HomeMy WebLinkAboutCC RESO 2010-64RESOLUTION NO. 2010 — 64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-322-11; 1302 E. PLAZA BLVD; ALLIANCE LAUNDRY SYSTEMS, 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 — 64
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, C' y Clerk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-11
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 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 NORTH 73°29'32" WEST 113.10 FEET TO THE NORTHEAST CORNER OF
SAID PARCEL 7, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA
BOULEVARD AND THE TRUE POINT OF BEGINNING;
1. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 11°12'53"
WEST 33.48 FEET;
2. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 43.65
FEET;
3. THENCE NORTH 9°52'17" EAST 10.31 FEET TO THE BEGINNING OF A
TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 88°38'44" A DISTANCE OF 23.21 FEET;
5. THENCE NORTH 78°46'27" WEST 107.21 FEET TO THE WESTERLY LINE OF
SAID PARCEL 7;
6. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 8.49 FEET
TO THE NORTHWEST CORNER OF SAID PARCEL, SAID POINT BEING ON
SAID SOUTHERLY LINE OF PLAZA BOULEVARD;
7. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH
78°47'07" EAST (SOUTH 79°46'05" EAST PER SAID PARCEL MAP) 166.10
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.059 ACRES, MORE OR LESS.
MICKEY B. A
EXP. 3-31-10
RE RCE 27648
CIVIL
PAR, 5
PM /207g
PAP, 6
C►v 11.
REVISED BY:
DRAWN BY: KA
CHECKED BY: MA
EXHIBIT "B"
PI-q
CPS La.=---`
A BL Vp ' � .-S..
S 78
47,07` E
\7933�.
DRAINAGE EASEMENT REC. , Iv _ 1 p72T' � 166.10'
3/20/84 AS FILE NO. A = 88'38'44"
84-1000819 O.R. R = 15.00'
L = 23.21'
N 09'52'17" E
10.31'
DRAINAGE EASEMENT REC.-
3/20/84 AS FILE NO.
84-1000819 O.R.
PAR, 7
557-322-11
DRAINAGE EASEMENT REC.
3/20/84 AS FILE NO.
84-1000819 O.R.
NOTE: A BLANKET EASEMENT FOR
DRAINAGE PER PM 12079 COVERS
ENTIRE PROPERTY.
/LEGEND PAP, 5
T.P.O.B.
P.O.B.
A
DATE:
DATE:10-20-09
DATE:10-20-09
APPROVED BY: (DATE:
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.059 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515 7
NATIONAL CITY
T.P.O.B.
P.O.B.
CP7
12079
PAR.. 1
TEMPORARY CONSTRUCTION EASEMENT
APN 557-322-11
ALIJANCE LAUNDRY SYSTEMS LLC
PAP. 4
=
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 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. 2010-64 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