HomeMy WebLinkAboutCC RESO 2011-250RESOLUTION NO. 2011 — 250
RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING RESOLUTION NO. 2010-71 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
(Artemio P. Puedan and Flora O. Puedan, Trustees)
(A Portion of Assessor's Parcel No. 557-410-05; 1736-1740 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. 2010-71, 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. 2010-00077983-CU-EI-SC, titled
City of National City v. Artemio P. Puedan and Flora O. Puedan, et al. to acquire portions of
Assessors Parcel No. 557-410-05 therein alleged; and
WHEREAS, the City now desires to effect an amendment to Resolution No.
2010-71 to more particularly describe the property and property interests to be acquired from
the owners of Assessors Parcel No. 557-410-05; 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 — 250
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, Artemio P. Puedan and Flora O.
Puedan, pursuant to Section 7267.2 of the California Government Code, which offer has not
been accepted; and
WHEREAS, the City Council of 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 of the City of
National City, pursuant to 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 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. 2010-71, 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 — 250
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.
2010-71. In all other respects Resolution 2010-71, including the 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 1240.510,
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.
ATTEST:
Mic ael R. Dalla, C' y Clerk
PROVAS TO FORM:
udia G
City Attorn
ailva
Morrison, Mayor
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-,05:
THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST FIALF 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 OFACE OF THE COUNTY RECORDER. OF
SAN DIEGO COUNTY, MAY 11,1869, MORE PARTICULARY"DESCRIBED AS
FOLLOWS:
BEGINNING AT A BRASS DISK STAMPEDCP4 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 FFPT 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 16°30'26" WEST 36.83
FEET TO 'ma BEGINNING OF A. TANGENT 612.26-FOOTRADIUS CURVE ...
CONCAVE NORTHWESTERLY;.
2. THENCE SOUTHWESTERLY ALONG. THE ARC OF SAID •CURVE THROUGH
A CENTRAL ANGLE OF 8°49' i3" A DISTANCE OF 94.24 FEET TO.A Kart
ON THE WESTERLY LINE OF LAND PER. SAID DEED; •
3. THENCE ALONG SAID WESTERLY LINE NORTH.17°41'41WEST 2.61.. FEET
TO THE NORTHWEST -CORNER. OF SAID LAND AND THE. BEGINNING OR A
NON -TANGENT 540.00-F ?OT RADIUS CURVE CONCAVE NORTHERLY, A •
RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'4S" EAST, pal POINT
BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVA1LIl;
4. THENCE EAS 1'bRLY 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 POINTOF BEGINNING:
AREA=,008 ACRES, MORE OR LESS
Page 7 of 11
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-05
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 userdf 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 withoutlimitation, 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
improvementson or in the easement area that belong .tothe 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 2136 Sq. Feet more or less. (0.049 Acres)
Exhibit "C"
t`hM1 ORARY CONSTRUCTION EASEMENT
APN 557-41.0-05
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 SEPTEIMIBER 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°21'5T' EAST 16.82 FEET
TO THE 13EOINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE
CONCAVE NOR.LIIEWESTEM, 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" ADISTANCE 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_ CU12.VE 'CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT ttuAitg s'oU't
12°13137" 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 : THENrP W.FRTPTII.Y ALONG THE ARC OF SAID CURVE TROUGH A
CENTRAL ANGLE OF 4°49539" A DIStANCE OF 52 42 FEET TO A.POINT IN.
THE WES'flikLY LINEOF LAND PER SAID DEED; . .
Exhibit. "C"
(Page 2)
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 CENTERAL ANGLE OF 8°49' 13" A DISTANCE OF
94.24 FEET;
9. THENCE. NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 0.049 ACRES, MORE OR LESS
Exhibit "D"
AI'N 557 4'10-05..
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DOC, 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
City erk 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. 2011-250 of the City of National City, Califomia, passed and
adopted by the Council of said City on November 15, 2011.
City Clerk of the City of National City, California
By:
Deputy