HomeMy WebLinkAboutCC RESO 2010-70RESOLUTION NO. 2010 — 70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-420-30; E. PLAZA BLVD;
TODD AL-BAYATI/SAMIYA ABDUL SATTAR KADDORY)
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 — 70
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of Apt, 2010.
on Morrison, Mayor
ATTEST:
;titiA?
Mich el R. Dalla, Cit Clerk
APPROVED AS TO FORM:
o
George H. Eiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-420-30
THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 5478, 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 JANUARY 13,
1977 AS FILE NO. 77-014262 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 65°12'41" WEST 1089.05 FEET FROM A
BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 66°29'03" WEST 39.12 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA
BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°27'25" EAST 2.54
FEET;
2. THENCE SOUTH 76°30'26" WEST 15.00 FEET;
3. THENCE NORTH 16°27'25" WEST 2.06 FEET TO A POINT IN SAID
NORTHERLY LINE;
4. THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'06" EAST (NORTH
73°43'06" EAST PER SAID PARCEL MAP) 14.98 FEET TO THE TRUE POINT
OF BEGINNING.
AREA = 34 SQ. FT., MORE OR LESS.
o13.
Q F Sf N
1
3 No.27o"48 i
1 Exp. 03/31;10
ti JF pF CAUF�
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-420-30
THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 5478, 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 JANUARY 13,
1977 AS FILE NO. 77-014262 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 65°12'41" WEST 1089.05 FEET FROM A
BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 66°29'03" WEST 39.12 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF
PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'06" EAST 16.99
FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2;
2. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 17°45'13"
EAST 13.11 FEET;
3. THENCE LEAVING SAID EASTERLY LINE SOUTH 76°30'26" WEST 37.31
FEET;
4. THENCE NORTH 16°27'25" WEST 5.01 FEET;
5. THENCE SOUTH 76°30'26" WEST 90.18 FEET TO THE WESTERLY LINE OF
SAID PARCEL 2;
6. THENCE ALONG SAID WESTERLY LINE NORTH 17°21'57" WEST 4.04 FEET
TO THE NORTHWEST CORNER THEREOF;
7. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH
74°41'06" EAST 95.14 FEET;
8. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°27'25" EAST 2.06
FEET;
9. THENCE NORTH 76°30'26" EAST 15.00 FEET;
10. THENCE NORTH 16°27'25" WEST 2.54 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 923 SQ. FT., MORE OR LESS.
MICKEY B. AG
EXP. 3-31-10
W
o T.P.O.B.
PERM. ACQ.
AND TCE
a rn
DETAIL
NOT TO SCALE
N
EXHIBIT
111
/39g03+ T.P.O.B. 662g03
PERM. ACQ.
AND TCE �5
SEE DETAIL
THIS SHEET
"
HIGHWAY SLOPE
EASEMENT REC.
3/11/71 AS FILE
NO. 46267 O.R.
Pori, NW 1/4 Or
W 1/2 oF. 80
AG i� LOT IN
QUART5Si SE.C. 129 OF
R-10, D LA N r� 010 N
MAP No, 166
LEGEND
LL/7ZJ
T.P.O.B.
P.O.B.
PERMANENT
ACQUISITION
AREA = 34 SQUARE FEET
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 923 SQUARE FEET
TRUE POINT OF BEGINNING
POINT OF' BEGINNING
CONTROL POINT
PER ROS 17515
557-420-30
PARL,
CP3
S 65�29•Q �I'
P.O.B.
CP4
5478
TABULATED UNE DATA
UNE
BEARING
LENGTH
L1
S 1677'25" E
2.54'
L2
S 76'30'26" W
15.00'
L3
N 16'27'25" W
2.06'
L4
N 74'41'06" E
14.98'
L5
N 74'41'06" E
16.99'
PAR, 1
EXP. 31 M • '10
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 4-28-09
NATIONAL CITY
SCALE
1"=40'
CHECKED BY: MA
DATE: 4-28-09
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-420-30
TODD AL-BAYATI AND SAMIYA ABDUL SATTAR KADDDRY
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
/ N
City C rk of the Ci y of N frtional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-70 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