HomeMy WebLinkAboutCC RESO 2010-73RESOLUTION NO. 2010 — 73
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES
(A.P.N. 557-310-26; 2401 E. PLAZA BLVD; TRACEY NOEL MILLER, TRUSTEE)
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 — 73
April 6, 2010
Page 2
PASSED and ADOPTED this 6th day of April 2010.
on Morrison, Mayor
ATTEST:
>i
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
ATTACHMENT 1
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-310-26
THAT PORTION OF THE WEST HALF . OF THE NORTHWEST QUARTER OF
QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A
BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 61°14'53" WEST 150.80 FEET TO THE BEGINNING OF A NON -
TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 48°47'55" EAST, SAID POINT ALSO BEING ON
THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS
DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON
THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF
BEGINNING;
1. THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID LAND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31°05'49" A DISTANCE OF 13.57 FEET TO A POINT ON
THE NORTHEASTERLY LINE OF SAID LAND AND THE BEGINNING OF A
NON -TANGENT 12.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 82°11'00" EAST;
2. THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID LAND AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°29'47" A
DISTANCE OF 12.67 FEET;
3. THENCE SOUTH 52°40'47" WEST 1.50 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 10.0 SQUARE FEET, MORE OR LESS.
MICXEYB. A
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-310-26
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF
QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY
RECORDER. OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A
BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE SOUTH 61°14'53" WEST 150.80 FEET TO A POINT IN THE
SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS
DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID LINE ALSO BEING THE
NORTHWESTERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE
POINT OF BEGINNING;
1. THENCE ALONG SAID, SOUTHEASTERLY LINE SOUTH 52°40'47" WEST
29.94 FEET;
2. THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 37°19'13" WEST
9.50 FEET;
3. THENCE NORTH 52°40'47" EAST 25.14 FEET TO THE BEGINNING OF A
TANGENT 14.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 70°21'47" A DISTANCE OF 17.19 FEET;
5. THENCE NORTH 17°41'00" WEST 8.84 FEET;
6. THENCE NORTH 72°19'00" EAST 7.79 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF SAID LAND, SAID LINE ALSO BEING THE
SOUTHWESTERLY LINE OF EUCLID AVENUE;
7. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 17°41'00" EAST
17.56 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY;
8. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°52'00" A DISTANCE OF 2.07 FEET TO THE
BEGINNING OF A NON -TANGENT 25.00-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
79°53'44" EAST;
9. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 31°05'49" A DISTANCE OF 13.57 FEET TO THE
TRUE POINT OF BEGINNING.
TOGETHER WITH:
Page 1 of 2
THOSE PORTIONS OF QUARTER SECTIONS 106 AND 129, RANCHO DE LA
NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A SAID BRASS DISK STAMPED CP2 WHICH BEARS SOUTH
56°05'31" WEST 686.13 FEET FROM SAID BRASS DISK STAMPED CP1
ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 46°19'58"
EAST 104.05 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER DEED
RECORDED MAY 13, 1986 AS DOCUMENT NO. 86-189361 OF OFFICIAL RECORDS,
SAID LINE ALSO BEING THE NORTHERLY LINE OF 12TH STREET, SAID POINT
BEING THE TRUE POINT OF BEGINNING;
1. THENCE NORTH 4°57'58" EAST 4.37 FEET TO THE BEGINNING OF A NON -
TANGENT 96.23-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 4°27'41" EAST;
2. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 10°05'09" A DISTANCE OF 16.94 FEET;
3. THENCE SOUTH 73°41'26" EAST 8.94 FEET TO THE BEGINNING OF A
TANGENT 10.00-FOOT RADIUS CURVE CONCAVE NORTHERLY;
4. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 53°37'47" A DISTANCE OF 9.36 FEET;
5. THENCE NORTH 52°40'47" EAST 140.79 FEET;
6. THENCE SOUTH 37°19'13" EAST 9.50 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID LAND PER DOCUMENT NO. 83-273525,
SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF PLAZA
BOULEVARD;
7. THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHEASTERLY
LINE OF SAID LAND PER DOCUMENT NO. 86-189361 SOUTH 52°40'47"
WEST 138.79 FEET TO THE BEGINNING OF A TANGENT 10.00-FOOT
RADIUS CURVE CONCAVE NORTHERLY;
8. THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 60°01'13" A DISTANCE OF 10.48 FEET TO THE
NORTHERLY LINE OF 12TH STREET AND THE BEGINNING OF A TANGENT
90.00-FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY;
9. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 20°55'07" A DISTANCE OF 32.86 FEET TO THE
TRUE POINT OF BEGINNING.
AREA = 0.047 ACRES, MORE OR LESS
MICKEY B. A
EXP. 3-31-10
Page 2 of 2
LEGEND
-IQ3
T.P.O.B.
P.O.B.
A
\ 1%
•Bra/rRLY GLEN
/MAP 275 1
PERMANENT
ACQUISITION
AREA = 10.0 SQUARE FEET
N'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.012 ACRES
S'LY TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.035 ACRES
TRUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
4o-
EXHIBIT
PPr-,SP
<2.
. CP1
FEE AND . /�
N'LY TCE `a //
SEE DETAIL "A"
SHEET 2
/PDri,
1/4 BEC, 106 (
RHO, r�r LA NAC lON
/ MAP 166
PEDESTRIAN ACCESS
EASEMENT REC. 1/29/79
AS FILE NO. 79-043820 O.R.
Off' c> q, \
P� Pyh� 557 310-26
,
SEE DETAIL "B" k
SHEET 2
P , 4
1/4 B r c. 129
RHO, DE LA NAcloN o /
MAP 166
\ 2
3
it
T.P.O.B.
S'LY TCE
I //•
ll
CP2 /1 r
1, P.O.B.
S'LY
TCE
♦
1
\
/
T.P.O.B.
PERM.
ACQ.
AND
N'LY
TCE
SHEET 1 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 4-30-08
NATIONAL an'
1"
= 80'
CHECKED BY: MA
DATE: 5-22-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-310-26
THE AIMEE FRANKHOUSE TRUST
DOC. NO.
DWG. NO.
ti
04
8
P JFL.
1/4 SEe, 106
RHO, D�
LA NAGIJN
MAP 186
3j79'13:60'
NOTE: SEE SHEET 1 FOR LEGEND
i
/
N
U
• cp/
.a / J.
�h�hry / cow
C,
//
POFL.
1/4 SEG. 106 /
PH O. E �/
LA NAGioj\I
\ MAP 166 -
\
PEDESTRIAN ACCESS \
T.P.O.B. EASEMENT REC. 1 /29/79 \
PERM. ACQ. AS ALE NO. 79-043820 O.R.
AND N'LY
�. TCE
4141
Q�
Q~
POOP.
1/4 SEC, 129
RHO, DE LA 1NAG'1nN
MAP 166
PEDESTRIAN ACCESS
EASEMENT REC. 1/29/79
AS ALE NO. 79-043820 O.R.
DETAIL "A"
NOT TO SCALE
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
31'05'49"
25.00'
13.57'
C2
60'29'47"
12.00'
12.67'
C3
7071'47"
14.00'
17.19'
C4
9'52'00"
12.00'
2.07'
C5
10'05'09"
96.23'
16.94'
C6
53'37'47"
10.00'
9.36'
C7
60'01'13"
10.00'
10.48'
C8
2055'07"
90.00'
32.86'
12
'
0 \r• 0 co
(-4 /m
T.P.O.B.
S'LYTCE
v o,
NI' i
DETAIL "B"
NOT TO SCALE
SHEET 2 OF 2 SHEETS
REVISED BY:
DATE:
DRAWN BY: KA
DATE: 4-30-08
NATIONAL CITY
NOT TO SCALE
CHECKED BY: MA
DATE: 5-22-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-310-26
THE AIMEE FRANKHOUSE TRUST
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
C rk of the City of b
City ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-73 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