HomeMy WebLinkAboutCC RESO 2010-67RESOLUTION NO. 2010 — 67
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 556-590-60 AND 556-590-61; 900 E. PLAZA BLVD,
AND 1019-1045 HIGHLAND AVE.; SOUTH BAY SPE,. 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 — 67
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day ofril, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ATTACHMENT 1
4
; T.,rIIL 1 1 „A..
TE PORI.`. Y CONSTRUCTION EASEVEN 1
APN :56 5y+) 6i1
THAT FJRTION OF PARCEL 'i IN THE CITY OF NATIONAL C'.Y, S AUNTY ;_)F SAN
DIEGO, STATE :'r CALIFOTN:A, ;'.S SH 7 dN AT PAGE 139G0 OF FARCE!_ ;,RAPS,
FILED HI Tk,E: OFFICE :OF I -IF ,C)I I; i ,ECORDER (:)F SAN DIEGO C`>UNTY,
SEPTLMB F' 18, 1985, MORE PART " JLI,6-'±. Y U SCF IBE s) AS 1::OLLO'`, ,
BEGINNING AT A BRASS fltSK STA R, >:D (I• ACCORDING TO .. C'-+':D JF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH H 77°41'45" V1+'ES 1270.33 FEET PROM A
BRASS DISK STAMPED CP3 ACCORDINt7 TO SAID '.E:iG0174.0 OE SURVE`l MAP;
THENCE E SOUTH 64°54'08" FAc;T 195.70 FEET TO THE NO fl ;EAST CORNER OF
SAID PARCEL 1, SAID POINT ALSO BEING ON 'THE SOUTHERLY 1 ItsIF. OF - ZA
BOULEVARD AND THE TRUE POINT OF' :3EGINN SIG;
1. THENCE ALONG THE EAS-FERLY LINE OF SAID PARCEL 1 SOUTH 17°46'06"
EAST 9.71 FEET;
2. THENCE SOUTH 72°44'12' WEST 7.30 FEET;
3. THENCE SOUTH 17°15'48" EAST 5.00 FEE
4. THENCE' SOUTH 72°44'12" WEST 58.15 FEET;
5. THENCE NORTH 17°53'52" WEST 5.00 FEET;
6. THENCE SOUTH 72°44'12" WEST 53.41 FEET TO THE BEGINNING OF A
TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
/. THENCE SOUTHWESTERLY ALONG THE ARC OE SAID CURVE THROUGH
A CENTRAL ANGLE OF 56°25'02" A DISTANCE OF 14.77 FEET;
8. THENCE SOUTH 17°47'17" EAST 18.95 FEET;
9. THENCE SOUTH 72°12'43" WEST 9.53 FEET TO THE 'NESTERL.Y LINE OF
SAID PARCEL 1;
10. THENCE ALONG SAID WESTERLY LINE NORTH 17°45'46" WEST 14.21 FEET
TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
11. THENCE CONTINUING ALONG SAID- WESTERLY LINE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'31" A
DISTANCE OF 31.41 FEET TO THE NORTHERLY LINE OF PARCEL. 1;
12. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 120.99
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.040 ACRES, MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
RCE 27648
oQ�OFESS/0R
cc.'?
B. AGU�9e�c+
c.' �^ m
No.27646 ^�
`L x
Exp.03/31/10
➢� CIVIL �?
\rf OF CAL'EO�
HIGHLAND AVE.
LEGEND
T.P.O.B.
P.O.B.
A
EXHIBIT
PLAZA BLVD.
N 7213'43" E
53.41'
c . S 72'44'12" W
.
"-r)
1�)
195.70'
S 64'54'08" E
120.99'
PM 13060
PAR, 1
556-590-60
NOTE: A BLANKET EASEMENT FOR
DRAINAGE PER PM 12079 COVERS
ENTIRE PROPERTY.
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.040 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
„B»
P.O.B.
CP9 _ 1270.33' _ �P'�
S 77'41'45" W
T.P.O.B.
`
\ / NE COR. PAR. 1
777-7 >9.71'
S 1715'48" E / S 17'46'06" E
//-5.00'-4 1, / S 7244'12" W
58.15' i 7.30'
72'44'12" W \—CENTERLINE ACCESS AND
UTILITY EASEMENTS REC.
2/9/54 IN BK. 5136 PG.
141 O.R. AND IN BK.
5136 PG. 143 D.R.
PM 13960
PAR, 2
15' DRAINAGE
EASEMENT
PER PM 13960
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
C1
56'25'02"
15.00'
14.77'
C2
89'59'31"
20.00'
31.41'
SHEET 1 OF 1 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 2-18-09
NATIONAL CITY
1"=30'
CHECKED BY: MA
DATE: 2-18-09
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 556-590-60
SOUTH BAY SPE LLC
DOC. NO.
DWG. NO.
EXHIBIT "A"
PERMANENT ACQUISITION
API' 556-590-61
THAT PORHON OF PARCEL 2 IN i'-IE CITY CIF NATON! L CITY, COI_:NTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS `>I-KANN AT PAGE 1:7i90 OF PARCEL MAPS,
FLED IN THE OFFICE OF THE COUNTY 17ZECORDEP OF 3,' _'+P.;,(:r COUNTY,
SEPTEMBER 18, 1965, MORE: PARTICULARLY UE C,Ri IIII AS I=O'_..OWS:
BEGINNING AT A BRASS DISK STAMPED! CP9 ACCORDING 10 RECOR.D OF
SURVEY MAP NO. 17515 FILED IN "THEOFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 77°4145" WEST 127U. s3 I'EET FROM A
BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE 3F PLAZA
BOULEVARD AND THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 358.92
FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2;
2. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH +7°46'�17"
EAST 3.18 FEET;
3. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44' 12" WEST 263.51
FEET;
4. THENCE SOUTH 17°38'58" EAST 6.00 FEET;
5. THENCE SOUTH 72°44'12" WEST 25.00 FEET;
6. THENCE NORTH 17°38'58" WEST 5.00 FEET;
7. THENCE SOUTH 72°44'12" WEST 70.43 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 0.016 ACRES, MORE OR LESS.
MI EY B. AG IR RCE 27648
EXP. 3-31-10
EXHIB?T ".A"
TEMPORARY CONSTRUCTION !EASEMENT
APN i 56-590-.61
THAT PORTION OF PARCEL 2 IN THE ;ITY OF NATIONAL CITY, ' TY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT' ,
SEPTEMBER 18, 1985, MORE PARTiCULEF LY DESCRIBED AS OLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING IC' RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE , )IT: THE CIJ'..:NTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM
BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA
BOULEVARD AND THE TRUE POINT OF BEGINNING;
1. THENCE NORTH 72°44'12" EAST 70.43 FEET;
2. THENCE SOUTH 17°38'58" EAST 5.00 FEET;
3. THENCE NORTH 72°44'12" EAST 25.00 FEET;
4. THENCE NORTH 17°38'58" WEST 5.00 FEET;
5. THENCE NORTH 72°44'12" EAST 2,3.51 FEET TO THE EASTERLY LINE OF
SAID PARCEL 2;
6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 10.00 FEET;
7. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 38.41
FEET;
8. THENCE SOUTH 17°15'48" EAST 8.00 FEET;
9. THENCE SOUTH 72°44'12" WEST 67.21 FEET;
10. THENCE NORTH 17°15'48" WEST 8.00 FEET,
11. THENCE SOUTH 72°44'12" WEST 124.91 FEET;
12. THENCE SOUTH 17°38'58" EAST 5.00 FEET;
13. THENCE SOUTH 72°44'12" WEST 35.00 FEET;
14. THENCE NORTH 17°38'58" WEST 5.00 FEET;
15. THENCE SOUTH 72°44'12" WEST 97.92 FEET TO THE WESTER! r LINE OF
SAID PARCEL 2;
16. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'06" WEST 9.71 FEET
TO THE NORTHWEST CORNER OF SAID PARCEL;
17. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH
72°13'43" EAST 32.51 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.103 ACRES, MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
S 70'39
C9B�__ EXHIBIT "B"
20" E ti S 77 41 45 yy — y— — — — — — CP8
220.64' " PLAZA BLVD.
PM 13J6O
PAR, 1
LEGEND
T.P.O.B.
P.O.B.
RENSED BY:
DRAWN BY: KA
CHECKED BY: MA
APPROVED BY:
�T.P.O.B.
PERM. ACQ.
AND TCE
CENTERLINE ACCESS AND
U111JTY EASEMENTS REC.
2/9/54 IN BK. 5136 PG.
141 O.R. AND IN BK.
5136 PG. 143 O.R.
PERMANENT
ACQUISITION
AREA = 0.016 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
DATE:
DATE: 2-18-09
DATE: 2-18-09
DATE:
PAR, 2
556-590-61
SEE DETAILS
"A" AND "B"
SHEET 2
PAR, )) PM 12079
r AR, J
NOTE: A BLANKET EASEMENT FOR
DRAINAGE PER PM 12079 COVERS
ENTIRE PROPERTY.
LEGEND (CONT.)
EASEMENT (TARYCE)STRUCnoN
AREA = 0.103 ACRES
CONTROL POINT
PER ROS 17515
NATIONAL CITY
11
CC
CL,
SHEET 1 OF 2 SHEETS
1"=100'
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUC110N EASEMENT
APN 556-590-61
SOUTH BAY SPE LLC
DOC. NO.
DWG. NO.
N 7213'43" EN ?p6, <O.
32.51'\A,�
LEGEND
T.P.O.B.
P.0.8.
9.71''
N 17'46'06" W )
CENTERUNE ACCESS AND
UTIUTY EASEMENTS REC.
2/9/54 IN BK. 5136 PG.
141 O.R. AND IN BK.
5136 PG. 143 O.R.
PM 13960
PAR, 1
<wa
ZoU l
ZQzs.-
w •cLco
-,'.2
CV 4- 1n
PERMBACQ. PLAZA BLVD.
AND TCE
7213'43" E 358.92'
97.92' 3
S 72'44'12" W �i 35.00'-‘
$ 5 72'44'12" W "o w
inco
co
n
h
PM 13960
PAR, I
r
556-590-61
NOTE: A BLANKET EASEMENT FOR
DRAINAGE PER PM 12079 COVERS
EN11RE PROPERTY.
DETAIL "A"
NOT TO SCALE
PLAZA BLVD.
N 7213'43" E 358.92'
L
PERMANENT
ACQUtSI110N
AREA = 0.016 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.103 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
•
• 1 1
t- 67.21' S 72'44'12" W
3 o S 72'44'12" W oo
m PM 13960 °°
PAR, 2
z 556-590-61
DETAIL "B"
NOT TO SCALE
m
W
w
ic
58
TABULATED UNE DATA
UNE
BEARING
LENGTH
L1
S 72'44'12" W
263.51'
L2
S 17'38'58" E
5.00'
L3
S 72'44'12" W
25.00'
L4
N 17'38'58. W
5.00'
L5
S 72'44'12" W
70.43'
L6
S 72'4412" W
124.91'
SHEET 2 OF 2 SHEETS
REVISED 8Y:
DATE:
DRAWN BY: KA
DATE: 2-18-09
NATIONAL CITY
NOT TO SCALE
CHECKED BY: MA
DATE: 2-18-09
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 556-590-61
SOUTH BAY SPE LLC
DOC. NO.
DWG. N0.
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
l'itlAP/)
City C rk of the City f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-67 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