HomeMy WebLinkAboutCC RESO 2010-56RESOLUTION NO. 2010 — 56
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-250-12; 1539 E. PLAZA BLVD; NATCITY HOLDINGS, LLC)
WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5,
37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for
street purposes; and
WHEREAS, acquisition of the real property interests described herein is
necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland
Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening
Project; and
WHEREAS, the City Council of the City of National City finds and determines that
notice of its intention to adopt this Resolution of Necessity was duly given to each person whose
property is to be acquired by eminent domain and whose name and address appear on the last
equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on
April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the
City Council did hear and consider all of the evidence presented pertaining to the acquisition.
NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to
California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and
determines each of the following:
1. The public interest and necessity require the proposed project.
2. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the project.
4. The offer required by Government Code Section 7267.2 has been made to the
property owner or owners of record.
BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to
commence and maintain eminent domain proceedings in the Superior Court of the County of
San Diego to acquire for the City of National City easement interests in certain real property,
more particularly designated and described in Attachment 1, which is attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and
directed to make application to the Court for an Order for Possession Before Judgment in the
eminent domain proceedings.
-- Signature Page to Follow --
Resolution No. 2010 — 56
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of Ap 'I, 2010.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
ID £4 s
George H. Eiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-250-12
THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER
OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION,
IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,
1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A
BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 32°47'22" WEST 289.43 FEET TO THE BEGINNING OF A NON -
TANGENT 30.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 38°57'21" EAST, SAID POINT ALSO BEING ON THE
SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS
DOCUMENT NO. 2000-0428162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING
ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°49'47" A
DISTANCE OF 22.43 FEET TO THE BEGINNING OF A TANGENT 540.00-
FOOT RADIUS REVERSE CURVE;
2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°10'47" A
DISTANCE OF 86.52 FEET;
3. THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84°41'39"
WEST (SOUTH 83°50' WEST PER DEED) 26.75 FEET TO THE SOUTHWEST
CORNER OF LAND PER SAID DEED;
4. THENCE ALONG THE WESTERLY LINE OF SAID LAND PER DEED NORTH
17°48'57" WEST 3.94 FEET;
5. THENCE LEAVING SAID WESTERLY LINE NORTH 82°30'06" EAST 4.06 FEET
TO THE BEGINNING OF A TANGENT 544.50-FOOT RADIUS CURVE
CONCAVE SOUTHERLY;
6. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET TO THE
BEGINNING OF A TANGENT 28.75-FOOT RADIUS REVERSE CURVE;
7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31°45'38" A DISTANCE OF 15.94 FEET TO THE TRUE
POINT OF BEGINNING.
Page 1 of 2
AREA = 0.012 ACRES, MORE OR LESS.
Page 2 of 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-12
THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER
OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION,
IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,
1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A
BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 32°47'22" WEST 289.43 FEET TO THE BEGINNING OF A NON -
TANGENT 28.75-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 27°03'35" EAST, SAID POINT ALSO BEING ON THE
SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS
DOCUMENT NO. 2000-0428162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING
ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°45'38" A
DISTANCE OF 15.94 FEET TO THE BEGINNING OF A TANGENT 544.50-
FOOT RADIUS REVERSE CURVE;
2. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET;
3. THENCE SOUTH 82°30'06" WEST 4.06 FEET TO THE WESTERLY LINE OF
LAND PER SAID DEED;
4. THENCE ALONG SAID WESTERLY LINE NORTH 17°48'57" WEST (NORTH
18°48'37" WEST PER SAID DEED) 23.57 FEET;
5. THENCE LEAVING SAID WESTERLY LINE NORTH 76°16'51" EAST 73.82
FEET;
6. THENCE SOUTH 13°43'09" EAST 25.51 FEET TO THE BEGINNING OF A
NON -TANGENT 554.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 00°28'04" WEST;
7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°40'05" A DISTANCE OF 45.18 FEET TO THE
BEGINNING OF A TANGENT 20.00-FOOT RADIUS REVERSE CURVE;
8. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 110°22'23" A DISTANCE OF 38.53 FEET;
9. THENCE NORTH 16°10'22" WEST 7.97 FEET;
10. THENCE NORTH 73°49'38" EAST 7.75 FEET TO THE EASTERLY LINE OF
LAND PER SAID DEED, SAID LINE ALSO BEING THE WESTERLY LINE OF
PALM AVENUE;
Page 1 of 2
11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 10.63 FEET
TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS CURVE
CONCAVE WESTERLY;
12. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°49'59" A
DISTANCE OF 36.04 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.072 ACRES, MORE OR LESS.
Page 2of2
PIM 3114
PAFL D
CP-
tT
EXHIBIT "
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
42'49'47"
30.00'
22.43'
C2
910'47"
540.00'
86.52'
C3
1211'57"
544.50'
115.93'
C4
31'45'38"
28.75'
15.94'
C5
4'40'05"
554.50'
45.18'
C6
110'22'23"
20.00'
38.53'
C7
68'49'59"
30.00'
36.04'
PDFL 3E: 1/4 LOT 1
1/4 SEC. 132
RHO, DE LA 1NACJON
MAP 168
-26.75'
CP7 L - - _ S 84'41'39" W
LEGEND
130'16" E -i'- - —.
T.P.O.B.
P.O.B.
A
PERMANENT
ACQUISITION
AREA = 0.012 ACRES
TEMPORARY CONSTRUC110N
EASEMENT (TCE)
AREA = 0.072 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
C2
PLAZA BLVD.
-O
37
PERM. ACO. � ��J
r ,. �
AND TCE s. \
851.83' " — , �s1�\ \
P.O.B.
CP5
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 4-30-08
NATIONAL CITY
1"=30'
CHECKED BY: MA
DATE: 5-22-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-12
NATCIT HOLDINGS, INC.
DOC. NO.
DWG. NO.
Passed and adopted by the Council of the City of National City, California, on April 6,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
IA:c./Zie,/A31
k of the o
City City nal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-56 of the City of National City, California, passed and adopted
by the Council of said City on April 6, 2010.
City Clerk of the City of National City, California
By:
Deputy