HomeMy WebLinkAboutCC RESO 2010-57RESOLUTION NO. 2010 — 57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-410-11; 1615 E. PLAZA BLVD; US. BANK NA,
AS TRUSTEE OF LEHMAN BROTHERS)
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 — 57
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
on Morrison, Mayor
ATTEST:
MicfAiel%uil
l R. Dalla, Ci y Clerk
APPROVED AS TO FORM:
George H.'Eiser, Ill
City Attorney
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-11
THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET
OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY
QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY
OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF
LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT Na 2000-
0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF
THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 12TH
AVENUE, THENCE ALONG THE WESTERLY LINE OF SAID LAND AND THE
EASTERLY LINE OF PALM- AVENUE, SOUTH 17°47'20" EAST 5.65 FEET TO THE
SOUTHWESTERLY CORNER OF LAND PER SAID DEED, SAID POINT BEING AT
THE INTERSECTION OF SAID EASTERLY LINE OF PALM AVENUE WITH THE
NORTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY
LINE OF SAID LAND SOUTH 74°45'11" EAST 18.90 FEET TO THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING THE SOUTHERLY LINE OF LAND PER SAID DEED
NORTH 15°00'18' EAST 3.58 FEET;
2. THENCE SOUTH 74°59'42" EAST 15.00 FEET;
3. THENCE SOUTH 15°00'18" WEST 3.64 FEET TO A POINT ON THE
SOUTHERLY LINE OF LAND PER SAID DEED;
4. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 15.00
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.001 ACRES, MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-11
THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET
OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY
QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY
OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF
LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT NO. 2000-
0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF
THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 12T"
AVENUE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG THE NORTHERLY LINE OF LAND PER SAID DEED, AND
SAID SOUTHERLY LINE OF 12TH AVENUE, NORTH 72°03'18" EAST 16.08
FEET;
2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 33.46
FEET;
3. THENCE NORTH 86°55'28" EAST 32.22 FEET;
4. THENCE SOUTH 74°59'42" EAST 108.79 FEET;
5. THENCE SOUTH 17°42'57" EAST 25.39 FEET;
6. THENCE SOUTH 74°59'42" EAST 51.39 FEET TO THE EASTERLY LINE OF
LAND PER SAID DEED;
7. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 3.80 FEET
TO THE SOUTHEAST CORNER OF SAID LAND, SAID POINT BEING ON THE
NORTHERLY LINE OF PLAZA BOULEVARD;
8. THENCE ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED NORTH
74°45'11" WEST 216.60 FEET;
9. THENCE LEAVING SAID SOUTHERLY LINE NORTH 15°00'18" EAST 3.64
FEET;
10. THENCE NORTH 74°59'42" WEST 15.00 FEET;
11. THENCE SOUTH 15°00'18" WEST 3.58 FEET TO A POINT ON THE
SOUTHERLY LINE OF LAND PER SAID DEED;
12. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 18.90
FEET TO THE SOUTHWEST CORNER OF SAID LAND, SAID POINT BEING
THE INTERSECTION OF SAID NORTHERLY LINE OF PLAZA BOULEVARD
WITH SAID EASTERLY LINE OF PALM AVENUE;
13. THENCE ALONG THE WESTERLY LINE OF LAND PER SAID DEED NORTH
17°47'20" WEST 5.65 FEET TO THE TRUE POINT OF BEGINNING.
Page 1 of 2
AREA = 0.093 ACRES, MORE OR LESS.
MI KEY B. A
• EXP. 3-31-10
RE RCE 27648
Page 2 of 2
TABULATED UNE DATA
UNE
BEARING
LENGTH
L1
N 15'00'18" E
3.58'
L2
S 74'59'42" E
15.00'
L3
S 15'00'18" W
3.64'
EXHIBIT "B"
ONE
ACP 6 1�pFC r\ Crr. p-5IN (NR.
T.P.O.B. E ,1*--64A1 pG.
11 i
\\ o TCE . E \N N'L `1 1/ Jr �l'L `t 1/2\
\\o try N,08 �' 1459 2• 8 ,,fir
16' `' ' N 86'55'28` E OFE yy'L `f 1/4 OF
./ LAND PER DD1J r
`4�• /�32.22'� (�)UA s 1 r1i JrCi 129
557-410-11
S'4�94?•F ri1-1J, D I A j\lr\GIJN
‚;‚
U. c'r
Oy Nl !y
REVISED BY:
15.00•
N 74.45,E
T.P.O.B. ' W
PERM. ACQ.
LEGEND
DATE:
co
G&F- 6P 4,1 gK.
SO112.N 01.•
RE 2 ?G 22
2
16 60'
PLAZA k yD
CO
PERMANENT ACQUISITION
AREA = 0.001 ACRES
TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 0.093 ACRES
T.P.O.B. TRUE POINT OF BEGINNING
P.O.B. POINT OF BEGINNING
A CONTROL POINT PER ROS 17515
DD1 DEED REC. 9/6/00 AS DOC. NO. 2000-0478204 O.R.
DRAWN BY: KA
DATE 5-21-08
NATIONAL CITY
SCALE
= 40'
CHECKED BY: MA
DATE: 5-22-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-11
RIYADH K. KAFA,A AND RANA K. ISAQI
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
City Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-57 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