HomeMy WebLinkAbout2003-030
1
2
RESOLUTION NO. 2003-30
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 0261-231-27, 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:
9
SECTION I. That on January 21, 2003, after at least fifteen (15) days written notice to
10 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council
11 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be
12
13
14
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
15
16
17
18
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
19 result of the above Hearing, determined that the public health, safety and welfare requires the
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
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
Sections 1240,010 through 1240,050 of the California Code of Civil Procedure,
28
2003-30
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 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINOEN
DRIVE,
4
5
6
7
8
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
9 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
the least private injury; (c) the property and the taking of the interest in the property as above
16
planned or located in the manner that will be most compatible with the greatest public good and
17 described, is necessary for the proposed project; and (d) offers required by Section 7267,2 of the
18
19
20
21
22
23
24
25
26
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".
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
2003-30
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 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE,
4
5
6
7
8
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
order granting the City the right of immediate possession and occupancy of the property, The
9
10
11
12
13
14
15
16 II
17 II
18
19
20
21
22
23
24
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,
/I
25
26
27
28
3
2003-30
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 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
7
8
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at
joint regular
meeting
a
thereof held on the
, 20~, by the following
21st
day of
January
9 vote, to-wit:
10 Council Members: A YES
NAYS
ABSTAIN ABSENT
11 ESTRADA
x
12 LONGVILLE
13
x
x
MCGINNIS
14
15
SUAREZ
16
17
18
19
20
21
22
23
DERRY
x
x
ANDERSON
x
x
MCCAMMACK
'x5(lruY./t.i0rl1.Pi~YJt1) ':ill tJ.~
City Clerk I /
24 Approved as to form
25 and legal content:
26
27
28
approved this ;Jr r/f- day of
/(J~
Neil Derry, Ma~o Tem
City of San Bernardino
The foregoing resolution IS hereby
20 03 ,
January
JAMES F, PENMAN,
City ttorney
4
2003-30
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF
PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE,
APN: 0261-231-27
Map No, 3
Sehremelis
A slope easement and appurtenant facilities, lying within Lot 12, 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:
Beginning at the northwesterly corner of said Lot 12; thence South 320 15' 50" West, a distance
of 14,22 feet; thence South 87018' 35" East, a distance 01'20.46 feet; thence South 58015' 35"
East, a distance 01'20.49 feet; thence South 780 55' 17" East, a distance 01'20,57 feet, more or
less, to the northeasterly line of said Lot 12; thence North 64050' 39" West, along said
northeasterly line of Lot 12 to the point of beginning,
Contains 422 square feet, more or less,
M'AP NO,]
/
,
:::/
CTJ
CTJ'
!/
I
Est
0,
Ii)
;/
cr.
i--I
0,
~I
~,
c!!J1
50' , 50'
I
I
1 [1
,
w!
, I
<0
NI'O
- 0
<0, '
ol~
NN
'0'
zl
/
I
('POB
14
1 :3
I
I - 1010,28'
----~-=-------
N 57' 44' 10" W
12
to elL DEERFIELD STREET
KENDALL
Proposed Slope and Drainage Easement -
Portion af Pepper Linden Drive, Northerly of
Kendall Drive (APN 0261-231-27)
APProve~ate: !#~.;l
Sr. Civil gineer EXHlinT "B"
Slope and Drainage Easement
(see detail below)
(422 sq, ft, :t)
;:
10,
~N
inC'\!
~~
N-
M
en
N 64. 50' 39" W
54.85'"1
.A A
i 'j
~\e
~o(:;,c
a
...
DRIVE
a
U')
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by:
Checked by:
Revised by:
Date:
Date:
2003-30
ATHENA A, SEHREMELIS, A SINGLE WOMAN AS HER SOLE AND SEPARATE
PROPERTY
ATHENA A. SEHREMELIS
3221 LILLY AVENUE
LONG BEACH, CA 90808
EXHIBIT "C"