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HomeMy WebLinkAbout2003-028 1 RESOLUTION NO. 2003-28 2 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 NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 7 8 9 10 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That on January 21, 2003, after at least fifteen (15) days written notice to the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 12 heard on the following matters: 13 a, Whether the public interest and necessity require the proj ect; 14 15 16 17 18 19 result of the above Hearing, determined that the public health, safety and welfare requires the 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 20 acquisition by the City of a portion of that certain parcel of real property, more particularly 21 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 22 "B", attached and incorporated by reference, for street and highway purposes, a public purpose, 23 24 25 26 The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections I, 40, and 240 of the City Charter; Section 37350,5 of the California Government Code; and Sections 1240,010 through 1240,050 of the California Code of Civil Procedure, 27 28 2003-28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAYS, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed 6 7 address of the owner is as shown on the last equalized county assessment roll, as required by 8 9 is set forth on Exhibit "C", attached hereto and incorporated herein by reference, The mailing law, and also as otherwise may be known, 10 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby 11 find and determine and declare that: (a) the public interest and necessity requires the proposed 12 project and the acquisition by the City of San Bernardino of an easement over the property for 13 public street purposes and all appurtenant uses; (b) the location of the proposed project is 14 15 16 the least private injury; (c) the property and the taking of the interest in the property as above 17 18 planned or located in the manner that will be most compatible with the greatest public good and 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, 19 20 21 22 23 24 25 26 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" and "B". SECTION 7, The City Attorney's Office is hereby authorized an directed to prepare, 27 institute and prosecute, in the name of the City, such proceedings, in the court having proper 28 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 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 8 9 order granting the City the right of immediate possession and occupancy of the property, The 10 City Attorney's Office is also authorized to take any action necessary or appropriate to acquire 11 any temporary right of access to the property which may be necessary for construction of any 12 13 planned improvements, SECTION 8, The City Clerk shall certify to the adoption of this Resolution, 14 15 16 II 17 /I II 18 19 20 21 22 23 24 25 26 27 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FiNDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUlS1TION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2003-28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at thereof held on the 21st vote, to-wit: Council Members: AYES ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x 18 MCCAMMACK 19 20 21 22 23 24 25 26 a joint regular meeting day January ,20~, by the following of NAYS ABSTAIN ABSENT x xfan!iJifl,/}u;dl'vil1 /J;tJ/J1 City Clerk } I The foregoing resolution IS hereby approved this ;) I'''''day of 20 03 Approved as to form and legal content: JAMES F, PENMAN, City Attorney : Byl!~' 1 f(>~_ January 9/-x- Neil Derry, M;vfor Vro Tem City of San B&ardino 4 2003-28 EXHIBIT" A" LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE, NORTHERL Y OF KENDALL DRIVE. APN: 0261-231-06 McGREW That portion of Lot 14, Tract No, 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL ONE: An easement for street and highway purposes, and appurtenant facilities, being a portion of a strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as follows: Beginning on the centerline of Kendall Drive, distant thereon 1010,28 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No, 10647, as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County; thence North 320 06' 26" East, a distance 01'225,00 feet, to a tangent curve, concave southeasterly, having a radius of 1850,00 feet; thence northeasterly, along said curve, through a central angle of 21 0 39' 01', an arc distance of 699,11 feet to the point of termination, The sidelines of said easement shall be lengthened or shortened as to commence on the southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14, Contains 12,517 square feet, more or less, PARCEL TWO:- An easement for street and highway purposes, and appurtenant facilities, described as follows: Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance 01'34,79 feet; thence South 12048' 52" East, a distance of 35,11 feet; thence South 320 15' 50" West, a distance of 10,00 feet, to the southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570 44' 10" West, along said southwesterly line, a distance 01'24,86 feet, more or less, to the Point of Beginning Contains 557 square feet, more or less, 2003-28 PARCEL THREE: A slope easement and appurtenant facilities, lying within said Lot 14, being southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the following described line: Commencing at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of 34,79 feet to the True Point of Beginning; thence South 12048' 52" East, a distance of7,35 feet; thence North 340 43' 52" East, a distance of 115,9 feet; thence North 350 54' 05" East, a distance of 115 feet; thence North 400 33' 32" East, a distance of 140 feet; thence North 44036' 51" East, a distance of 133 feet; thence North 380 36' 36" East, a distance of 33 feet; thence North 31039' 50" East, a distance 01'28 feet; thence North 240 48' 15" East, a distance of 34 feet; thence North 11005' 29" West, a distance of 8 feet; thence North 390 41' 02" East, a distance of 6,16 feet; thence North 690 37' 45" East, a distance of 33,57 feet; then South 760 56' 51" East, a distance 01'20,61 feet, more or less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a distance of 44,28 feet, more or less, to the northwesterly corner of said Lot 14; thence northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line, to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the True Point of Beginning, Contains 13,942 square feet, more or less, /- See ( \ Delai/"A" \ PARCEL TWO - I POB . _ ~ P'- 1010,28' to ell DEERFIElD STREET ~ --N 57' 4"Toi;w--~p:,og~,--KEN-DALL----DRIVE---- ,MAP NO.1 N 64' SO' S9' W PARCE ONE ~ cf o. ~":J c} ~l); -<.. ,'l> ~ ~. <0' ~O~. , ::/ 8?, j/ , g/ 0' WI Q:;' ;.../ 0, ~/ N' ~I 50' , 50' I I 1tf , wi 17 "}6 , , ~Io . 0 <0, ' Ol~ NN 1"')' zl 0\0 ~oSG 1003-28 24.0H ...:. - ~ PARCEL THREE 7,35' @ w i;;l, , m ~~ ;-;,; N ~ Z N 57' 44' 10'W 24,86', POB (Par. Three) Detail WA W (N,T,S.) Right of Way Parcel One: 12,517 sq, ft, t Parcel Two: 557 sq. ft, t Total RIW: 13,074 sq, ft, t Slope and Drainage Easement 13,942 sq, ft, t LINE DATA A N34'43'S2"E 11S,9' B N3S'S4'OS"E 11S.00' C N 40' 33' 32' E 140.00' o N 44' 36' 51' E 133,00' E N 38' 36' 36' E 33,00' F N31'39'SO'E 28,00' G N 24' 48'1S' E 34,00' H N 11" OS' 29' W 8,00' I N 39' 41' 02' E 6.16' J N 69' 37' 45' E 33,57' K S 76' S6' 51' E 20,61' 3: ~b ln~ -0 , - N ~ '" Proposed Right of Way and Slope Easement - Portion of Pepper Linden Drive, Northerly of Kendall Drive (APN 0261-231-06) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Date: Created by: ~ Checked by: EXHIBIT "B" Revised by: Date: I(, 0 r- Date: Date: 2003-28 EVERETT E, MCGREW AND ALDONA R, MCGREW, HUSBAND AND WIFE AS JOINT TENANTS, EVERETT E, AND ALDONA R, MCGREW 2358 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "C"