HomeMy WebLinkAbout1998-034
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98-34
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN EASEMENTS FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE PROPOSED WIDENING OF KENDALL
DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN
BERNARDINO. (A.P.N. 0152-022-40, SANAI, ET AL PROPERTY)
BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That on February 16, 1998, at least fifteen (15) days after written notice
was mailed to the record oWller(s) of property from which the City is proposing to acquire an
easement, the Mayor and Common Council held a public hearing for the purpose of allowing the
oWller(s) a reasonable opportunity to appear and be 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 least private injury;
c. Whether the property sought to be acquired is necessary for the project; and
d. An offer to purchase has been made to the oWller( s) of record.
SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a result
of the above public hearing, determined that the public health, safety and welfare requires the
acquisition by the City of certain easements across real property located in the City of San
Bernardino, more particularly described in Exhibit "A", attached hereto and incorporated by
reference, for slope easement and temporary construction easement 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 Sections 1240.010 through 1240.050 of the California Code of
02/11/98
I
98-
RESOLUTION DETERMINING NECESSITY FOR THE ACQUISITION OF
EASEMENTS ALONG THE PROPOSED WIDENING OF KENDALL DRIVE, BETWEEN 36TH
STREET AND "H" STREET. (A.P.N. 0152-022-40, SANAI, ET AL PROPERTY)
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Civil Procedure.
SECTION 3. The Mayor and Common Council of the City of San Bernardino hereby find
and declare that: (a) the public interest and necessity requires the project and the acquisition by the
City of San Bernardino of a slope easement and temporary construction easement for street and
highway purposes; (b) 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 taking of the interest
in said property, as described herein, is necessary for the proposed project; and (d) the offer
required by Section 7267.2 of the Government Code has been made to the owners of record.
SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby
declare that it is the intention of said City to acquire interest in this property, as set forth herein,
in its name in accordance with the provisions of the laws of the State of California with reference
to condemnation procedures.
SECTION 5. 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 easement over this property. The City
Attorney's Office is also authorized and directed to make a deposit with the court in the sum
determined to be just compensation for said property and obtain a necessary court order granting
the City the right of immediate possession and occupancy of the property and to take any action
necessary or appropriate to acquire any temporary right of access to the property which may be
necessary for the construction of planned improvements.
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02/1 1/98
2
98- RESOLUTION DETERMINING NECESSITY F0R THE ACQUISITION OF
EASEMENTS ALONG THE PROPOSED WIDENING OF KENDALL DRIVE, BETWEEN 36TH
STREET AND "H" STREET. (A.P.N. 0152-022-40, SANAI, ET AL PROPERTY)
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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joint regular
Common Council of the City of San Bernardino at a
16th
meeting thereof
held on the
, 19~, by the following vote,
February
day of
to-wit:
6 Council Members:
7 NEGRETE
8
AYES
NAYS
ABSTAIN ABSENT
x
x
CURLIN
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x
ARIAS
OBERHELMAN
x
x
DEVLIN
x
ANDERSON
x
MILLER
,") ,l
c~Le~LGL ';,j C~(vL/k/
The foregoing resolution is hereby approved this / glJ.. day of February , 19~.
~:ZX.//i'LM
T M MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By ~ ~'7~
02/1 1/98
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98-34
KENDALL DRIVE WIDENING
SLOPE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
APN: 0152-022-40 Owners: Housang Sanai, Ziba Sanai, Heshmat Tayebi, Afagh Tayebi, Richard
Pollack, Lisa Pollack, Jeffrey Pollack, Martha Kaplan, Michael Kaplan
Slope Easement:
That portion of certain real property located in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Those portions of Lots 4,5 and 9, Block 22, Tract No. 1733, Thompson Brothers Poultry Colony, as per Map
recorded in Book 26 of Maps, Pages 7 through 12 inclusive, records of the County recorder of said County
described as follows:
Beginning at the intersection of the East line of Kendall Drive as conveyed to the City of San Bernardino by
deed recorded July 11, 1928 in Book 429 of Official Records, Page 384, and the North line of Lot 5; thence East
along said North line of Lot 5, to a point on a line that is parallel with and 30.00 feet East of said East line of
Kendall Drive; thence Southerly, along said parallel line to the South line of said Lot 5; thence East along said
South line, to a point on a line that is parallel with and 20.00 feet East of said East line of Kendall Drive; thence
South along said parallel line, across said lots 4 and 9, to the South line of said Lot 9; thence East, along said
South line of Lot 9, to said East line of Kendall Drive; thence Northerly, along said East line of Kendall Drive,
to the point of beginning.
AREA: 10,700 sq. ft. mil
Temporary Construction Easement:
A 10 foot strip of land lying adjacent to and parallel with the Easterly line of the above described slope
easement.
AREA: 4,100 sq.ft. MIL