HomeMy WebLinkAboutCC RESO 2010-59RESOLUTION NO. 2010 — 59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-410-19; 1700 E. PLAZA BLVD; NAGRAJ, INC.)
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 — 59
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Vicilif,
Michael R. Dalla, Cierk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
ATTACHMENT 1
EXI-Hi13 l "A"
PERMANENT ACQUISIT V)N
APN 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80.00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, 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, 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 17°35'27" EAST 285.74 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 89°04'36" EAST 383.63 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-
0138180 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID WESTERLY L1NE NORTH 17°41'47" WEST 7.45 FEET
TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINN►NG OF A
NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11" WEST, SAID POINT
BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD;
2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°03'56" A DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF
SAID LAND, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'45" EAST
(SOUTH 4°24'17" EAST PER SAID DEED)
3. THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE
OF LAND PER SAID DEED SOUTH 17°41'47" EAST 2.81 FEET TO THE
BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'21"
EAST;
4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF
149.56 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.014 ACRES, MORE OR LESS.
MICKEY :. AG
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80.00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, 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, 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 17°35'27" EAST 285.74 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 89°04'36" EAST 383.63 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-
0138180 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT
612.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 9°19'30" WEST, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°59'51' A DISTANCE OF
149.56 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID
DEED;
2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°41'47" EAST (SOUTH
18°13'32" EAST PER SAID DEED) 10.26 FEET TO THE BEGINNING OF A
NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 4°53'08" EAST;
3. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 3°30'27" A DISTANCE OF
38.09 FEET;
4. THENCE SOUTH 0°49'41" WEST 4.00 FEET TO THE BEGINNING OF A NON -
TANGENT 626.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 1°21'50" EAST;
5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°25'08" A DISTANCE OF 48.30 FEET;
6. THENCE NORTH 9°40'39" EAST 4.03 FEET TO THE BEGINNING OF A NON -
TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 3°00'44" WEST;
7. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5°50'39" A DISTANCE OF 63.46 FEET TO A POINT ON
THE WESTERLY LINE OF LAND PER SAID DEED;
8. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47" WEST 11.20 FEET
TO THE TRUE POINT OF BEGINNING.
Page 1 of 2
AREA = 0.039ACRES, MORE OAT. LESS.
MICKEY 8. AG
EXP. 3-31-10
•
RCE 27648
Page 2 of 2
CP6 Z /� I a
13 i3
4
-` " IO i' )
)
.P_ e O
P.O.BA _ �A-
03
CP5-383.63
N 89'04'36"
T.P.O.B.J
PERM. ACO. y
AND TCE a
o_
EXHIBIT
PLAZA BLVD.
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
16'03'56"
540.00'
151.41'
C2
13'59'51"
612.20'
149.56'
C3
3'30'27"
622.20'
38.09'
C4
4'25'08"
626.20'
48.30'
C5
5'50'39"
622.20'
63.46'
LEGEND
T.P.O.B.
P.O.B.
A
PERMANENT
ACQUISITION
AREA = 0.014 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.039 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
S 04'40'21" E (R)
0
LAND PER DEED REC. 3/13/98
AS DOC. NO. 1998-0138180 O.R.
557-410-19
PoR, NW 1/4 Jr
W 1/2 oF 80
ACRE' LOT 2 JN
QUARTER SEG, 120 Jr
RHO, D LA NACION
MAP No, 186
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 4-16-08
NATIONAL CITY
SCALE
1"=40'
CHECKED BY: MA
DATE: 5-22-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
NAGRAJ 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
/1A;(201Aja
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. 2010-59 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