HomeMy WebLinkAboutCC RESO 2010-61RESOLUTION NO. 2010 — 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-250-43; 1401 E. PLAZA BLVD; PLAZA SQUARE LTD)
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 — 61
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
/-1 /7 Q .1#
George H. iser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-250-43
THAT PORTION OF PARCEL "C" IN THE CITY OF NATIONAL CITY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114 OF PARCEL MAPS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
OCTOBER 15, 1974, 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 NORTH 48°10'29" EAST 131.15 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID PARCEL "C", SAID POINT ALSO BEING ON THE NORTHERLY LINE
OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID SOUTHERLY LINE NORTH 7°06'59" EAST 4.24
FEET;
2. THENCE SOUTH 82°54'53" EAST 15.00 FEET;
3. THENCE SOUTH 6°09'22" WEST 4.13 FEET TO A POINT ON SAID
SOUTHERLY LINE AND THE BEGINNING OF A NON -TANGENT 947.64-FOOT
RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 6°12'55" WEST;
4. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°54'40" A
DISTANCE OF 15.07 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.001 ACRES, MORE OR LESS.
MICKEY B. AGIDIRFiiE RCE 27648
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-43
THOSE PORTIONS OF PARCEL "B" AND PARCEL "C" IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114
OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY OCTOBER 15, 1974, 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 NORTH 48°10'29" EAST 131.15 FEET TO THE BEGINNING OF A NON -
TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 7°07'35" WEST, SAID POINT BEING ON THE
SOUTHERLY LINE OF SAID PARCEL "C" AND ON THE NORTHERLY LINE OF
PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
1. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND CONTINUING
ALONG THE SOUTHERLY LINE OF SAID PARCEL "B", ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 4°05'58" A DISTANCE OF
67.80 FEET;
2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF PARCEL "B"
NORTH 78°46'27" WEST 73.71 FEET TO THE SOUTHEAST CORNER OF AN
EASEMENT FOR STREET PURPOSES RECORDED JUNE 20, 1977 AT
FILE/PAGE NO. 77-243161 OF OFFICIAL RECORDS, SAID POINT BEING THE
BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY;
3. THENCE WESTERLY ALONG THE EASTERLY LINE OF SAID EASEMENT
AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90°00'36" A DISTANCE OF 31.42 FEET;
4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 11°14'09"
EAST 30.49 FEET;
5. THENCE LEAVING SAID EASTERLY LINE SOUTH 78°45'51" EAST 5.80 FEET;
6. THENCE SOUTH 11°14'16" WEST 25.99 FEET TO THE BEGINNING OF A
TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
7. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°00'43" A DISTANCE OF 23.57 FEET;
8. THENCE SOUTH 78°46'27" EAST 74.15 FEET TO THE BEGINNING OF A
TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY;
9. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0°49'15" A DISTANCE OF 14.55 FEET;
10. THENCE NORTH 6°37'33" EAST 16.09 FEET;
11. THENCE SOUTH 83°22'27" EAST 52.37 FEET;
12. THENCE SOUTH 6°37'33" WEST 13.19 FEET;
13. THENCE SOUTH 82°54'53" EAST 23.80 FEET;
14. THENCE SOUTH 6°09'22" WEST 4.88 FEET TO THE BEGINNING OF A NON -
TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 6°06'10" WEST;
Page 1 of 2
15. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°48'58" A DISTANCE OF 85.36 FEET;
16. THENCE NORTH 0°26'25" EAST 15.00 FEET TO THE BEGINNING OF A NON -
TANGENT 1000.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 1°17'58" WEST;
17. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 3°08'19" A DISTANCE OF 54.81 FEET;
18. THENCE SOUTH 1°16'06" EAST 15.00 FEET TO THE BEGINNING OF A NON -
TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 1°49'50" EAST;
19. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0°55'15" A DISTANCE OF 16.32 FEET;
20. THENCE SOUTH 17°33'53" EAST 2.57 FEET;
21. THENCE NORTH 72°07'59" EAST 9.70 FEET TO THE BEGINNING OF A NON -
TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 3°19'00" EAST;
22. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 3°25'17" A DISTANCE OF 60.64 FEET TO A POINT ON
THE EASTERLY LINE OF SAID PARCEL "C";
23. THENCE ALONG SAID EASTERLY LINE SOUTH 17°48'57" EAST 6 42 FEET
TO THE SOUTHEAST CORNER OF SAID PARCEL "C";
24. THENCE ALONG SAID SOUTHERLY LINE OF PARCEL "C" SOUTH 84°41'39"
WEST 49.99 FEET TO THE BEGINNING OF A TANGENT 947.64-FOOT
RADIUS CURVE CONCAVE NORTHERLY;
25. THENCE WESTERLY CONTINUING ALONG SAID SOUTHERLY LINE AND
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
11°31'16" A DISTANCE OF 190.55 FEET;
26. THENCE LEAVING SAID SOUTHERLY LINE NORTH 6°09'22" EAST 4.13
FEET;
27. THENCE NORTH 82°54'53" WEST 15.00 FEET;
28. THENCE SOUTH 7°06'59" WEST 4.24 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 0.125 ACRES, MORE OR LESS.
MICXEY B. AG
EXP. 3-31-10
Page 2 of 2
LEGEND
PERMANENT
ACQUISITION (FEE)
AREA = 0.001 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.125 ACRES
T.P.O.B. TRUE POINT OF BEGINNING
P.O.B. POINT OF BEGINNING
A CONTROL POINT PER ROS 17515
(C:
73.71 '
N 78 46'27" W
PLAZA 8LVD.
,tia 15
,55
EXHIBIT
S 07'07'35" yy R)
T.P.O.B.J/ j DETAIL
FEE AND, C NOT TO SCALE
TCE/z •�°b
EASEMENT FOR STREET
PURPOSES REC. 6/20/77
AT FILE/PAGE NO.
\ 77-243161 O.R.
PM\3J14
PAOR,
PAR, A R, B
3 784551» w
5.80' E M 3
i.\ 557-250-43 " I^
S 1174'16" W o o M 13
r`
25.99 c
Ga S 784627" E ^� S 83 °'
2227" E 0 1�
rry o
`° to
v
---- 7 �-
POP.
PAR,
4.15 `� 52.37' '"' •' �I8
C2
S�
P.O.B.
CP7 J S
TABULATED UNE DATA
LINE
BEARING
LENGTH
L1
N 7'06'59' E
4.24'
L2
S 82'54'53" E
15.00'
L3
S 6'09'22" W
4.13'
L4
S 82'54'53" E
23.80'
L5
S 6'09'22" W
4.88'
L6
S 17'33'53" E
2.57'
L7
N 72'07'59" E
9.70'
L8
S 84'41'39" W
49.99'
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
0'54'40"
947.64'
15.07'
C2
4'05'58"
947.64'
67.80'
C3
90'00'36"
20.00'
31.42'
C4
90'00'43"
15.00'
23.57'
C5
0'49'15"
1015.56'
14.55'
C6
4'48'58"
1015.56'
85.36'
C7
3'08'19"
1000.56'
54.81'
C8
0'55'15"
1015.56'
16.32'
C9
3'25'17"
1015.56'
60,64'
C10
11'31'16"
947.64'
190.55'
PM
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N C
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1 6
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ZIo to oon1 I5 Im
I�
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31-1 ^,
PAR, D
C10 LB
SEE DETAIL _ . - - 7j0.20'
1 1 79'01'
REVISED BY: DATE:
DRAWN BY: KA
DATE: 5-21-08
NATIONAL CITY
1' = 60'
CHECKED BY: MA DATE: 6-13-08
APPROVED BY: DATE:
PERMANENT ACQUISITION (FEE)
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-43
PLAZA SQUARE, LTD.
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
A) City CI rk of the City oNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-61 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