HomeMy WebLinkAboutCC RESO 2010-68RESOLUTION NO. 2010 — 68
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-250-40; 1325 E. PLAZA BLVD; TRUSTEE OF THE GLENN BATHELOR TRUST)
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 — 68
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-40
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 5574, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 16, 1977, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF
SURVEY MAP NO. 1751.5 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 37°34'06" WEST 189.57 FEET TO A POINT ON THE EASTERLY
LINE OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY LINE OF N
AVENUE AND THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID EASTERLY LINE SOUTH 11°14'09" WEST 5.00 FEET
TO THE NORTHERLY CORNER OF THAT PORTION OF SAID PARCEL 2
DEEDED TO THE CITY OF NATIONAL CITY BY DEED RECORDED
SEPTEMBER 23, 1977, AS FILE NO. 77-390650 OF OFFICIAL RECORDS AND
THE BEGINNING OF A TANGENT 17.50-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY;
2. THENCE LEAVING SAID EASTERLY LINE SOUTHWESTERLY ALONG THE
NORTHWESTERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'24" A DISTANCE
OF 27.49 FEET TO THE WESTERLY CORNER OF SAID LAND, SAID POINT
BEING ON THE SOUTHERLY LINE OF SAID PARCEL 2 AND ON THE
NORTHERLY LINE OF PLAZA BOULEVARD;
3. THENCE ALONG SAID SOUTHERLY LINE NORTH 78°46'27" WEST (NORTH
79°49'30" WEST PER PARCEL MAP 5574) 102.50 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL 2;
4. THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH
11°07'41" EAST 9.50 FEET;
5. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 13.92
FEET;
6. THENCE SOUTH 9°25'47" WEST 2.78 FEET;
7. THENCE SOUTH 77°58'06" EAST 38.80 FEET;
8. THENCE SOUTH 8°33'59" WEST 2.22 FEET;
9. THENCE SOUTH 79°04'08" EAST 12.24 FEET;
10. THENCE NORTH 8°10'08" EAST 5.48 FEET;
11. THENCE SOUTH 78°46'27" EAST 4.20 FEET;
12. THENCE NORTH 10°13'34" EAST 13.00 FEET;
13. THENCE SOUTH 78°46'27" EAST 51.19 FEET TO THE TRUE POINT OF
BEGINNING.
Page 1 of 2
AREA = 0.036 ACRES, MORE OR LESS.
MI KEY B. AUI
EXP. 3-31-10
Page2of2
EXHIBIT "B"
t PM 1 65
PAR L
ACPB N 78 46'27"
10250.
LEGEND
T.P.O.B.
P.O.B.
A
PAiJ 3-114
POR. PAR. 8
PLAZA BL V,
0• f.
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.036 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
TABULATED LINE DATA
LINE
BEARING
LENGTH
Li
S 8'33'59" W
2.22'
L2
N 810'08" E
5.48'
L3
S 78'46'27" E
4.20'
12' ACCESS AND
U11UTY EASMENT REC.
11/26/63 AS FILE NO.
210450 O.R.
A = 89'59'24"
R = 17.50'
L = 27.49'
` �19`337
T.P.O.B.
TCE
POR. OF PAR. 2
DEEDED TO CITY OF
NATIONAL CITY BY
\ ,/ DEED REC. 9/23/77
AS FILE NO.
\', 77-390650 O.R.
P.O.B.
CP7
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 5-21-08
NATIONAL CITY
1"=30'
CHECKED BY: MA
DATE 5-27-08
APPROVED BY:
DATE:
TEMPORARY CONSTRUCTION EASEMENT
APN 557-250-40
G. BATCHELOR TRUST 1-25-07
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 Clerk of the City o National nal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-68 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