HomeMy WebLinkAboutCC RESO 2010-65RESOLUTION NO. 2010 — 65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-380-51; E. PLAZA BLVD; BDI-IV, 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 — 65
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. Eiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-380-51
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
EAST 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 MADE BY MORRILL AND
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY
11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A
BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY
LINE OF PARCEL 2B PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO.
303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE
NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID NORTHEASTERLY NORTH 37°19'13" WEST 2.57
FEET;
2. THENCE NORTH 52°40'47" EAST 15.00 FEET;
3. THENCE SOUTH 37°19'13" EAST 3.09 FEET TO A POINT ON SAID
NORTHEASTERLY LINE, SAID POINT ALSO BEING ON SAID
NORTHWESTERLY LINE OF PLAZA BOULEVARD;
4. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH
54°41'24" WEST 15.01 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.001 ACRES, MORE OR LESS.
MICKEY B. A
EXP. 3-31-1
RE RCE 27648
5- 2/-o$
CIVIL
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-380-51
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
EAST 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 MADE BY MORRILL AND
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY
11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A
BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY
LINE OF PARCEL 2B PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO.
303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE
NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 54°41'24" WEST 2.72
FEET TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE;
2. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH
82°04'29" WEST 28.28 FEET TO A POINT ON THE EASTERLY LINE OF
GROVE STREET;
3. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH
37°04'29" WEST 7.47 FEET;
4. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 52°55'31' EAST
5.00 FEET TO THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 52°55'31" WEST;
5. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°14'44" A DISTANCE OF 23.63 FEET;
6. THENCE NORTH 52°40'47" EAST 27.60 FEET;
7. THENCE SOUTH 37°19'13" EAST 5.00 FEET;
8. THENCE NORTH 52°40'47" EAST 33.55 FEET TO A POINT ON THE
WESTERLY LINE OF PARCEL 1 PER DEED RECORDED JULY 1, 2005 AS
DOCUMENT NO. 2005-0558846 OF OFFICIAL RECORDS;
9. THENCE ALONG SAID WESTERLY LINE SOUTH 17°40'11" EAST 10.09 FEET
TO THE MOST EASTERLY CORNER OF SAID PARCEL 2B, SAID POINT
ALSO BEING ON SAID NORTHWESTERLY LINE OF PLAZA BOULEVARD;
10. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH
54°41'24" WEST 40.19 FEET;
11. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 37°19'13" WEST
3.09 FEET;
12. THENCE SOUTH 52°40'47" WEST 15.00 FEET;
Page 1 of 2
13. THENCE SOUTH 37°19'13" EAST 2.57 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 776 SQ. FT., MORE OR LESS.
/
Ai- ;�/G GG ✓ 3v-Oy
MI KEY B. AGIISR RCE 27648
EXP. 3-31-10
Page 2 of 2
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
90'14'44"
15.00'
23.63'
2.57'
EXHIBIT "B"
\v.\
401
SCOPE ckg,�. 129384 0
as FOR. OF THE N 1/2
Or TI-1, NW 1/4 Jr
\ THE 1/2 OF LOT 2 IN
IN 1/4 SE.C. 129
r,H0, Or LA NAC1ON
\ MAP 166 y�
557-380-51 „1
Cb•
28.28 =2��f�4�':
N 82'04 29" W
/9"..*
145.11R
eh
c,
4
N 82
29 jJI
04. " W ,L /I•ro � PERM. ACQ.
D'• d AND TCE
4 1?-1 Z..,
4.z DETAIL
S NOT TO SCALE
I S_3Esi
/1
/c.
z/
,1,
P.O.B.
CP3
LEGEND
urn,
T.P.O.B.
P.O.B.
0
WLY LINE OF
PAR. 1 PER DEED REC.
7/1/05 AS DOC. NO.
2005-0558846 O.R.
MOST E'LY COR.
PARCEL 2B PER
DEED REC.
12/29/71 AS
FILE NO.
303841 O.R.
4
/ rSEE DETAIL
PERMANENT ACQUISITION
AREA = 42 SQ. FT.
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 776 SQ. FT.
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT PER ROS 17515
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 3-30-09
�
NATIONAL CITY
1" = �r
CHECKED BY: MA
DATE: 3-30-09
APPROVED BY: DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-380-51
BDI-IV, LLC
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 National City, California
Clerk of the
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-65 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