HomeMy WebLinkAboutCC RESO 2012-225RESOLUTION NO. 2012 — 225
RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING RESOLUTION NOS. 2010-71 ADOPTED ON APRIL 6, 2010 AND RESOLUTION
NO. 2011-250 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
(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 Council of the City of National City on November 15, 2011
adopted Resolution No. 2011-250 which amended Resolution No. 2010-71; and
WHEREAS, the City now desires to effect an amendment to Resolution Nos.
2010-71 and Resolution No. 2011-250 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
Resolution No. 2012 — 225
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 owners of record, Artemio P. Puedan and Flora O.
Puedan, pursuant to Section 7267.2 of the California Government Code, which offer has
tentatively been accepted but not finalized; and
WHEREAS, the City Council of 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
owners of the subject real property and their 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. 2011-250 and 2010-71 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 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 now amended of this
date 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
Resolution No. 2012 — 225
November 20, 2012
Page Three
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 Resolution No. 2011-250, 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. 2010-71 and Resolution No. 2011-250. In all
other respects Resolution 2010-71 and Resolution No. 2011-250, 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 20th day of November, 2012.
on Morrison, Mayor
ATTEST:
Michael R. Della, it
APPROVED AS TO FORM:
udia itua Silva
City Atto
Mi y Clerk
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-05
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 SEPTEMBER 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°21'57" EAST 16.82 FEET TO
THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTI3EWESTERLY, 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" A DISTANCE 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 CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'37" 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. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER SAID DEED;
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 "B"
TEMPORARY CONSTRUCITON 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 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 557-410-05
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 SEPTEMBER 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°21'57" EAST 16.82 FEET TO
THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTHEWESTERLY, 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" A DISTANCE 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 CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'37" 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. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER SAID DEED;
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
Page 1 of 1
Exhibit "D"
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DOC, to: •
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
/1 A.11„
City C erk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-225 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
Mayor
Ron Morrison
Council Members
Louis Natividad
Alejandra Sotelo-Solis
Mona Rios
Jerry Cano
SAT J� try
;NCORport.sU
Office of the City Attorney
TO: City Clerk
FROM: Ginny Miller, Legal Assistant
SUBJECT: Final Orders of Condemnation
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
DATE: April 18, 2013
Attached please find two original, recorded Final Orders of Condemnation for your files. One in
the matter of National City v. Puedan, Case No. 37-2010-0077983, which pertains to APN 557-
410-05, and the other in the matter of National City v. Al-Bayati, Case No. 37-2010-0078027,
which pertains to APN 557-420-30.
Thank you.
Attachme
cc: City Attorney
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
RAUCH DETISCH & STEINKE, APLC
AND WHEN RECORDED MAIL TO: 7r
1010 Second Ave., Suite 1770
San Diego, CA 92101
9'95
Rec.Form rR25
DOC it 2017 3-ay $oat a
IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
MAR 21, 2013 11:05 AM
9944
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES 9
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Txr PA 'E
R •RDER E INL
FINAL ORDER OF CONDEMNATION
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
9945
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Cr t E
9 Clerk of the Superior Coo
MAR 132013
By: j;13d rlier 04P11'
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO — SOUTH COUNTY
CITY OF NATIONAL CITY, a public agency,
Plaintiff,
v.
ARTEMIO P. PUEDAN and FLORA O.
PUEDAN, Trustees for the Puedan Family
Trust, Dated September 5, 2003; TODD AL-
BAYATI and SAMIYA ABDUL SATTAR
KADDORY, Husband and Wife;
CALIFORNIA RECONVEYANCE
COMPANY, a California Corporation;
WASHINGTON MUTUAL BANK, a Federal
Association; JP MORGAN CHASE BANK,
successor in interest to WASHINGTON
MUTUAL BANK, a National Association;
COUNTY OF SAN DIEGO, a Public Entity;
and DOES 1 through 50, inclusive,
Defendants.
Case No.37-2010-00077983-CU-EI-SC
FINAL ORDER OF
CONDEMNATION
[CCP § 1268.030]
Action Filed:
Judge:
Dept.:
Trial Date:
June 29, 2010
Hon. Richnfd-F,: E.
StFaims- -TCL rt.Le
to
None Set
Judgment in Condemnation having been entered in the above -entitled action on January
2 t , 2013 in the Office of the County Court Clerk of San Diego County, State of California, and
it appearing to the Court's satisfaction that the above -named plaintiff, under that judgment, has
paid to the defendants, in accordance with the Stipulated Judgment, just compensation in the
1
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sums set forth and disbursed in accordance with the Stipulation for Judgment in Condemnation
and Judgment in Condemnation on file in this action:
NOW THEREFOR IT IS HEREBY ORDERED AND ADJUDGED:
The temporary, permanent easements and right of way on and across portions of that
parcel of property, situated in the City of National City, County of San Diego, State of California,
more particularly described in Exhibit "A" attached hereto and incorporated herein, is hereby
condemned to and taken for the public uses stated in the Complaint in this action.
On filing a certified copy of this Final Order of Condemnation with the County Recorder
of the County of San Diego, State of California, the temporary and permanent easements on and
across a portion of the parcel of property described above and in Exhibit "A" attached hereto
shall finally and completely vest in Plaintiff, its successors and assigns.
IT IS FURTHER ORDERED AND ADJUDGED that Defendants shall pay any and all
unpaid taxes (and penalties, if any) on those portions of the real property condemned herein up to
the date of this order and that taxes thereafter be cancelled in accordance with the California
Revenue and Taxation Code 5084.
DATED: 3 - J 3 - J3
GE'OF/F R COURT
FINAL ORDER OF CONDEMNATION
2
JOAN M. LEWIS
CLERKS CERTIFICATE
The foregoing document, consisting
g p.se(s), is a full, true, and co ct
ccpy of the gloriginal 0copy on ` in
this office.
Cleric of the S
+_3_ by
9947
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-05
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 SEPTEMBER 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°21'57" EAST 16.82 FEET TO
THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTHEWESTERLY, 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" A DISTANCE 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 CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'37" 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. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER SAID DEED;
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
9948
EXHIBIT "B"
TEMPORARY CONSTRUCITON 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 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
�4?
9949
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
9950
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-05
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 SEPTEMBER 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°21'57" EAST 16.82 FEET TO
THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE
NORTHEWESTERLY, 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" A DISTANCE 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 CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'37" 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. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER SAID DEED;
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
Page 1 of 1
9951
5
S 03'58'45* E (R)
2,6,V1
Avs 4"1
LEGEND
rir /1
EXHIBIT "D"
N 87 46'13" E
PLAZA g°W
C2
PERMANENT
ACQUISITION
AREA = 0.008 ACRES
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
AREA = 0.049 ACRES
EP.O.B. TRUE POINT OF BEGINNING
P.O.B. POINT OF BEGINNING
A CONTROL POINT
PER ROS 17515
805.90'
S 171115T E
4.01'
at
w 1 Wi11" 1 s*`13)
2i1
LAND PER DEED REC.
9/25/03 AS DOC. NO.
2003-1182085 O.R.
POR. NW 1/4 Or
IN 1/2 LOT 2 1N
QUARTER SEC. 12g OF
RHO. DE LA NACIDN
MAP NO. 166
557-410-05
S 86'54'27 Wj\r"144.Oi---'
P.O.B.
UTILITY AND ACCESS CP4
EASEMENT REC. 7/23/68
AS FILE NO. 124201 O.R.
T.P.O.B.
PERM. ACQ.
AND TCE
TABULATED CURVE. DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
8'49'13"
612,20'
94.24'
C2
13'54'25*
540.00'
131.D7'
C3
413'52'
622.20.
45.95'
C4
1 43'25':
622,20
18.72'
C5
4'49'39"
622.20'
52.42'
REVISED BY:
DATE:
CRAM BY: KA
DATE: 4-16-08
NATIONAL CITY
SCALE
,•=40'
CHECKED BY: MA
DATE: 5-19-08
APPROVED BY:
DATE:
PERMANENT ACQUISITION
AND TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-05
THE PUEDAN FAMILY TRUST DATED 9/05/03
DOC. N0.
DWG. NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
::;ase No 37-2010-
)0077983-CU-EI-
SC
City of National City v. Puedan, et al.
Case No 37-2010-00077983-CU-EI-SC
PROOF OF SERVICE
I, Silvia Diaz, declare and state as follows:
9952
I am employed by the Law Offices of Don Detisch which is in the County of San Diego,
State of California. I am over the age of 18 and not a party to the herein action. My business
address where the mailing occurs is 1010 Second Ave., Suite 1810, San Diego, California 92101.
I further declare that I am readily familiar with the business' practice for collection and
processing of mail with the U.S. Postal Service this day in the ordinary course of business.
On February 14, 2013 I served the foregoing document(s) described as: Plaintiffs
Final Order of Condemnation
on the interested parties in this action as follows:
Antony D. Nash
Luce, Forward, Hamilton & Scripps, LLP
600 West Broadway, Suite 2600
San Diego, CA 92101
Fax: 619-235-1312
Attorneys for Todd Al-Bayati and Samiya Abdul Sattar Kaddory; and
Artemio and Flora Puedan
MAIL
I placed each such sealed envelope, with postage thereon fully prepaid for
first-class mail, for collection by the United States Postal Service the same
day as it is placed for collection.
XXX FACSIMILE I served the foregoing document(s) via facsimile on the above -named
parties in this action as addressed herein.
PERSONAL I personally served the foregoing document(s) on the above -named parties.
I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct.
Executed on February 14, 2013, at San Diego, Ca ifor
Sivi. Diaz
1
PROOF OF SERVICE
0