HomeMy WebLinkAboutCC RESO 2010-71RESOLUTION NO. 2010 — 71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-410-05; 1736-1740 E. PLAZA BLVD;
AIRTEMIO P. PUEDAN AND FLORA O. PUEDAN, TRUSTEES)
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 — 71
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of Ap , 2010.
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Fiser, III
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-05
THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN
QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 11, 1869, 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 NORTH 87°46'13" EAST 805.90 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY
LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO.
2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID EASTERLY LINE SOUTH 76°30'26" WEST 36.83
FEET .TO THE BEGINNING OF A TANGENT 612.20-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY;
2. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF18°49'13" A DISTANCE OF 94.24 FEET TO A POINT
ON THE WESTERLY LINE OF LAND PER SAID DEED;
3. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47" WEST 2.61 FEET
TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A
NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'45" EAST, SAID POINT
BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD;
4. THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND AND
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
13°54'25" A DISTANCE OF 131.07 FEET TO THE NORTHEAST CORNER OF
SAID LAND;
5. THENCE ALONG SAID EASTERLY LINE THEREOF SOUTH 17°21'57" EAST
4.01 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 0.008 ACRES, MORE OR LESS.
MIKEY ' A E RCE 27648
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-05
THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN
QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 11, 1869, 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 NORTH 87°46'13" EAST 805.90 FEET FROM A
BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY
LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO.
2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET
TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 17°02'52" EAST;
2. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 4°13'52" A DISTANCE OF
45.95 FEET;
3. THENCE NORTH 49°05'05" WEST 9.94 FEET TO THE BEGINNING OF A
NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
12°13'37" EAST;
4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1°43'25" A DISTANCE OF 18.72 FEET;
5. THENCE SOUTH 33°00'13" WEST 10.97 FEET TO THE BEGINNING OF A
NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9°49'35"
EAST;
6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN
THE WESTERLY LINE OF LAND PER SAID DEED;
7. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47" WEST 18.44 FEET
TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 4°40'21" EAST;
8. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49'13" A DISTANCE OF
94.24 FEET;
Page 1 of 2
9. THENCE NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 0.049 ACRES, MORE OR LESS.
•
MICKEY B. AGI$IRR,Q RCE 27648
EXP. 3-31-10
Page 2 of 2
cEI
� 1" m No. �
Exp. 03/31/10
CP5
S 03'58'45" E (R)
20"
N��•41'A1
LEGEND
T.P.O.B.
P.O.B.
A
EXHIBIT
N 87'46'13" E
»B»
805.90'
p1-AZA B
L
VD
.
PERMANENT
ACQUISITION
AREA = 0.008 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.049 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
C2
LAND PER DEED REC.
9/25/03 AS DOC. NO.
2003-1182085O.R.
?DR NW 1/4 OF
W 1/2 L o7 2 IN
GJAr1EJ SEG, 120 OF.
rid -JD, D1 LA NAGJON
MAP NO, 165'
557-410-05
S 17'21'57" E
4.01'
- S 86'54'27" W 144.07 P.O.B.
U11UTY AND ACCESS CP4
EASEMENT REC. 7/23/68
AS FILE NO. 124201 O.R.
T.P.O.B.
PERM. ACQ.
AND TCE
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
8'49'13"
612.20'
94.24'
C2
13'54'25"
540.00'
131.07'
C3
413'52"
622.20'
45.95'
C4
1'43'25"
622.20'
18.72'
C5
4'49'39"
622.20'
52.42'
REVISED BY:
DRAWN BY: KA
CHECKED BY: MA
DATE:
DATE: 4-16-08
DATE: 5-19-08
NATIONAL CITY
SCALE
1"=40'
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-05
THE PUEDAN FAMILY TRUST DATED 9/05/03
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 C rk of the City of ational City, California -
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-71 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