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Home My WebLink About2003-029 , . 1 2 RESOLUTION NO. 2003-29 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 0261-231-07, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 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 10 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council 11 12 13 14 15 16 17 18 19 20 21 22 23 24 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: a, Whether the public interest and necessity require the proj ect; 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 result of the above Hearing, determined that the public health, safety and welfare requires the 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 1,40, and 240 of the City Charter; Section 37350,5 of the California Government Code; and 25 26 27 28 Sections 1240,010 through 1240,050 of the California Code of Civil Procedure, . . 2003-29 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 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed is set forth on Exhibit "C", attached hereto and incorporated herein by reference, The mailing address of the owner is as shown on the last equalized county assessment roll, as required by 8 9 law, and also as otherwise may be known, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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" and "'B". 25 26 SECTION 7, The City Attorney's Office is hereby authorized and directed to prepare, 27 institute and prosecute, in the name of the City, such proceedings, in the court having proper 28 2 2003-29 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 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 6 7 determined to be just compensation for said property and to request and obtain a necessary court 8 9 10 11 12 13 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 order granting the City the right of immediate possession and occupancy of the property, The 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 planned improvements, SECTION 8, The City Clerk shall certify to the adoption of this Resolution, 14 II 15 16 II 17 II 18 19 20 21 22 23 24 25 26 27 28 3 2003-29 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 DEV1L'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 026I-23t-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at 7 8 9 10 a joint regular meeting thereof held on the 21st day of January , 20~, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA x 12 LONGVILLE X X X X x X )6anrtll1.1r1,edJ.J1a.J, hl){flU~ City Clerk ! ' 21 The foregoing resolution IS hereby approved this .;),.,.".. day of 20 03 , January 22 23 24 Approved as to form 25 and legal content: 26 JAMES F, PENMAN, 27 ~:ty ~tt~rneYt r t~ 28 0 Neil Derry, Ma r P Tem City of San Bernardino 4 2003-29 EXHIBIT "A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE, APN: 0261-231-07 MAP NO, 2 Haensly A slope easement and appurtenant facilities, lying within Lot 13, Tract No, 2404, as per plat thereofrecorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the most northerly corner of said Lot 13; thence South 32015' 50" West, along the northwesterly line of said Lot 13, a distance of 44,28 feet; thence South 760 56' 51" East, a distance 01'37,59 feet; thence South 560 50' 35" East, a distance of 11.02 feet; thence South 870 18' 35" East, a distance of 61.49 feet, more or less, to the southeasterly line of said Lot 13; thence North 32015' 50" East, along said southeasterly line, a distance of 14,22 feet, more or less, to the northeasterly corner of said Lot 13; thence North 640 50' 59" West, along the northeasterly line of said Lot 13, a distance of 101.77 feet, more or less, to the point of beginning, Contains 3,233 square feet, more or less, MAP NO.2 / , ::/ 0) 0)' !/ , l>.c::::J cv o' '!<....~~'V A...,1>-Vof- qO '~<9' '/6 81 0, I() rl 0::, ;..1 0, ~I <;;, ~I 50' , 50' I , 1~ I wt '/4 13 , , ~I'O - 0 (0. ' ol~ NN 1')' zl , ';}\0 ~OSv I~- I I I Slope and Drainage Easement (see detail below) (3,233 sq, ft. :t) N 64" 50' 59" W 101.77i ill b ~. ~~ ~ 1,,- ~ z ;: b "'10 roC'\! ~... " ... N '" r/) S 56" 50' 35' E 11.02' !i'~ ~~ ~"\ g'J. "'~ ~\.~ ,~ o !J\ S1\'>"~,!J9' " 2 I a L:-=:: 1010,28' to ell OEERFIElD STREET v N57~44'lVW ---------------------------- KENDALL DRIVE ~ Proposed Slope and Drainage Easement - Portion of Pepper Linden Drive, Northerly of Kendall Drive (APN 0261- 231-07) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION APproved:~~Date: f!t,fot... Sr, Civil Engineer EXHIBIT "B" Created by: Checked by: Revised by: Date: ./I jJ .'i!-- Dale: i'I t62- Date: 2003-29 THE JEAN M, HAENSL Y REVOCABLE TRUST DATED JANUARY 24, 2001; JEAN M, HAENSL Y AS TRUSTEE FOR THE BENFIT OF JEAN M, HAENSL Y AND HER DESIGNATED BENEFICIARIES, JEAN M, HAENSL Y 2340 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "c"