HomeMy WebLinkAboutCC RESO 2011-248RESOLUTION NO. 2011 — 248
RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING RESOLUTION NO. 2010-59 ADOPTED ON APRIL 6, 2010, AND
FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF
CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES
FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT
(Nagraj, Inc.)
(A Portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard)
WHEREAS, the City of National City is a municipal corporation organized and
existing under the laws of the State of California; and
WHEREAS, the City Council of the City of National City on April 6, 2010 adopted
Resolution No. 2010-59 authorizing the acquisition of certain real property by eminent domain
for the Plaza Boulevard Street Widening Project; and
WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent
Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled
City of National City v. Nagraj, Inc., et al. to acquire portions of Assessors Parcel No. 557-410-
19, therein alleged; and
WHEREAS, the City now desires to effect an amendment to Resolution No.
2010-59 to more particularly describe the property and property interests to be acquired from
the owners of Assessors Parcel No. 557-410-19; and
WHEREAS, in connection with its municipal purposes, it appears necessary for
the City of National City to acquire certain real property interests for right-of-way and street
improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and
WHEREAS, the public interest, convenience and necessity require the
acquisition of the real property interests more particularly described and depicted in the
attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D",
attached hereto, indicating the general location of the property to be acquired and depicting the
property; and
WHEREAS, said Project is planned and located in a manner that will be most
compatible with the greatest public good and the least private injury; and
WHEREAS, said real property interests are necessary for the Project; and
WHEREAS, the real property interests to be acquired for the Project are located
entirely within the territorial limits of the City of National City; and
WHEREAS, the City of National City is authorized to acquire said real property
interests by eminent domain pursuant to the California Constitution, Article 1, Section 19;
California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et
seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and
California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and
1255.410;
Resolution No. 2011 — 248
November 15, 2011
Page Two
WHEREAS, an offer to purchase the required interests in the real property
necessary for the Project was made to the owner of record, Nagraj, Inc., pursuant to
Government Code Section 7267.2, which offer has not been accepted; and
WHEREAS, the City of National City finds and determines that its Notice of
Intention to Adopt this Amended Resolution of Necessity was served on the owner of the
subject real property and its attorneys of record, and on the date, time and place fixed for this
hearing on the Amended resolution, this City Council did hear and consider all the evidence
presented.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of
National City, pursuant to the Code of Civil Procedure Sections 1240.030, 1245.230 and
1245.235, finds determines and hereby declares, by a vote of no less than two-thirds of its
members, as follows:
1. That the above recitations are true and correct.
2. That the public interest, convenience and necessity of the City of National City
and the inhabitants thereof require the improvements and appurtenances thereto in connection
with the proposed public Project, named "Plaza Boulevard Street Widening Project".
3. That the improvements and appurtenances thereto to be constructed upon, over,
under, along, and across the real property described and depicted in the attached Exhibits as
now amended, have been planned and located in the manner which will be most compatible
with the greatest public good and the least private injury.
4. The real property and improvements sought to be acquired by this Resolution are
necessary for the proposed Project. A copy of the legal descriptions as amended are attached
as Exhibits "A", "B" and "C", and incorporated by reference. A map and Plat depicting the real
property to be acquired is attached as Exhibit "D", and incorporated herein by reference.
5. That an offer, as required by Government Code Section 7267.2 was made to the
owners of record of the properties to be acquired, and notice and opportunity to appear before
the City Council as required by Section 1245.235 of California Code of Civil Procedure has been
given to the owner(s) of record. The owner was provided notice of his hearing as well as of the
amended resolution. The offer has been made in compliance with all requirements of the
California Eminent Domain Law.
6. The City Council of the City of National City has reviewed and considered the
accompanying supporting Staff Report recommending the condemnation of said property and
the amendment of Resolution No. 2010-59, and has heard and considered all evidence
including all oral and written evidence. A copy of the Staff Report for the City of National City
and incorporated herein by this reference regarding the amended resolution has been made a
part of the administrative record herein,
Resolution No. 2011 — 248
November 15, 2011
Page Three
BE IT FURTHER RESOLVED that the Amended legal description (Temporary
Construction Easement) set forth herein is hereby adopted, accepted and approved for the
acquisition of the property and supersedes the prior legal description set forth in Resolution No.
2010-59. In all other respects Resolution 2010-59, including the City Council's previous findings
and determinations, remains the same, and said Resolution is incorporated herein as though
fully set forth herein.
BE IT FURTHER RESOLVED that there may be portions of said real property
sought to be acquired which are appropriated to public uses; and the proposed use will not
unreasonably interfere with or impair the continuance of the public use as they then exist or may
reasonably be expected to exist in the future. That pursuant to Code of Civil Procedure section
1240.510, the City of National City is authorized to acquire said real property by eminent
domain; that the City Attorney is hereby directed to obtain possession of the real property
interests sought to be acquired as promptly as possible.
PASSED and ADOPTED this 15th day of November, 2011.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, !i ity Clerk
PPROVED S TO FORM.
udia Gaci ua Silva
City Atto
EXHIBIT "A"
PERMANENT ACQUISITION
AP.N 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80:00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE IA NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN. DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THEOFFICEOF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, -MAY 11,. 1869,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°3527' EAST 285.74 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH $9°04'36° EAST 383:63 FEET TO A POINT IN THE WES IERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-
0138180 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1_ THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47' WEST 7.45 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 12°05'11' WEST, SAID POINT
BEING. ON THE SOUTHERLY UNE OF PLAZA BOULEVARD;
2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°03'56" A DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF
SAID LAND, A RADIAL LINE TO. SAID POINT BEARS SOUTH 3°58'45" EAST
(SOUTH 4°24'17". EAST PER SAID DEED)
3. THENCE LEAVING SAID NORTHERLY UNE ALONG THE EASTERLY LINE
OF .LAND PER SAID DEED SOUTH 17°41'4T EAST 2.61 FEET TO THE
g {}-r KTION= TANGENT-6'122OTODTRADIUS:CURVE CONCAVE: -
NORTHERLY; A RADIAL LINE TO SAID POINT SEARS SOUTH 4°40'21"
EAST;
4. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARC OF
SAID. CURVE THROUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF
149.56 FEET TO THE TRUE POINT OF:BEGININING.
AREA . 0.014 ACRES,- MORE OR LESS:
MICKEY $. AG
EXP. 3-31-10.
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
A Temporary Construction Easement and the right to use and occupy the surface and subsurface of
said easement for a period of twelve (12) months commencing on November 16, 2011 and
terminatii 19 twelve (12) months later. The actual time to effect the construction on and use of the real
property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the
actual construction a 30 day notice will be given to the owner(s) andoccupants of the real property.
There will be no other physical usage of the Temporary Construction Easement other than during
the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged
and/or stored within the easement area. Said Temporary Construction Easement shall include the
right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a
part hereof and to perform all acts necessary for the construction of street improvement structures
and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts
shall further include, without limitation, construction and installing street improvements, driveway
transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes,
landscaping, restoring and replacing private improvements located in and on said easement area
described in Exhibit "C" and Exhibit "D".
EXHIBIT"B"
(Page 2)
This easement shall further include the right of unobstructed ingress and egress from the street to
the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass
over and along the easement, and to utilize tools, implements and other materials on the easement
area andto utilize construction, automotive and other equipment thereon when necessary for the
purposes of exercising the rights secured hereunder.
Upon completion of the construction work, the City, and/or its contractors, employees, agents or
representatives shall (a) remove from the Temporary Construction Easement its and their
construction equipment and materials and restore the easement area equal to the condition it was
prior to the date and time of the commencement of the term of this easement. The restoration shall
specifically include the repair/replacement of any landscaping, structures, fences, driveways, or
other improvements on or in the easement area that belong to the owner(s) and that are or have
been removed, damaged or destroyed by the City, and/or contractors, agents and employees.
Impacted utilities and/or light standards will be protected in place/and/or relocated.
The Temporary Construction Easement areais described in Exhibit "C" and Exhibit "D", attached
hereto and hereby incorporated by reference and consists of approximately 0.039 Acres.
Exhibit "C"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80.00 ACRE -LOT 2 IN QUARTER SECTION .129.OF RANCHO DE LA t4ACION, IN
THE CITY OF NATIONAL CITY, COUNTY OFSANDIEGO, 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 CP5 ACCORDING TO RECORD OF.
SURVEY MAP NO: 17515 FILED IN THE OFFICE OF THE•COUNTYRECORDER ON
AUGUST 30, 2002• WHICH' BEARS SOUTH 17°35'27' EAST 285.74 FEET FROM A
BRASS. DISK STAMPED CP6.•A000RDING TO .SAID RECORD OF SURVEY MAP;
THENCE NORTH 89°04'36" EAST 383.63 FEET TO A:POINT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13,1998 AS DOCUMENT Na 1996-.
61313180 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT
612.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 9°19'30'_ WEST, SAID POINT BEING THE -TRUE POINT OF
BEGINNING;
1. THENCE LEAVING.SAID WESTERLY LINE EASTERLY ALONG THE ARC OF .
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF
149.56 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID
DEED; •
2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°41'4T EAST •(SOUTH
18°13'32' EAST PER SAID DEED) 1026 FEET TO THE BEGINNING 'OF A
NON TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY,- A
-RADIAL LUNE-T-O,SAID-POINT BEDS -SOUGH 4!53'08' EAST,
3. THENCE LEAVING SAID EASTERLY LINEWESTERLY ALONG THE ARC OF
SAID. CURVE THROUGH A CENTRAL ANGLE. OF 3°30'27w A- DISTANCE OF
38.o9 FEET; •
4.- THENCE SOUTH 0°49'41* WEST 4.00 FEET TO THE BEGINNING OF A NON -
TANGENT fi26.20-FOOT RADIUS CURVE CONCAVE -NORTHERLY, i4 RADIAL .
LINE TO SAID: POINT BEARS SOUTH 1°21'51r EAST; . •
. 5.- THENCE V+/ESTERLY ALONG E- • THE ARC OF SAID 'CURVE •
THROUGH A.
CENTRAL ANGLE OE4`.25'08' A DISTANC1E:OF 48.39:FEET .
8. THENCE NORTI+9M0'3. EAST 4.03 FEET TO THE BEGINNING OF -A NON'
TANGENT 622.20-FOOT RADIUS CURVE CONCAVENORTHERLY, A RADIAL
L1NE TO SAID POINT BEARS SOUTH 3°00'44` WEST;
-7. THENCE WESTERLY ALONG THE ARC. OF- SAID CURVE TROUGH A_
CENTRAL ANGLE OF 5°50'39" A DISTANCE OF 63,46 FEET TO A POINT ON
THE WEST hliLY LINE OFLAND PERSAID DEED;
8. THENCE ALONGSAID WESTERLY LINE NORTH 17°41'4r WEST 11.20 FEET
TO THE TRUE POINT OF.$EGINNINO. •
Pagel'of 2
Exhibit "C"
(Page 2.)
AREA = 0.039 ACRES, MORE OR LESS.
MICKgY B `AG
E E':3-31-10•
Pa e2a42
Exhibit "D"
APN 557-410.19
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ABULATED 'CURVE.DATA
CURVE
DELTA-
RADIU$
.LENGTH
Cl
16'03'56"
540.00'
.151:41'
CZ.
13'59'51°
612.20'
140.56'.
C3
3'3017'
622:20'
38:09'
C4
425'08"
_.626.20_
622,20'
_ 48.30'_
C5
550'39°
63.46;
PERMANENT
ACQUI5 'ON
AREA = 0.014 ACRES.
TEi+IPORARY CeNS IRUC110N
EASEMENT-(TTX) .
AREA = 0.039•.ACRES
1RUE POINT OF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER NOS 17515
LAND PER DEED REC. 3/13/98
AS DOC. NO. 1998-0138184 O.R.
557-410-19
POR, NW 1/4 DE
W 1/2 DBn
ACRE I O7 2 IN
r►IJAR7'ER SEC, 129 .OF
RHO. DE LA NACION
MAP NO. 156
REVISED BY:
DAff
DRAWN BY: KA
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DATEI"4-:16-08
NAl1QNAL- Con
saLE '
11.
CRD:KEO BY MA
APPRONFD BY:.
I
DATE. S-22-OB
T
BATE
PERMANENT ACQUISITION
AND TEMPORARY CON5IRUC110N EASEMENT
APN 557-410-19.
NA1 WC
D. 110.
Passed and adopted by the Council of the City of National City, California, on
November 15, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: Councilmember Zarate.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Jerk of the City bf National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-248 of the City of National City, California, passed and
adopted by the Council of said City on November 15, 2011.
City Clerk of the City of National City, California
By:
Deputy