HomeMy WebLinkAboutCC RESO 2010-58RESOLUTION NO. 2010 — 58
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-322-14; E. PLAZA BLVD; PACIFIC CASTLE BAY PLAZA, 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 — 58
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
on Morrison, Mayor
ATTEST:
........Azzai
is ael R.
Della,
, City Clerk
APPROVED AS TO FORM:
,c , j
George H. Eiser, III
City Attorney
ATT.ACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-322-14
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF
PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1039.64-FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 00°19'49" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'05" A DISTANCE OF
90.75 FEET;
2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 84°40'06"
EAST 71.71 FEET;
3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 82°30'04" WEST 14.55
FEET TO THE BEGINNING OF A TANGENT 1083.17-FOOT RADIUS CURVE
CONCAVE NORTHERLY;
4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 7°49'42" A DISTANCE OF 147.99 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 0.003 ACRES, MORE OR LESS.
MIC E : AE RC 27648
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-14
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF
PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1083.17-FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 00°19'46" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'42" A DISTANCE OF
147.99 FEET;
2. THENCE NORTH 82°30'04" EAST 14.55 FEET TO A POINT ON SAID
NORTHERLY LINE BEING SAID SOUTHERLY LINE OF PLAZA BOULEVARD;
3, THENCE ALONG SAID NORTHERLY LINE NORTH 84°40'06" EAST 10.15
FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1;
4. THENCE LEAVING SAID SOUTHERLY LINE ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL 1 SOUTH 72°04'47" WEST 51.46 FEET TO THE
BEGINNING OF A NON -TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE
NORTHERLY;
5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 10°18'29" A DISTANCE OF 196.67 FEET;
6. THENCE NORTH 17°20'06" WEST 2.32 FEET;
7. THENCE SOUTH 70°59'40" WEST 5.46 FEET TO THE BEGINNING OF A NON -
TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 4°28'32" WEST;
8. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0°46'56" A DISTANCE OF 14.92 FEET;
9. THENCE NORTH 19'39'21" WEST 2.26 FEET;
10. THENCE SOUTH 72°48'56" WEST 5.33 FEET TO THE BEGINNING OF A NON -
TANGENT 1093.16-FOOT CURVE CONCAVE NORTHERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 5°33'56" WEST;
11. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1°12'31" A DISTANCE OF 23.06 FEET;
12. THENCE NORTH 64°22'12" WEST 22.77 FEET
13. THENCE SOUTH 73°31'31" WEST 51.34 FEET;
14. THENCE NORTH 79°14'13" WEST 36.38 FEET;
Page 1 of 2
15. THENCE NORTH 10°45'47" EAST 10.17 FEET TO THE BEGINNING OF A
TANGENT 9.50-FOOT RADIUS CURVE CONCAVE WESTERLY;
16. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31°17'38" A DISTANCE OF 5.19 FEET;
17. THENCE NORTH 78°46'27" WEST 47.66 FEET TO THE BEGINNING OF A
TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
18. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 89°59'24" A DISTANCE OF 23.56 FEET;
19. THENCE SOUTH 11°14'09" WEST 4.97 FEET;
20. THENCE NORTH 78°45'51" WEST 14.73 FEET TO THE WESTERLY LINE OF
SAID PARCEL 1;
21. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 6.66 FEET
TO THE BEGINNING OF A TANGENT 29.50-FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
22. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47°44'56" A DISTANCE OF 24.58 FEET TO A POINT ON
SAID NORTHERLY LINE OF PARCEL 1, SAID POINT ALSO BEING ON SAID
SOUTHERLY LINE OF PLAZA BOULEVARD;
23. THENCE ALONG SAID NORTHERLY LINE SOUTH 78°47'07" EAST 84.96
FEET TO THE BEGINNING OF A TANGENT 1039.64-FOOT RADIUS CURVE
CONCAVE NORTHERLY;
24. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°32'42" A
DISTANCE OF 209.49 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.117 ACRES, MORE OR LESS.
MfCKEY B. A
EXP. 3-31-10
Page 2of2
PAR,
f , J
PI\JI
PAR, 5
PAR, 3
Pl\il I-l3874
EXHIBIT "B"
-13874 PAR, ^R, 7
y
ACCESS AND UTILITY
EASEMENT REC. 4/5/85
AS FILE NO. 85-117680 O.R.
PM -1387-4
2
LEGEND
T.P.O.B.
P.O.B.
REVISED BY:
APPROVED BY:
Pj\il 13874
PAR, -1
557-322-14
NOTE: SEE SHEET 2 FOR TABULATED
LINE AND CURVE DATA. SEE DETAIL "A" -'
SHEET 2
-0
� 1
- P,O.B.
CP7
s \
'moo.
\`
��. CP6A
F1d'
72
TPOB
FEE AND
TCE
PERMANENT
ACQUISITION
AREA = 0.003 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.117 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
DATE:
NATIONAL CITY
PERMANENT ACQUISI110N
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-14
PACIFIC CASTLE BAY PLAZA, LLC
SHEET 1 OF 2 SHEETS
1" = 80'
DOC. NO.
DWG. NO.
*\ s
_AL*\ tee:
SVC tO \ ' o `'s, .9 � �
lil
,*, ♦ S
\-qi ; T.P.0.B.
FEE AND ''
TCE
Pi\il 13874
i)AR I
557-322-14
RJS 772
LEGEND
T.P.O.B.
P.O.B.
0
PERMANENT
ACQUISITION
AREA = 0.003 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.117 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
DETAIL "A"
NOT TO SCALE c.,t
O�0 >
5 ,
i
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
5'00'05"
1039.64'
90.75'
C2
7'49'42"
1083.17'
147.99'
C3
1018'29"
1093.16'
196.67'
C4
0'46'56"
1093.16'
14.92'
C5
112'31"
1093.16'
23.06'
C6
3117'38"
9.50'
5.19'
C7
89'59'24"
15.00'
23.56'
C8
47'44'56"
29.50'
24.58'
C9
11'32'42"
1039.64'
209.49'
TABULATED LIE DATA
UNE
BEARING
LENGTH
L1
S 82'30'04" W
14.55'
L2
S 73'31'31" W
51.34'
L3
N 7914'13" W
36.38'
L4
N 10'45'47" E
10.17'
L5
N 78'46'27" W
47.66'
L6
S 11'14'09" W
4.97'
L7
N 78'45'51" W
14.73'
L8
N 11'12'53" E
6.66'
L9
S 78'47'07" E
84.96'
r hA%c�
. 0'1
DETAIL "B"
>. NOT TO SCALE
tr-
c
SHEET 2 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN 8Y: KA
DATE: 5-21-08
NATIONAL CITY
NOT TO SCALE
CHECKED BY: MA
DATE: 5-27-08
APPROVED BY:
DATE:
PERMANENT ACQUISI110N
AND TEMPORARY CONSTRUC110N EASEMENT
APN 557-322-14
PACIFIC CASTLE BAY PLAZA, LLC
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 Cl rk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-58 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