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HomeMy WebLinkAboutCC RESO 2010-69RESOLUTION NO. 2010 — 69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-27; E. PLAZA BLVD; 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 — 69 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of il, 2010. Ron Morrison, Mayor ATTEST: 4 Afil) Michael R. Della, Cit Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-27 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 64°00'54" EAST 155.92 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°50'40" WEST 1.79 FEET TO THE NORTHWEST CORNER OF PARCEL A OF "AMENDED AND RESTATED CERTIFICATE OF COMPLIANCE" RECORDED JUNE 11, 2007 AS FILE NO. 2007-0392909 OF OFFICIAL RECORDS, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL A SOUTH 74°45'11" EAST 194.35 FEET TO THE EASTERLY LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°44'14" EAST 0.80 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°42'21" WEST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57" A DISTANCE OF 3.20 FEET; 5. THENCE NORTH 74'59'42" WEST 190.61 FEET TO THE TRUE POINT OF BEGINNING. AREA = 211 SQ. FT., MORE OR LESS. �Gvu.( 2 4 -/a MICKE_Y B. AGUI RF CE 27648 EXP. 3-31-10 �, EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 64°00'54" EAST 155.92 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID WESTERLY LINE SOUTH 74°59'42' EAST 190.61 FEET TO THE BEGINNING OF A TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57" A DISTANCE OF 3.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°44'14" EAST 11.81 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°07'20" WEST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 9.59 FEET; 5. THENCE NORTH 74°59'42" WEST 172.56 FEET; 6. THENCE SOUTH 72°02'32" WEST 9.74 FEET TO A POINT ON SAID WESTERLY LINE OF PARCEL 3; 7. THENCE ALONG SAID WESTERLY LINE NORTH 17'50'40" WEST 18.21 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,969 SQ. FT., MORE OR LESS. MI AG iIRT: RCE2 648 EXP. 3-31-10 RFESS/04, 0B.AGe:eC 4 V� -9 co No. 27648 Exp. 03131/10 OF CA1-* 4CP6 CP EXHIBIT �,` PLAZA et VD, 1J s vfl w ` - �5A -� �;, k6�559�iv i i -o P.O.B. CP5 POFL NW 1/4 OF W 1/2 LOT 2 IN � rJ - r' rJ �, r r Q rri rR Sri, 129 Jr RHO', Dr LA NACIDIN MAP No. 166 PAR, SEE DETAIL 10' SEWER EASEMENT PER PM 13257 SHEET 2 AME'NDrD AND RE'S i D 1 CE:RT1F]CJ T • OF COMPLIANCE.: REG. 6/11/07, AS Hal: NO. \2Jo! -o3929o9 O..ft PM -13257 LEGEND \ V////4 Pr\f 1 PERMANENT ACQUISITION AREA = 211 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,969 SF T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 SHEET 1 OF 2 SHEETS REVISED BY: MA DATE: 2-04-10 DRAWN BY: KA DATE: 4-15-08 NATIONAL CITY SCALE 1"=50' CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THRIFTY OIL CO., A CALIFORNIA CORPORATION DOC. NO. DWG. NO. X�Q05 T.P.O.B: PERM. a w ACQ. AND ci TCE EXHIBIT "B" S Pi. AZA ei. 45 to.11" SEWER, DRAINAGE, AND A' f1P. EMBANKMENT EASEMENT 9 42` Hr �� - REC. 10/4/68 AS FILE `� j N �� `� �: 5' NO. 173322 O.R. ao 745g 42, W 4 `1 0 •�-1�JJ \-- 557-410-27 _ C] „ o N 1 DRAINAGE EASEMENT - .. -4 o PER PM 13257 10' SEWER ��2 SEWER SERVICE EASEMENT — u' EASEMENT PER PER PM 13257 S 14'42'21" W (R) ip '' PM 13257 `>�Ari, — J l x rt rr,, rr11 AND r� Sr 14.07'210. W (R) \ ANI END D AND r1L' J 1 r\T FD �r�r)- r r r , r ,r a � f rri IFICA rE Jr C Ji\iIPL lANl� r' o�oo / _ 000� T1 .0� 6/ 1107 A$ rII r ND,�tnrn��m \ 2007-03929909 O FL 1 !-OF, PArir, 3 g J TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 017'57" 612.20' 3.20' C2 0'52'56" 622.20' 9.59' DETAIL NOT TO SCALE LEGEN D 1//////1 PERMANENT ACQUISITION AREA = 211 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,969 SF T.P.O.B. TRUE POINT OF BEGINNING SHEET 2 OF 2 SHEETS REVISED BY: MA DATE: 2-04-10 DRAWN BY: KA DATE: 4-15-08 NATIONAL CITY NO SCALE CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THRIFTY OIL CO., A CALIFORNIA CORPORATION 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 I City Clerk of the City of'National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-69 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 Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano +�+ CALIF° NATIO y{`a Ct7rIt l� tiv atov Office of the City Attorney TO: City Clerk FROM: Ginny Miller, Legal Assistant SUBJECT: Final Orders of Condemnation City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: May 7, 2013 Attached please find for your files an original, recorded Final Order of Condemnation in the matter of National City v. Thrifty Oil Company, Case No. 37-2010-0077985, which pertains to APN 557-410-27. Thank you. Attachment cc: City Engineer 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 PLEASE CO`iVIPLEIE THIS INFORMATION. RECORDING REQUESTED BY: RAUCH DETISCH & STEINKE, APLC AND WHEN RECORDED MAIL TO: 1010 Second Ave., Suite 1770 San Diego, CA 92101 eai/Ape YMb c J i»4 ,9tL . DOG ti 2013-0236738 111111111111111110111111111101111111111111011111111111111 APR 16, 2013 12:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES. 12 I lialiifii11111111111111111111111111 iiiii 1111111011111111111 iiii iiii THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Rec.Form #R25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10017 L E D Clert Ntle SU erior Court APR 09 n13` By: A. Taylor, Deputy IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO — CENTRAL DIVISION CITY OF NATIONAL CITY, a public agency, Plaintiff, v. THRIFTY OIL COMPANY, a California Corporation; PARADISE VALLEY DEVELOPMENT, INC., a California Corporation: COUNTY OF SAN DIEGO, a Public Entity; PALM PLAZA ASSOCIATES; SAN DIEGO LAND & TOWN CO.; REX INVESTMENT, CO., LTD., a California Corporation; and DOES 1 through 50, inclusive, Defendants. Case No. 37-2010-00077985-CU-EI-SC FINAL ORDER OF CONDEMNATION Portion of Assessor's Parcel Number: 557-410-27 Address: Vacant Lot on Plaza Blvd., National City, CA 91950 Action Filed: June 29, 2010 Judge: Hon. Timothy B. Taylor Dept.: C-72 Trial Date: None Set Judgment in Condemnation having been entered in the above -entitled action on April 2, 2013 in the Office of the County Court Clerk of San Diego County, State of California, and it appearing to the Court's satisfaction that the above -named plaintiff, under that judgment, has paid to the defendant, THRIFTY OIL CO., a California Corporation, just compensation in the sums set forth and disbursed in accordance with the Stipulation for Judgment in Condemnation and Judgment in Condemnation on file in this action: NOW THEREFOR IT IS HEREBY ORDERED AND ADJUDGED: The temporary, permanent easements and right of way on and across portions of that parcel of property, situated in the City of National City, County of San Diego, State of California, 10018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 more particularly described in Exhibit "A" attached hereto and incorporated herein, is hereby condemned to and taken for the public uses stated in the Complaint as amended in this action. On filing a certified copy of this Final Order of Condemnation with the County Recorder of the County of San Diego, State of California, the temporary and permanent easements on and across a portion of the parcel of property described herein and in Exhibit "A" attached hereto and incorporated herein shall finally and completely vest in Plaintiff, its successors and assigns. IT IS FURTHER ORDERED AND ADJUDGED that Defendants shall pay any and all unpaid taxes (and penalties, if any) on those portions of the real property condemned herein up to the date of this order and that taxes thereafter be cancelled in accordance with the California Revenue and Taxation Code 5084. DATED: i:iri;thy . 'Iay Or JUDGE OF THE SUPERIOR COURT mars csRr[Rcmit The foregoing document cauisting& risieefal is a PA, :rue, and oaten Czigmrt!JCDCail it •^: i Gf rise Swaim Cant FINAL ORDER OF CONDEMNATION 2 10019 Exhibit "A" 10020 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-27 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF-CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST30, 2002 WHICH BEARS SOUTH 17°35'27' EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 64°00'54' EAST 155.92 FEET TO -A POINTINTHE WESTERLY - LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1 _ THENCE ALONG SAID WESTERLY LINE NORTH 17°50'40" WEST 1.79 FEET TO THE NORTHWEST CORNER. OF PARCEL A OF `AMENDED AND RESTATED CERTIFICATE OF COMPLIANCE' RECORDED JUNE 11, 2007 AS FILE NO. 20.07-0392909 OF OFFICIAL RECORDS, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY- LINE OF SAID PARCEL A SOUTH 74°45'11" EAST 194.35 FEET TO THE EASTERLY LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17'44'14' EAST 0.80 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°42'21" WEST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57' A DISTANCE OF 3.20 FEET; 5. THENCE NORTH 74°59'42" WEST 190.61 FEET TO THE TRUE POINT OF BEGINNING. AREA = 211 SQ. FT., MORE OR LESS. , 0 ESS!0 453 AB. AG ti y � 1 No. 27648 `c Exp.03f31/10 MICKEY B. AGUIRRt?'V CE EXP. 3-31-10 1L1121 EXHIBIT "A" 'TEMPORARY CONSTRUCTION EASEMENT APN 557410-27 THAT PORTION 'OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL -CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO: 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS. SOUTH .17°35'2T EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH -64°00'54" EAST 155.92 FEET TO A POINT IN 'THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1_ THENCE LEAVING SAID WESTERLY LINE SOUTH 74°59'42` EAST 190.61 FEET TO THE BEGINNING. OF A TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57" A DISTANCE OF 3.20 FEET TO A POINT ON THE EASTERLY. LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°44'14" EAST 11.81 FELL TO THE BEGINNING OF A NON TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°07'20" WEST; • 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 9.59 FEET; 5. THENCE NORTH 74°59'42" WEST 172.56 FEET; 6. THENCE SOUTH 72°02'32' WEST 9.74 FEET TO A POINT ON SAID WESTERLY LINE OF PARCEL 3; 7. THENCE ALONG SAID WESTERLY LINE NORTH 17°50'40' WEST 18.21 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,969 SQ. FT., MORE OR LESS_ r MI EY :. AG IR : RCE 2 648 EXP. 3-31-10 / QQ,OFESS/0,, G 9 h F m w No.27648mt Exp. 03131/10 47 N 4- 9% P.O_a CP5 POE, NW 114 OF W1/2I012IN +?JART JR CEO', 128 OF RHO, DE LA NACIDN MAP NO, 166 PAR. . 7 557-410-27 \ PAR. r) . A AMlEN I4D AND RESTATED CE ITIFIGATE OF COMPLIANCE:. REC. 6111107 AS FILE NO, \20o7-o 92009 Oft PM 13267 LEGEND \ T.P.O.B. PAR, PERMANENT ACQUISITION AREA = 211 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,969 SF TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SHEET 1 OF 2 SHEETS SCALE 17= 50' DOC_ NO. REVISED BY: MA DATE: 2=04-10 DRAWN BY: KA DATE: 4-15-08 NA11ONAL CITY CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THRIFTY OIL CO., A CALIFORNIA CORPORATION DWG. NO. 6�b54 N T.P.0.8: PERM. z. ACQ. AND ci` TCEo. EXHIBIT "B" 7 N ��5-410-27 DRAINAGE EASEMENT PER PM 13257 SEWER SERVICE EASEMENT PER PM 13257 10' SEWER EASEMENT PER PM 13257 S 14'42'21* W (R) • 1CJ23 SEWER, DRAINAGE, AND EMBANKMENT EASEMENT REC. 10/4/68 AS FILE. NO. 173322 O.R —C2 PAIR, AS 1407'20' W (R) AMENDED AND RESTATED c TIFIcAT., OF CD)\JIPIIAN-CE REC. 6/11l07 As r1 r No, 2007-03o2909 OJ L TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 017'57' 612.20' 3.20' C2 O'52'S8' 622.20' 159' CC ti)n o�<o t0000� �CC�m Er) crzwr En u] U I < o POn . PAR 3 <� `� �'� cc p 3 0 <1---2 Zt--N DETAIL •0W W C11.1.10 o M 1.1- MUJ•LU NOT TO SCALE M Q y z ¢ -1 I- W << Li. LEGEND T.P.O.B. PERMANENT ACQUISITION AREA =•211 SF 4.3 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,969.SF TRUE POINT OF BEGINNING REVISED BY: MA DATE: 2-04-10 GRAM BY: KA DATE: 4-15-08 NATIONAL CITY SHEEI 2 OF 2 SHEETS NO SCALE CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 1HRIFIY OIL CO_, A CALIFORNIA CORPORATION DOC. NO. DWG. NO. ' PLAZA BOULEVARD • „• if ) ":-?o• PROPOSED R/W EXISTING R/W VACANT LOT 557-410-27 PLAZA BLVD • CONST EASE NA .7\ ---'.. .• \ ro -- „-- ',, 4:1i, ...- ) „-- \ , THRIFTY OIL CO. CONSTRUCTION EASEMENT (1949 SF) RICHT OF WAY TAKE IZ11 SF) CITY OF NATIONAL CITY v. THRIFTY OIL CO., et al. SDSCC No. 37-2010-00077985-CU-El-SC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE RAUCH DETISCH & STINKE, APLC Donald W. Detisch, Esq. (SBN 47675) 1010 Second Avenue, Suite 1770 San Diego, California 92101 Telephone: (619) 515-1140 Facsimile: (619) 235-9100 I, Silvia Diaz, declare and state as follows: 10025 F 1 L E D Clerk of the Suoerior Court APR 082013 By: A. Taylor, Deputy I am employed by the Law Offices of Don Detisch which is in the County of San Diego, State of California. I am over the age of 18 and not a party to the herein action. My business address where the mailing occurs is 1010 Second Ave., Suite 1770, San Diego, California 92101. I further declare that I am readily familiar with the business' practice for collection and processing of mail with the U.S. Postal Service this day in the ordinary course of business. On April 8, 2013, I served the following document(s) described as: Final Order of Condemnation on the interested parties in this action as follows: Kevin H. Brogan, Esq. Hill, Farrer & Burrill, LLP One California Plaza, 37th Floor 300 South Grand Avenue Los Angeles, CA 90071-3147 Attorneys for Thrifty Oil Co. Fax: (213) 624-4840 (MAIL) I placed each such sealed envelope, with postage thereon fully prepaid for first-class mail, for collection in the United States Postal Service the same day as it is placed for collection and mailing. (OVERNIGHT MAIL ) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the parties listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (FACSIMILE) I served the foregoing document(s) via facsimile on the above -named parties in this action as addressed herein. No error was reported by the facsimile machine that I used. (PERSONAL) I personally served the foregoing document(s) on the above -named parties. XXX (EMAIL OR ELECTRONIC TRANSMISSION) Based on an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the parties listed above at the email addresses listed. I did not receive, within a reasonable time after the transmission, any electronic message or indication that the transmission was unsuccessful. PROOF OF SERVICE I declare under penally of perjury under the laws of the state of California that the foregoing is true and correct. 10026 Executed on April 8, 2013 at San Diego, California 2 PROOF OF SERVICE TRUE COPY CERTIFICATION 10027 Y, (Government Cade 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Aptnir a/ aatiniul WA) 77 ,, /irryeirj clecamw) Eonfah of ._.—. pafc(r),'r a {u(ld7keJ Auld comet- city cF 1t+a a riptal 611 an h 1P 1++ Ikid J (�Je th9&i o F I/iv �e#i CCU Del,(2/ / Date Signatur :f Dec ant fli7 e//e Type or Print game Rec. Form #R9.1 (6-11-03)