HomeMy WebLinkAboutCC RESO 2010-60RESOLUTION NO. 2010 — 60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-322-09; 1220 E. PLAZA BLVD; NATIONAL 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 — 60
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
on Morrison, Mayor
ATTEST:
Mich el R. Dalla, Ci Clerk
APPROVED AS TO FORM:
i7 -at
George H. Eiser, Ill
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-322-09
THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF
PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF
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 THEREOF 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 CP8 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A
BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT IN THE NORTHERLY
LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF
PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.00-FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 3°01'51" EAST, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID NORTHERLY LINE WESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°15'24" A DISTANCE
OF 3.73 FEET;
2. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL 5;
3. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 0.44 FEET
TO THE NORTHWEST CORNER OF SAID PARCEL 5;
4_ THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH
78°47'07" EAST 49.32 FEET TO THE BEGINNING OF A TANGENT 15.31-
FOOT RADIUS CURVE CONCAVE NORTHERLY;
5. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°24'07" A
DISTANCE OF 0.64 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 22 SQUARE FEET, MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
EXHIBIT "A"
WESTERLY TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF
PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF
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 THEREOF 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 CP8 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A
BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF
PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.31-FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 8°48'46" WEST, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°35'53" A DISTANCE
OF 11.38 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS
REVERSE CURVE;
2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
45°00'00" A DISTANCE OF 9.42 FEET;
3. THENCE SOUTH 78°47'07" EAST 190.69 FEET TO THE NORTHERLY
CORNER OF SAID PARCEL 5 THAT IS COMMON TO SAID PARCEL 5 AND
PARCEL 6 OF SAID PARCEL MAP 12079;
4. THENCE ALONG A LINE COMMON TO SAID PARCELS 5 AND 6 SOUTH
11°12'53" WEST 8.49 FEET;
5. THENCE LEAVING SAID COMMON LINE NORTH 78°46'27" WEST 190.69
FEET TO THE BEGINNING OF A TANGENT 5.00-FOOT RADIUS CURVE
CONCAVE SOUTHERLY;
6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 4.21 FEET TO THE
BEGINNING OF A TANGENT 25.00-FOOT RADIUS REVERSE CURVE;
7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 21.03 FEET;
8. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL 5;
9. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 10.00 FEET;
Page 1 of 2
10. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 46.27
FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE
CONCAVE NORTHERLY;
11.THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14°15'24" A DISTANCE OF 3.73 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 0.053 ACRES, MORE OR LESS.
MICICEY B. AGR RCE 27648
EXP. 3-31-10
Page 2 of 2
EXHIBIT "A"
EASTERLY TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF
PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF
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 THEREOF 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 CP7 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A
BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 85°57'09" WEST 85.04 FEET TO A POINT ON THE EASTERLY LINE
OF SAID PARCEL 5 AND THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 29.52
FEET TO A POINT ON THE COMMON LINE BETWEEN PARCELS 5 AND 7 OF
SAID PARCEL MAP 12079;
2. THENCE ALONG SAID COMMON LINE NORTH 11°12'53" EAST 28.48 FEET
TO THE MOST NORTHERLY COMMON CORNER TO SAID PARCELS 5 AND
7, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD;
3. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH
78°47'07" EAST 39.19 FEET TO THE NORTHEAST CORNER OF SAID
PARCEL 5 AND THE BEGINNING OF A NON -TANGENT 29.50-FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT
BEARS NORTH 31°02'11" WEST;
4. THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID
PARCEL 5 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 47°44'56" A DISTANCE OF 24.58 FEET;
5. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 11°12'53"
WEST 6.66 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.021 ACRES, MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
la ti & -/z-og
RCE 27648
CIVO-
FOF ca_
PLAZA BLVD.
v Ari. 3
LEGEND
T.P.O.B.
P.O.B.
EXHIBIT
CP8 \� `
P.O.B. \\\ N 6
PERM. VO'0
ACQ. AND ,' 9 N
WLY TCE 9y ;BAD
L{lJ e
ur-1r{, 8
SEE DETAIL "A"
SHEET 2
12070
PAR
„B„
S .793
190.69' E •
78 47'07..
NOTE:
s9,
DRAINAGE EASEMENT
REC. 3/20/84 AS
AS DOC. NO.
84-100818 O.R.
PA2, 6 pm
557-322-09
NOTE: A BLANKET
EASEMENT FOR
DRAINAGE PER PM
12079 COVERS
ENTIRE PROPERTY.
5- LOT 3
1/', 6rG,
�` 13`�
J\AAP 188
PERMANENT ACQUISITION
AREA = 22 SQUARE FEET
WLY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.053 ACRES
E'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.021 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
SEE SHEET 2 FOR TABULATED
CURVE DATA.
DETAIL "8"
SHEET 2
'^ Qn P.O.B.
.711
b E'LY
g.
PAR, 1
PP/1 13874
PAR, t
PM 13874
PART, 3 PAR, 2
SHEET 1 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE:10-20-09
NATIONAL CITY
1"=150'
CHECKED BY: MA
DATE:10-20-09
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
NATIONAL PLAZA LLC
DOC. NO.
DWG. NO.
PM
CL.
PLAZA BLVD.
\ A9 3iM
\ S SO+
37*$w r++rr 49.32' \ ��
4g'►r,�+fffff2\ vl/
i2079 N 7846'27. W C1/
J
46.27'
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
1415'24"
15.00'
3.73'
C2
2'24'07"
15.31'
0.64'
C3
42'35'53"
15.31'
11.38'
C4
45'00'00"
12.00'
9.42'
C5
4811'23"
5.00'
4.21'
C6
4811'23"
25.00'
21.03'
C7
47'44'56"
29.50'
24.58'
LEGEND
T.P.O.B.
P.O.B.
PAF-i, 5
557-322-09
DETAIL "A"
NOT TO SCALE
PERMANENT ACQUISITION
AREA = 22 SQUARE FEET
WLY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.053 ACRES
E'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.021 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
_DRAINAGE
EA AS p0� 20/84 -NT
84-100878 O.R.
PAri.
T.P.O.B.
PERM. ACQ. S 7847'07"
AND WLY
TCE r C� ti 7190.69
C3
S 3'01'51" E R)
/ i15.00' R.
�i 7847'07" E\��i
;r \ 7404 39.19'
%b. 4,
29.52'-
N 78'45'S1 a
19O7g7 W
FAH, 5
557-322-09
DETAIL "B"
NOT TO SCALE
4114,
N 78 46 27" W
Pi\il 13874
PAR, -1
S 11'12'S3•
>6.66' w
85.04' --Am"-
S 8857'09" W
T.P.O.B.
E'LY TCE
SHEET 2 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE:10-20-09
CHECKED BY: MA
DATE: 10-20-09
APPROVED BY:
DATE:
NATIONAL CITY
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
NATIONAL PLAZA LLC
NO SCALE
DOC. NO.
DWG. NO.
PAR, 3
PI\j1
LEGEND
T.P.O.B.
P.O.B.
A
REVISED BY:
EXHIBIT "B"
PAP. 5
SEE DETAIL 'A"
SHEET 2
12079
190.69'
N 78 46'27" w
DRAINAGE EASEMENT
REC. 3/20/84 AS
AS DOC. NO.
84-100818 O.R.
PAIR, 5 Pj\i1 -1
557-322-09
NOTE: A BLANKET
EASEMENT FOR
DRAINAGE PER PM
12079 COVERS
ENTIRE PROPERTY.
PJri.
Lo73
1/4 S r
c-A132
MAP -188
PERMANENT ACQUISITION
AREA = 22 SQUARE FEET
WLY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.053 ACRES
E'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.021 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
DATE:
DRAWN BY: KA
DATE: 5-19-08
NOTE: SEE SHEET 2 FOR TABULATED
CURVE DATA.
DETAIL "8'
SHEET 2
CP7
P.O.B.
E'LY
TCE
13874
Pi\il 13874
PAR, 3 PAR, 2
----A SHEET 1 OF 2 SHEETS
NATIONAL CITY
NO SCALE
CHECKED BY: MA
DATE: 6-12-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
PACIFIC REALTY ASSOCIATES, L.P.
DOC. NO.
DWG. NO.
PLAZA �9 3M
BLVD. \ �9 yes
`��....................
�►+"r'++;.78'47'07" E \ SSA F I
�N 7846'27" W +"`+++ 49.32'
46.27' ""'+
1707, N 78 46'27" W
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
14'15'24"
15.00'
3.73'
C2
2'24'07"
15.31'
0.64'
C3
42'35'53"
15.31'
11.38'
C4
45'00'00"
12.00'
9.42'
C5
4811'23"
5.00'
4.21'
C6
4811'23"
25.00'
21.03'
C7
47'44'56"
29.50'
24.58'
LEGEND
T.P.O.B.
P.O.B.
A
46.27'
PAR, J
557-322-09
DETAIL "A"
NOT TO SCALE
PERMANENT ACQUISITION
AREA = 22 SQUARE FEET
WLY TEMPORARY CONSTRUC110N
EASEMENT (TCE)
AREA = 0.053 ACRES
E'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.021 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
ORAINA EA
00c. AS
44
R.
AS . 3/20/9 ENT
84_100818 O.
zl
PAR, 7 j
T.P.O.B.
PERM. ACQ. S 7847'07"
AND WLY
TCE f C4 a90.6g
S 3'01'51" E R)
15.00' R.
\2i
7847'07" \ \!may
39.19' �` J
N, / '\ PM 1 87'r
► `f r7AR. 1
i172 53" W
\(5) \ 90. 9'��-
846?7" W
2s.s2
N 78•' 5'S1,
PM20797 W
PAR, J
557-322-09
DETAIL "B"
NOT TO SCALE
�- 85.04' -'�-
S 88'57'09" W
T.P.O.B.
E'LY TCE
SHEET 2 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 5-19-08
NATIONAL CITY
NO SCALE
CHECKED BY: MA
DATE: 6-12-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-09
PACIFIC REALTY ASSOCIATES, LP.
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
J
o
City • erk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-60 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