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Home My WebLink AboutCC RESO 2012-223RESOLUTION NO. 2012 — 223 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-59 ADOPTED ON APRIL 6, 2010, AND RESOLUTION NO. 2011-248 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-248 which amended Resolution No. 2010-59; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-59 and No. 2011-248 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 Resolution No. 2012 — 223 November 20, 2012 Page Two 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; 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 Second 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 Second Amended resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-248 and 2010-59 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 now amended of this date 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 Resolution No. 2012 — 223 November 20, 2012 Page Three 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 Resolution No. 2011-248, 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, BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-248. In all other respects Resolution 2010-59 and Resolution No. 2011-248, 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 20th day of November 2012. Morrison, Mayor ATTEST: Michael R. Dalla,'City Clerk OVED AS TO FORM: CI - dia Gacit Silva City Attorney EXHIBIT "A" PERMANENT ACQUISITION 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 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 CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 202 WHICH BEARS SOUTH 17°35'27' 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 WESTERLY • LINE OF LAND P02 DEED RECORDED.MARCH 13, .1998 AS.DOCUMENT NO. 1998- b138180 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 tAND AND THE BEGINNING OF A NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°35711' WEST, SAID POINT bolo. ON THE SOUTHERLY UNE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE OF SAID' PARCEL EASItRLY 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 LINE ALONG THE EASTERLY LINE OF .LAND PER SAID DEED SOUTH 17°4 1'47' EAST 2.61 FEET TO THE S NNINIT'O 'rNtIN=TANGENT ETZIO:FOOTRADIUS-CURVECONQAGE NORTHERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 4'40'21' EAST; . 4. THENCE LEAVING SAID -EASTERLY UNE WESTERLY ALONG THE ARC OF SAID: CARVE THROUGH -A CEtfIRAL ANGLE OF 13°69'51' A DISTANCE OF • 149.56 FEET TO .THE TRUEPOINT OF:BEGINNING. AREA 0.014 ACRES,- MORE OR LESS: • EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 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 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 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) Page 2 of 2 Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 551-410-19 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY' HALF OF 80.00 ACRE LOT 2 IN QUARTER SECTION .129.OF RANCHO DE.LA 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 CP5 ACCORDING. TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNIY-RECORDER ON AUGUST 30, 2002-W ICH' BEARS SOUTH 17°35'27'.EAST 285.74 .FEET FROM A BRASS. DISK STAMPS` CP8-ACCORDING TO .SAID RECORD OF SURVEY MAP: THENCE NORTH 89°021'36' EAST 383.63 FEET TO A: POINT IN THE WESTERLY LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-. 013U1BO OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT 61220-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_ THENCE1AAV1NG SAJD WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE`THROUGH A CENTRAL ANGLE OF 13°59'51'A DISTANCE OF 149.56 FEE I TO A POINT ON THE EASTERLY UNE OF LAND PER SAID DEED; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°41'47- EAST (SOUTH 18°13'32' EAST PER SAID DEED)- 10:26 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY.. A RADIALLINE-TO-SAID PONT BEARS -SOUTH 4'53'0Et EAST; 3. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF • SAID. CURVE THROUGH A CENTRAL ANGLE OF 3°30'27' A DISTANCE OP 36:09 FEET; - 4. THENCE SOUTH 0°49'41' WEST4.80 FEET -TO THE BEGINNING OF A NON- TANG.ENT 626.20-FOOT RADIOS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO STUD:PQIt[T BEARS SOUTH 1°21.'50'-EAST; . - - 5.-'fHENCE WESTERLY ALONO.THE,ARC OF SAID CURVE THROUGH A. CENTRAL ANGLE OF4'25'06' A DISTANCE_OF 48.301-tt 1; 6. THENCE NORTH- 91'40'39` EAST 4:03 FEET TO THE BEGINNING OFA NON-, TANGENT 6.2,30-FOOT RADIUS CURVE-CONCAVE:NORT'HERLY, A RADIAL LINE TO SA11 POINT BEARS SOUTH'3'00'44'' WEST;. 7. THENCE WESTERLY ALONG 911E ARE OF SAID CURVE THROUGH A. CENTRAL: ANGLE OF 5°51739' A DISTANCE OF 03,46 FEET TO A POINT ON THE WESTERLY LINE OP LAND PER SAID DEED • 8: THENCE: ALONG SAID WESTERLY UNE NORTH 17°41'47' WEST.1120 FEET TO.T}-(E TRUE POINT OF.BEGINNING. . • • . - Page 1 of 2 Exhibit "C" (Page 2) AREA = 0.4339 ACRES, MORE OR LESS. MICKFi 8"AGC1IR EXP. 3-31-10 P9y'e 2 of 2 zAriO4E p APN 557-410-19 CP6 13 !� to m f 1P 1m - 1 y 1 " !O P.0_BA _��:y�y_ CP5383.63' N 89T106- E T.P.O.B.-- PERU, ACO. y AND ICE - u O_ p k TABULATED CURIE BATA CURVE DELTA RADIUS IENGTB C1 16-03'56" 540.00' 151.41' C2 13'59'51' 612-20' 149.56- C3 Y30'27"• 622_20' 38=09' -_S'S.___ _4'25'O87 626.20' _ 4830' C5 5'50'39' 622.20' 63.46' LEGEND PERMANENT AOCIULSIRPN AREA = 0.014 ACRES EASEMENT ( TEMPORARY CONSTRUCTION ). AREA = 0.039'ACRES T.P,O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A cairn_ POINT PQt ROS 17515 PLAZA BLVD. CI 04.4021- E (R) l N O 557-4141-19 POR. NW 1/4 OF W1/2OP80 ACRE LOT 2 IN QUARTER SEC, 129 OF RHO. DE LA NACJON MAP NO. 166 REVl5E0 BY: DATE: DRAW BY: KA DA'IE4-16-OR NATIONAL m salt r - .40• CHECKED BY: MA DATE: 5-22-08 APPROVFD.BY EDT i1CWL5TEIDN AND 1E14PORARY CON STRUC1ION.EASE3IENT I PN 557-410-19. HAMA,/ QIC DOG. NO. bM; NQ- Passed and adopted by the Council of the City of National City, California, on November 20, 2012 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 tJACQ teA- City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-223 of the City of National City, California, passed and adopted by the Council of said City on November 20, 2012. City Clerk of the City of National City, California By: Deputy