HomeMy WebLinkAboutCC RESO 2010-62RESOLUTION NO. 2010 — 62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-420-33; 1819 E. PLAZA BLVD;
SHRINERS HOSPITAL FOR CHILDREN/AMERICAN INTERNATIONAL ENTERPRISE)
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 — 62
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of APF)I, 2010.
Ron Morhison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-420-33
THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA
NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 29°54'45° WEST 123.72 FEET TO THE SOUTHEAST CORNER OF
NAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005-
0775749 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 72°00'25"
WEST 112.62 FEET TO THE BEGINNING OF A TANGENT 460.00-FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;
2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°05'53" A
DISTANCE OF 0.79. FEET TO THE SOUTHWEST CORNER OF SAID LAND;
3. THENCE ALONG THE WESTERLY LINE THEREOF NORTH 17°34'30' WEST
2.79 FEET TO THE BEGINNING OF A NON -TANGENT 444.34-FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 18°56'03' EAST;
4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0°08'02" A DISTANCE OF 1.04 FEET;
5. THENCE NORTH 70°55'55' EAST 112.40 FEET TO THE EASTERLY LINE OF
SAID LAND;
6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 4.92 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 0.010 ACRES, MORE OR LESS.
MICKEY B.A
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-420-33
THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA
NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN
TH•E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 29°54'45' WEST 123.72 FEET TO THE SOUTHEAST CORNER OF
LAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005-
0775749 OF OFFICIAL RECORDS, THENCE ALONG THE EASTERLY LINE OF SAID
LAND NORTH 17°43'55" WEST 4.92 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID EASTERLY LINE SOUTH 70°55'55" WEST 112.40
FEET TO THE BEGINNING OF A TANGENT 444.34-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY;
2. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 0°08'02" A DISTANCE OF 1.04 FEET TO THE
WESTERLY LINE OF SAID LAND; •
3. THENCE ALONG SAID WESTERLY LINE NORTH 17°34'30' WEST 10.00
FEET;
4. THENCE LEAVING SAID WESTERLY UNE NORTH 70'55'55' EAST 13.57
FEET;
5. THENCE NORTH 17°38'45' WEST 14.89 FEET;
6. THENCE NORTH 72°21'15' EAST 35.20 FEET;
7. THENCE SOUTH 17°43'14' EAST 12.01 FEET;
8. THENCE NORTH 70°55'55' EAST 44.18 FEET;
9. THENCE NORTH 16°27'25" WEST 16.11 FEET;
10. THENCE NORTH 73°32'35' EAST 20.06 FEET TO THE EASTERLY LINE OF
SAID LAND;
11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 27.19 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 0.048 ACRES, MORE OR LESS.
MICKEY B. AGUI
EXP. 3-31-10
RE/I
t 9SaS
CE8
civn.
EXHIBIT "B"
DRIVEWAY EASEMENT REC.
5/28/80 AS FILE NO.
80-172540 O.R.
P DR.
r112LOT 2
1/4 SEC. 120
MAP 166
557-420-33
CP5
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
0'05'53"
460.00'
0.79'
C2
0'08'02'
444.34'
1.04'
LEGEND
r////a
T,P.O.B. -
P.O.B.
A
DD1
1'L-6
PERMANENT
ACQUISITION
AREA = 0.010 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA= 0.048 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
DEED REC. 9/08/05 AS DOC.
NO. 2005-0775749 O.R.
• PJR,
UNNUMBERED LOT
KALESA WALK
MAP 14820
52"t 19 1T�55+ T.P.O.B.TCE �
S �14355� E
Ag2
N 8T46'13' E 805.90'
� T.P.O.B.
\ lr, PERM. ACQ.
\,ps.
)i*
P.O.B.
CP4
REVISED BY:
DATE:
DRAWN BY: KA
NATIONAL CITY
1"=3D'
DATE 8-26-08
CHECKED BY: MA
DATE: 9-05-08
APPROVED BY: DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-420-33
SHRINERS HOSPITALS FOR CHILDREN
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
1itN
2teij
e of fd
City Clk of the City ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-62 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