HomeMy WebLinkAboutCC RESO 2010-63RESOLUTION NO. 2010 — 63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-410-15; E. PLAZA BLVD; ORKIN, INC. C/O THRIFTY OIL COMPANY)
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 — 63
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of Apr 2010.
on Morrison, Mayor
ATTEST:
Mich el R. Dalla, Ci y Clerk
APPROVED AS TO FORM:
/ ,r)
George H. Eiser, Ill
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-15
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80 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 CP6 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 22°36'25" EAST 186.26 FEET TO A POINT IN A 30.00-FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LAND
PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO. 297183 OF
OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 53°46'05"
WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID NORTHERLY LINE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69°00'54" A
DISTANCE OF 36.14 FEET TO A POINT ON THE SOUTHERLY LINE OF
PLAZA BOULEVARD;
2. THENCE CONTINUING ALONG SAID NORTHERLY LINE, BEING SAID
SOUTHERLY LINE OF PLAZA BOULEVARD, SOUTH 74°45'10" EAST (SOUTH
75°14'37" EAST PER SAID DEED) 123.71 FEET TO THE NORTHEAST
CORNER OF SAID LAND;
3. THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 17°50'40" EAST
11.34 FEET;
4. THENCE LEAVING SAID EASTERLY LINE NORTH 74°59'42" WEST 138.66
FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE
CONCAVE SOUTHERLY;
5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 50°28'48" A DISTANCE OF 22.03 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 0.033 ACRES, MORE OR LESS.
MI KEY B. AG IRE RCE 27648
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-15
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80 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 CP6 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 22°36'25" EAST 186.26 FEET TO A POINT IN THE NORTHERLY
LINE OF LAND PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO.
297183 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A
NON -TANGENT 25.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 35°28'30" WEST, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID NORTHERLY LINE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'48" A
DISTANCE OF 22.03 FEET;
2. THENCE SOUTH 74°59'42" EAST 138.66 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LAND;
3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°50'40" EAST 18.21 FEET;
4. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°02'32" WEST 20.59
FEET;
5. THENCE NORTH 74°59'42" WEST 48.83 FEET;
6. THENCE NORTH 15°17'46" EAST 23.67 FEET;
7. THENCE NORTH 75°39'51" WEST 21.82 FEET;
8. THENCE SOUTH 14°32'57" WEST 18.92 FEET;
9. THENCE NORTH 74°59'42" WEST 59.55 FEET;
10. THENCE SOUTH 26°06'07" WEST 21.38 FEET;
11. THENCE SOUTH 72°12'40" WEST 7.90 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF THE SOUTHWESTERLY 30.00 FEET OF SAID
LOT 2, SAID LINE ALSO BEING THE EASTERLY LINE OF PALM AVENUE;
12. THENCE ALONG SAID NORTHEASTERLY LINE NORTH 17°47'20" WEST
13.15 FEET TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS
CURVE CONCAVE EASTERLY;
13. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 54°01'15" A DISTANCE OF 28.29 FEET TO THE TRUE
POINT OF BEGINNING.
PAGE 1 OF 2 PAGES
AREA = 0.086 ACRES, MORE OR LESS.
MICKEY B. A
EXP. 3-31-10
PAGE 2 OF 2 PAGES
P.0.8.
4CP6
\\
\\s
\\
w \ \ `'rn
1 N\ \
N 53'46'05" W (I?)
30.00' R
N 35'28'30" W (�
25.00' R
SWLY UNE -
OF LOT 2
EXHIBIT "B"
UTILITY AND
ACCESS
EASEMENT
REC. 3/1/57
IN BK. 6477
PG. 575 O.R.
T.P.O.B.
PERM. ACQ.
AND TOE
PLAZA
0" E &1 " a
LEGEND
r////a
1?3
557-410-15
NW 1/4 OF
T.P.O.B.
P.O.B.
A
W 1/2 LOT 2 IN
QUARTER SEC, 129 OF'
RJ-Jc, D LA NAGJON
]\AP No. 168
PERMANENT
ACQUISITION
AREA = 0.033 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.086 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
-- �� 11.35O 4 4Q" E
PM 13257
PA,, 3
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
69'00'54"
30.00'
36.14'
C2
50'28'48"
25.00'
22.03'
C3
54'01'15"
30.00'
28.29'
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 5-21-08
NATIONAL CITY
SCALE
1"=40'
CHECKED BY: MA
DATE: 5-27-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-15
ORKIN, 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
City f National City, California
CI rk of the City
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-63 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