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HomeMy WebLinkAbout2003-109 ", . . . I ~ f. 1 2 RESOLUTION NO. 2003-109 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Resolution No. 2003-28, adopted by the Mayor and Common 9 10 Council on January 21, 2003, entitled: 11 12 13 "RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY..,KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06,.." is hereby rescinded. 14 15 16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a 17 18 SECTION 2. That the Mayor and Common Council, as part of the hearing held on May Mitigated Negative Declaration and the Initial Study regarding the environmental effects of Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as 19 Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic 20 21 22 23 24 25 26 signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant to requirements of CEQA. The Project Description also included acquisition of right of way, grading the roadway to full width and construction of two lanes of an ultimate four lane arterial. The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No comments were received during the public review period. 27 28 . '. , . 2003-109 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 DEVlL'S CREEK FLOOD CONTROL CHANNEL, KNOW 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 Mayor and Common Council further find that although the proposed Project could have a 8 9 The Mayor and Common Council hereby finds that there have been no changes to the Project or to the surrounding area since the Initial Study was drafted. Based on the record, the significant effect on the environment, there will not be a significant effect in this case because 10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor 11 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated 12 MonitoringlReporting Program for Public Works Project PWP No. 01-03, and direct that the 13 Public Works Division file a Notice of Determination with the San Bernardino County Clerk's 14 15 16 Office. SECTION 3. That on May 19, 2003, after at least fifteen (15) days written notice to the 17 owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council 18 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 19 20 21 22 23 heard on the following matters: 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. 24 25 26 result of the above Hearing, determined that the public health, safety and welfare requires the SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a 27 acquisition by the City of a portion of that certain parcel of real property, more particularly 28 2 ., . 2003-109 1 RESOLUTlON OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTlON 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, RELATlVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 9 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 I, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed 12 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing 13 address of the owner is as shown on the last equalized county assessment roll, as required by 14 15 16 17 find and determine and declare that: (a) the public interest and necessity requires the proposed 18 law, and also as otherwise may be known. SECTION 6. The Mayor and Common Council of the Cily of San Bernardino hereby project and the acquisition by the City of San Bernardino of an easement over the property for 19 public street purposes and all appurtenant uses; (b) the location of the proposed project is 20 21 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 22 described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the 23 24 Government Code have been made to the owners of record. 25 SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby 26 declare that it is the intention of the City to acquire this property in its name in accordance with 27 the provisions of the laws of the State of California with reference to condemnation procedures. 28 3 .. . 2003-109 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 DEVlL'S CREEK FLOOD CONTROL CHANNEL, KNOW 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 SECTION 8. 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 9. The City Attorney's Office is hereby authorized and directed to prepare, 10 institute and prosecute, in the name of the City, such proceedings, in the court having proper 11 jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's 12 Office is also authorized and directed to make a deposit in the manner provided by law of the 13 sum determined to be just compensation for said property and to request and obtain a necessary 14 15 The City Attorney's Office is also authorized to take any action necessary or appropriate to 16 17 court order granting the City the right of immediate possession and occupancy of the property. acquire any temporary right of access to the property which may be necessary for construction of 18 any planned improvements. 19 20 11/ 21 11/ 22 23 24 25 26 27 28 SECTION 10. The City Clerk shall certify to the adoption of this Resolution. 4 2003-109 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 PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 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 joint regular meeting thereof held on the 19th day of May , 20~, by the following vote, to-wit: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x x LONGVILLE MCGINNIS x DERRY x x SUAREZ ANDERSON x MCCAMMACK x Q.,~~_ h. CitY-Clerk Ch{.l-c/fc The foregoing resolution tS hereby approved this ;)J,,<\ day of 20 03 . May ~FI&~ ,". -- Approved as to form 25 and legal content: 26 Esther Estrada, Mayor Pro Tern City of San Bernardino JAMES F. PENMAN, City ttorney 27 28 5 2003-109 EXHIBIT "A" LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE. NORTHERLY 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 of225.00 feet, to a tangent curve, concave southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a central angle of21 039' 01', an arc distance of699.11 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 of34.79 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 of24.86 feet, more or less, to the Point of Beginning Contains 557 square feet, more or less. 2003-109 PARCEL THREE: An easement for slope and drainage 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 comer 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 35054' 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 of33 feet; thence North 31039' 50" East, a distance of28 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 of20.61 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 comer of said Lot 14; thence northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line ofthe 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. POB (Par. Three} /- See { \ Detail "A" \ PARCEL TWO - I POB .<;f --N~44'Oi"--w---P)-'-~10.2~'~(L D~ERFI~LO S_TREE~_____ ~ (P;'O~,.) KENDALL DRIVE '. MAP NO.1 N 64" 50' 59" W - PARCE ONE ~ rf o. ~l'l:J c} <:>1: ~ ,flj ~ ~. <Q' ~O~. g/ 0, WI c::' F-./ 0, ~I N' 81 50' , 50' I 17 . -U:f ,,- . ~! 6 wi , , to NI'o - 0 to. . ol~ NN r0' zl 7>\0 ~oSv 2003-109 ! ;:/ 8?, j/ , @ - I .,---/ .....1 ..... I - a PARCEL THREE 7.35' w b ~'" ...- -v . M N M Z Right of Way Parcel One: 12,517 sq. ft. ~ Parcei Two: 557 sq. ft. ~ Total RN/: 13,074 sq. ft. ~ Slope and Drainage Easement 13,942 sq. ft. :!: LINE DATA A N34'43'52"E 115.9' B N35'54'05"E 115.00' C N 40' 33' 32' E 140.00' D N 44' 36' 51' E 133.00' E N 38' 36' 36" E 33.00' F N31'39'50'E 28.00' G N24'48'15"E 34.00' H N'1'05'29"W 8.00' I N39'41'02"E 6.16' J N 69' 37' 45" E 33.57' K S 76' 56' 51" E 20.61' ;: ~o ~o -0 . - N M '" N57'44'10'W 2486', Detail"A" (N.T.S.) 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: f/. 0 z.- Date: Date: 2003-109 EVERETT E. MCGREW AND ALDaNA R. MCGREW, HUSBAND AND WIFE AS JOINT TENANTS. EVERETT E. AND ALDaNA R. MCGREW 2358 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "C"