3 1 • I 4 a 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 it 27 28 29 30 <1 32 23 50M•8-63 County of San Diego, State of California, according to Map thereof No. 1740, filed in the office of the County Recorder of San Diego County, December 6, 1922, lying Easterly of the following described line: Beginning at the most Northerly corner of said Lot 1; thence Westerly along the Northerly line of said Lot 1, 47.00 feet to the TRUE POINT OF BEGINNING; thence South 17°33'30" East, 238.00 feet more or less to a point on the Southeasterly -line of said Lot 1. 1 PARCEL 3092D1-6 2 The Northwesterly 5.00 feet of Lots 2, 3 and 4, Lincoln Acres in the County of 3 San Diego,. State of California, according to Map thereof NO. 1740, filed in 4 the office of the County Recorder of San Diego County, December 6, 1922. 5 a 8 10 11 12 13 14 15 13 17 18 19 20 21 22 23 24 25 266 27 28 29 30 31 32 33 Sv^M-S-63 �i i• 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PASSED AND ADOPTED by the City Council of the City of National City at a regular meeting held this 14th day of December 1965, by the following roll -call vote: AYES: Councilmen - Alien, Colburn, Hogue, Gautereaux NOES: Councilmen - Morgan ABSENT: Councilmen - None PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this day of 1965, by the following vote: AYES: Supervisors NOES: Supervisors ,ABSENT: Supervisors STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS I, .lone Minogue , City Clerk of the City of National City, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original joint resolution passed and adopted by said City Council at a regular meeting thereof, at the time and by the vote therein stated, which original joint resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the Seal of said City of National City this 14th day ,of December , 1965. City Clerk A I, HELEN KLECKNER, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original joint resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which original joint resolu- tion is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the Seal of said Board of Supervisors, this day of , 1965. (SEAL) HELEN KLECKNER Clerk of the Board of Supervisors By Deputy ?ASSED AND ADS? ED, by the City Council, of the City of Notionci City, Cc,i•iorria, this `L- `h day • ✓2Cer.." :e 65 NAYS: Counc:i. ^er • Morgan hereby cp?rove the forogoirg None T��IA�\JM1CX 4 !Mayor of t, e/Ciiy of NeConci City, Cciifornic - T h day of Dccemhz r :9 65 II\Aayc -Cit o•." of ;he - ..choral, City, California • R certi"iy 1'�.C: re cbov c. o' forego g ;s a ct.c .rue Copy OT 1 BSOi tiOri ` tNo `C37 :peso u;ior:s L - oY the City of Nctionol C:ly, Colifo:ria, as adopted by the City Council of said City, c.,nd cppr0ved by the Mcyor of said City, or.the . '_:_L..coy of L�?Ci k1e' 19 City Cr:;e: if the City of Ne:icr:c CiY Caiifo:.;;a. Deputy