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Home My WebLink About2003-027 1 2 RESOLUTION NO. 2003-27 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE 4 NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD RELATIVE 5 TO THE EXTENSION OF GIOV ANOLA AVENUE, IN SAN BERNARDINO. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That on January 21, 2003, after at least fifteen (15) days written notice to 9 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council 10 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 11 heard on the following matters: 12 13 14 15 16 a. Whether the public interest and necessity require the project; b. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c, Whether the property sought to be acquired is necessary for the project. SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a 17 18 result of the above Hearing, determined that the public health, safety and welfare requires the 19 20 21 22 acquisition by the City of a portion of that certain parcel of real property, more particularly described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit "B", attached and incorporated by reference, for street and highway purposes, a public purpose, The acquisition is authorized by Section 19 of Article I of the California Constitution; Sections 23 I, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 24 25 Sections 1240,0 I 0 through 1240.050 of the California Code of Civil Procedure. 26 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed 27 is set forth on Exhibit "C", attached hereto and incorporated herein by reference, The mailing 28 2003-27 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD 2 RELATIVE TO THE EXTENSION OF 0I0V ANOLA A VENUE. law, and also as otherwise may be known, SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby find and determine and declare that: (a) the public interest and necessity requires the proposed project and the acquisition by the City of San Bernardino of an easement over the property for 10 11 12 13 14 15 16 17 18 19 20 public street purposes and all appurtenant uses; (b) the location of the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) the property and the taking of the interest in the property as above described, is necessary for the proposed project; and (d) offers required by Section 7267,2 of the Government Code have been made to the owners of record. SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby declare that it is the intention of the City to acquire this property in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, SECTION 6. The property is located in the City of San Bernardino, County of San Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" 21 and "B". 22 23 24 25 26 27 28 SECTION 7. The City Attorney's Office is hereby authorized and directed to prepare, institute and prosecute, in the name of the City, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of a portion of this property, The City Attorney's Office is also authorized and directed to make a deposit with the court of the sum determined to be just compensation for said property and to request and obtain a necessary court 2 2003-27 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD 2 RELATIVE TO THE EXTENSION OF GIOV ANOLA A VENUE. 3 4 order granting the City the right of immediate possession and occupancy of the property. The 5 6 7 City Attorney's Office is also authorized to take any action necessary or appropriate to acquire any temporary right of access to the property which may be necessary for construction of any 8 planned improvements. 9 10 /I 11 /I 12 /I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. 3 , . 2003-27 Ul RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD 2 RELATIVE TO THE EXTENSION OF GIOV ANOLA A VENUE. 3 4 5 6 7 8 vote, to-wit: 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof held on the day of January , 20~, by the following 21st Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 12 13 14 15 16 17 18 x LONGVILLE x x MCGINNIS x DERRY SUAREZ x ANDERSON x x MCCAMMACK xfa ndu.tJY/JiiLnoJ, h p P Jttt City Clerk / 19 20 The foregoing resolution IS hereby approved this {)7.-r1f day of 21 20 03 , 22 23 January 24 Approved as to form and legal content: 25 JAMES F, PENMAN, 26 City ttorney 27 28 /....:J-~ Neil t5erry, May~Tem City of San Bernardino 4 2003-27 Legal Description for Partial Acquisition Proposed extension of Giovanola A venue, North of 2nd Street APN: 0138-263-02 That portion of Lot II, Block 15 of the Rancho San Bernardino, as per plat recorded in Book 7 of maps, page 2, records of San Bernardino County, State of California, described as follows: Commencing at the intersection of the East line of Lot 13 of said Block 15, with a line that is parallel with and distant 21.5 feet northerly of the South line of said Lot 13, said line also being the south line of that certain 24 foot wide easement for street and highway purposes to the City of San Bernardino in a document recorded in Book 2328, Page 12, Official Records of said County; thence South 890 55' 20" West along the south line of said 24 wide street and highway easement, to the intersection of the northerly prolongation of the centerline of Giovanola A venue (formerly Osbun Avenue), 60 feet wide, as said street is delineated on the Map ofInsurance Loan & Land Companies Subdivision, as per plat recorded in Book 16 of Maps, page 37, records of said County, said point also being the True Point of Beginning; thence, continuing South 89055' 20" West, along said south line, to a point that is 985.94 feet west of the Point of Commencement to a tangent curve, concave northeasterly, having a radius of 14.23 feet; thence northwesterly and northeasterly along said curve, an arc distance of 31.89 feet; thence North 380 19' 50" East, a distance 01'231.42 feet to a tangent curve, concave southeasterly, having a radius of 270,09 feet; thence northeasterly, along said curve, an arc distance 01'25,77 feet, more or less, to its intersection with a line that is 36 feet east of and parallel with the northerly prolongation of said centerline of Giovanola Avenue; thence southerly, along said parallel line, a distance of 150.45 feet; thence South 450 27' 02" East, a distance of 70,18 feet to a point being on the north line of said 24 foot wide street and highway easement; thence south, parallel with said northerly prolongation of the centerline of Giovanola Street, a distance of 24 feet, to the south line of said 24 foot wide street and highway easement; thence South 890 55' 20" West, along said south line, a distance of 86,02 feet, more or less, to the True Point of Beginning. Contains 22, 433 square feet, more or less. EXHIBIT" A" ~ 20il1~2V [ i OzZ ~oQ 0-1- ~~o <c>w Z(5C/) D:::C/)>- W~I- mo::O:: zow <c>o.. cn>o LLOO:: 0-0.. -'-, >co<( __:Jw (30..0:: -:T T"" 'I~::: ...........c----....... \Ii /' ,~ ,', ,) / ...t~... .(l(H'Z~ \ / ~_G.'J" ..... \ I r:, "j'" ~ \,:': ,-, I .000'S .. \:::! I \ I~ \ Ql IIJJ \ ~ IQ \ ~/ \ / " / '.... ,// ....------.... , , , 0: 0"':' 0.. :, .!i"lC:: , I , I , I , I , I I' ------:-:;----r II "i~ ~! ;'ti $1 &~! ~, , -. ......, ~-:: I ~j! :; ~.li en I ",11 :1 H ij ~ ~. go '" "k \ 'I -----.",..;.---....,.., I, .~~ ! I ~~. "0 ' ~~ ! l....-: I '" oilt) p-- iii ~ ~~ ~ ('f) T"" 'lS ..1. '" <:: <:: ~.Q -.l .~ " Cb'~ ~ g:g,... ~JlCli "";:i ..s ~ ..;--' ~ N T"" ~ il \ \ I I \ I I \ -____L .:'So LL I- .J:: o w-- ,- ..-.. Zw~-- 0::: Cll OI-L..Cll -(/)Q)L VI .J::-- Zo__VI W Cll I-Zo>'O XNoc W --N LL ION.... 00 ZII"v OI-f')N -0:::<0 1-0 >. _ N_ VI Z I :u :J _ IX) .J:: aWf')-- u:::>~ L <l: ZO g W >- > z Cll <l: <l:0...J:: $: <l:__ <l:.... .... LL...JOO 00 Z C c 1-<l:00 I>:;=;:;:; ,",OLL __00 0:::'-'0.0. 3nN3A \I trlON\lAOIf) 'Ill I~ , , T"" T"" CD <D ~ ~ ro ro o 0 , ~~.I "~"'i 1<- " " , N N \' g>" g>" w - c - ~ CD H ~. ' I 00 ,. ~ . . \' ""w . . . .w ww >'" ~~ ~~ .1 ~5 wO " - "- I Il.u '. ~ e 0" c:: !!! ~(i) giii .~ =~ _ c ~ C =N ON ~ ..; b5 {{!=== . ~~ h. '1 ~ ~ o T"" CJ :JnN3/\ If NONtJ3/\ 'lYV EXHIBIT "B" . . 2003-27 ROBERT 1. KOVATS, A MARRIED MAN AS HIS SOLE AND SEP ARA TE PROPERTY. ROBERT 1. KOVATS P,O, BOX 2444 CORONA, CA 92878 ROBERT 1. KOVATS P,O, BOX 810 LA HABRA, CA 90632 EXHIBIT "e"