HomeMy WebLinkAbout2003-111
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RESOLUTION NO. 2003-111
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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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Resolution No. 2003-30, adopted by the Mayor and Common
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10 Council on January 21, 2003, entitled:
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"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 0261-231-27..."
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is hereby rescinded.
SECTION 2. That the Mayor and Common Council, as part of the hearing held on May
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16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a
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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
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 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No
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comments were received during the public review period.
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2003-111
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 LINDEN
DRIVE.
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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
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the mitigation measures attached to the Initial Study have been added to the Project. The Mayor
and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated
Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the
Public Works Division file a Notice of Determination with the San Bernardino County Clerk's
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Office.
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17 owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council
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
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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.
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
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2003-111
1 RESOLUTION OF THE CITY OF SAN BERNAR,DlNO 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 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
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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
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9 1,40, and 240 of Ihe 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
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address of the owner is as shown on the lasl equalized county assessment roll, as required by
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17 find and determine and declare that: (a) the public interest and necessity requires the proposed
law, and also as otherwise may be known.
SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby
18 project and the acquisition by the City of San Bernardino of an easement over Ihe property for
19 public street purposes and all appurtenant uses; (b) the location of the proposed project is
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planned or located in the manner that will be mosl compatible with Ihe grealest public good and
Ihe leasl private injury; (c) the property and the taking of the interest in the property as above
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described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the
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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.
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2003-111
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 LINDEN
DRIVE.
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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 HB".
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
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sum determined to be just compensation for said property and to request and obtain a necessary
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The City Attorney's Office is also authorized to take any action necessary or appropriate to
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court order granting the City the right of immediate possession and occupancy of the property.
17 acquire any temporary right of access to the property which may be necessary for construction of
18 any planned improvements.
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SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
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2003-111
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 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
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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
May
, 20~, by the following
day
of
9 vote, to-wit:
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Council Members: A YES
ABSTAIN ABSENT
NAYS
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
Qt,d~},), C-Lti.A-P~
City\;;!erk
The foregoing resolution tS hereby approved this ~ day of
20 03
May
--e:~~~
Approved as to form
and legal content:
Esther Estrada, Mayor Pro Tern
City of San Bernardino
26 JAMES F. PENMAN,
City ttorney
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2003-111
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 Counly, 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 of20.46 feet; thence South 58015' 35"
East, a distance of 20.49 feet; thence South 780 55' 17" East, a distance of 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, a distance of 54.85 feet, more or less, to the point of beginning.
Contains 422 square feet, more or less.
M-AP NO.3
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_ --.---.---.-.--.....--.---... '._'-"'--..-- --. ..' .'.----.-.----.. ._. .,.'- ,_. --.-
Proposed Slope and Drainage Easement -
Portion of Pepper linden Drive, Northerly of
Kendall Drive (APN 0261-231-27)
APprove~ale: 3'/~J..
Sr. Civil gineer EXHlinT "B"
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by:
Checked by:
Revised by:
Date:
Date:
2003-111
ATHENA A. SEHREMELIS, A SINGLE WOMAN AS HER SOLE AND SEPARATE
PROPERTY
ATHENA A. SEHREMELIS
3221 LILLY AVENUE
LONG BEACH, CA 90808
EXHIBIT "C"
