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HomeMy WebLinkAboutCC RESO 2011-249RESOLUTION NO. 2011 — 249 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-70 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 (Todd AI-Bayati and Samiya Abdul Sattar Kaddory) (A Portion of Assessor's Parcel No. 557-420-30; 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, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-70, 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. 37-2010-00078027-CU-EI SC, titled City of National City v. Todd Al-Bayati and Samiya Abdul Sattar Kaddory, et al. to acquire portions of Assessors Parcel No. 557-420-30 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-70 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-420-30; 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", and 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; and Resolution No. 2011 — 249 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 owners of record, Todd AI-Bayati and Samiya Abdul Sattar Kaddory, pursuant to Government Code Section 7267.2 of the California, 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 owners of the subject real property and their 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 herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 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 owners were 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 the Resolution No. 20 10-70, 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 — 249 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. 2010-70. In all other respects Resolution 2010-70, 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; that 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 1240.5 10, the City of National City is authorized to acquire said real property by eminent domain; and 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: idL Michael R. Dalla, ity Clerk IA I, tfiVie. 1, 0t. dia Gay itua Si0 ityAt e rne 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 OtEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977 AS FILE NO. 774114262 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 UNE OF SAID PARCEL, SAID LINE ALSO BEINQ THE SOUTHERLY LINE OF, PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY UNE SOUTH 16°27:25" EAST 2:54 FEET; 2. THENCE SOUtfE 76°30'26" WEST 15.00 FEET; 3. THENCE. NORTH 16°27'25" WEST 206 1-ttl TO A POINT IN SAID. NORTHERLY LINE; 4. THENCE ALONG .SAID NORTHERLY UNE_ NORTH 74°41'06' EAST (NORTH 73°43.06i EAST PER SAID PARCEL MAP) 14.98. FEET TO THE TRUE. POINT OF BEGINNING. -AREA = 34 SQ. FT., MORL_DR LESS. EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 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 terminating 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) and occupants 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 and to 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 Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. Exhibit C,,__ TEMPORARY CONSTRUCTION EASEMENT APN 557-120-30 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.OE 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°42'41' WEST 1:089105 FEE I• FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID. RECORD or SURVEY MAP; THENCE NORTH 66°29'03" WEST 39:12•FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; SAID UNE. ALSO BEING THE SOUTHERLY LINE 'OF PLAZA BOULEVARD, SAID POINT BEING•THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY UNE NORTH 74°41.•O6' EAST 16.99 FEEF.TOO THE NORTHEAST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE EASTERLY UNE OF SAID PARCEL 2 SOUTH 17°45'13" EAST 13.11 FEET; - . 3. THENCE LEAVING SAID EASTERLY UNE SOUGH 76°3016" WEST 37.31 FEET, . 4. • THENCE NORTH 16°27'26" WEST 5.01 FEET; 5: THENCE SOUTH 76°3026' WEST 90.18 FEET TO THE. WESTERLY LINE OF SAID PARCEL 2; B. THENCE OLIO-SAJD-W ST IX1:INE- IOR111 -°2_L 4,04-FEEL" TO THE NORTHWEST CORNER THEREOF; 7. THRICE ALONG. THE NORTHERLY LINE OF SAID PARCEL 2 NORTH . 74°41'06'.EAST 95,14.FEE ; 8. THENCE • LEAVING SAID .NORTHERLY UNE SOUTH 16'27'25" EAST 2.06 9: ITIENCE NORTH 76"3026' EAST 15,00 FEET; • 1i1..TtlEICE :NOR11$° 16°2T25'- WEST 2.54 FEET TO` THE TRUE POINT OF AREA= 923'SQ, FT., MORE OR:LESS. J Xt ibit ..11» APN 557-42Q-3b LI O T.P:O.B:= PERIL ACO. AND ICE A POf. NW 1/4 OP W 1/2 of 80 ACM LOT 2 IN OUARThR SRO, 129 OP RHO, PE LA NACION MAP NO, 1.66 y 665n, AND ICE ?� SEE DETAIL T8IS SHEET T.P.O.B: P.O.B. 34.. T6,10:0RARY• cONSTRUO 1ON • AREA = 9Z3 W.Y.klIE FEET T1tUE POINT Or: BEGINNING. POINT OF mooing Ortpill. Foot 1is-i1;.7si5. PPS TABULATED: LINE DATA - UNE. (3EA0I1,10' ' LENGTH . - `L1 S -162T25' -E. 254' • 12 $ 76 3O 26`. W- ' 16.00' , 1.4• ;'.N'.74'41`06. E..- I4:98'. O..: t{ `411.1)$". E. :.16:99' pA. BY RA*'$ ICA 1154D :8'i 4 Dk1 ... r. DA E 4-2 -OD Db1E - - ell* -ANENT A04l1014N; . MID-19,1P©RARY.CONSTRVI11tt EASEMEMT • . Af'N.557; 42o-30 . TEI.DD_AL-BAYA11.AND SAWA ABDBL.s rr t MOODY. .1. _.My . OOC: NO. DWG. NO. 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 nLt� City Clerk 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. 2011-249 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