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Home My WebLink About2003-110 , ~ u~' .--l I 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE 3 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 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 6 7 8 9 10 RESOLUTION NO. 2003-110 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Resolution No. 2003-29, adopted by the Mayor and Common Council on January 21, 2003, entitled: 11 "RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE 12 ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27"." 13 is hereby rescinded. 14 15 16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a 17 18 19 20 SECTION 2.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 Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant 21 22 to requirements of CEQA. The Project Description also included acquisition of right of way, 23 grading the roadway to full width and construction of two lanes of an ultimate four lane arterial. 24 The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for 25 26 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 2003-110 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 026t-23I-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 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 Mayor and Common Council further find that although the proposed Project could have a 9 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 17 owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council Office. SECTION 3. That on May 19,2003, after at least fifteen (15) days written notice to the 18 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 19 heard on the following matters: 20 21 22 23 24 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. 25 SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a 26 result of the above Hearing, determined that the public health, safety and welfare requires the 27 acquisition by the City of a portion of that certain parcel of real property, more particularly 28 2 2003-110 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 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 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 9 1,40, 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 law, and also as otherwise may be known. 15 16 17 18 SECTION 6. 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 19 20 21 22 23 24 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. 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 I 2003-110 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 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". 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9. 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 the subject property. The City Attorney's Office is also authorized and directed to make a deposit in the manner provided by law 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 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 10. The City Clerk shall certify to the adoption of this Resolution. 1/1 1/1 4 I" . 2003-110 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 0261-231-07, 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 a j oint regular meeting thereof held on the 19th May , 20~, by the following day of 9 vote, to-wit: 10 Council Members: 11 12 13 AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x x MCGINNIS 14 15 16 17 18 19 20 21 22 23 DERRY x SUAREZ x ANDERSON x MCCAMMACK x (A"Jd City'elerk };;. C~L~(~ The foregoing resolution IS hereby approved this ;);)"d day of 2003 r~~~ May Esther Estrada, Mayor Pro Tern City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 By: ~~ 1./~ U 5 2003-110 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 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 most northerly corner of said Lot 13; thence South 320 IS' 50" West, along the northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 51" East, a distance of 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 320 IS' 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. .~AP NO.2 , / , ::/ 0> 0>' j/ , b<~ rv o. ~~ ~'V ~<..rc(j of- ~o ~<9' 'fP -.~.J [3( 0, Il) rl 0:, ,,/ 0, ~I N' c3/ 50' , 50' I , '/ !1 -14 13 , wi , , <0 NI'O - 0 <0, . ol~ ",N ,." 21 a\0 ~OSC ------I- i Slope and Drainage Easement (see detail below) (3,233 sq. ft. :!:) N 64' 50' 59" W 101.11'1 w " ~ . . N ~N -.; N- ~ z s: b "'''' . N '" . ~... . ... N M en 5 56' 50' 35' E 11.02' '<' " 5' 6' 6" S 1 .,1.69' ..{ r') I c , a k-=-== 1010.28' to ell DEERFIElD STREET ... N57~44'1~W ---------------------------- 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:~~<flz.--Dale: f~lot Sr. Civil Engineer EXHIBIT "B" Created by: Checked by: Revised by: Dale: . '. 2003-110 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 "e"