The URL can be used to link to this page

Home My WebLink About1997-007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/06/!)7 , RESOLUTION NO. 97-7 RESOLUTION OF THE CITY OF SA~ BERNARDINO FIKDING A~D DETER~INIKG THAT THE PUBLIC INTEREST A~D NECESSITY REQUIRE TIIE ACQUISITION OF CERTAIN REAL PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES APPURTENANT TIIERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPEC.A.NOE AVENUE AT SAN BERNARDINO AVENUE, IN S.A.N BERNARDINO. (ANDERSON PROPERTY) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY Of SAN BERNARDINO AS fOLLOWS: SECTION ONE. That on January 13, 1997, after at least fifteen (15) days written notice to the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the foJ lowing matters: a. Whether the public interest and necessity require the project: b. Wllether 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 for the project. SECTION ~. The Mayor and Common Counci I of the Ci to' of San Be )'- nardino. as a result of the above Hearing, determined that the public health, safety and welfare requires the acquisition by the City of a port iCln of that certain parcel of real property, more particularly described in Exhibit "A", and depicted in relation to the proposed project by the map 10 Exhibit "S", attached and incorporated by reference, for street and highway purposes, a public purpose. The acquisition is authorized by Section 19 of Article of the Cnl ifornia Constitution: Sections 1, 40, nnd 240 of the City Charter: Section 37350.5 of the California Government Code: and Sec- tions 1~40.01O through 1~40.050 of the California Code of Civil Procedure. -1- - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OJ/06/97 RESOLUTION OF THE CITY OF SAN Bl:~R!>iARDINO FINDING AND DETERMINING THAT TflE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTi\IN REAL PROPERTY AS AN EASEMENT FOR PUBLIC PGRPOSES AND ALL USES APPURTENA)"T 11fERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (ANDERSON PROPERTY) RES.97-7 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed is set forth on Exhibit "C". attached hereto and incorpo- rated herein by reference. The mailing address of the owner IS as sho~TI on the last equalized county assessment roll, as required by law. SECTION 4. The Mayor and Common Council of the City of San Ber- nardino hereby find and determine and declare that: (a) the publ ic interest and necessity requires the proposed project and the acquisition by the City of San Bernardino of an easement over the property for public street purpos- es and all appurtenant uses; (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 property and the taking of the interest in the property, as above described. 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. SECT ION 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 Exhibits "A" and "B". SECTION - 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 of -,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/06/9" RESOLUTION OF TIlE CITY OF SAN BERNARDINO IINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY AS ON EASEMENT FOR PlJBL rc PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (ANDERSON PROPERTY) RES.97-7 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 con- struction of any planned improvements. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -J- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/06/97 RESOLUTION OF TIlE CITY OF SA1\ BER~'ARDINO FlNDI:\G "'iD DETERl\1I'iING TIL,",T THE PUB,"IC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORA."iGE SHOW ROAD. (ANDERSON PROPERTY) Res 97-7 I HEREBY CERTIFY that the foregoing resolution was dllly adopted by joint adjour d the Mayor and Common Counci I of the Ci ty of San Bernardino at a regular meeting thereof, held on the 13t"'--day of _J-"nuary _.__ 1997, by the follow i ng vo t e, tow it: COUNCIL MEMBER~ : ",YES NEGRETE x CURL I:1f x ARIAS x OBERHELMAN x DEVLIN x ANDERSON X MILLER x N6YS 61i:?IAIU fIoBS r~\'I .- ~~{!.~..~---- R,",CHEL .LARK, City Clerk The i'fil day foregoing resolution is hereby approved this of January 19'~A\ /~~ ~ TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, C'i ty At torney -') B~~ '7.~~~~~__ J -4- RES.97-7 That portion of Lot 100, Tract No. 1995, Valley Truck Farms, as per plat recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder County, described as follows: thereof of said Beginning at the intersection of the South line of said Lot 100 and the West line of Waterman Avenue; thence West along the South line of said Lot 100, a distance of 254.9 feet; thence North at right angles to said South line, a distance of 16.7 feet; thence East and parallel with said South line of Lot 100, a distance of 218.92 feet; thence North 000 04' 34" West, a distance of 6.00 feet; thence North 480 56' 03" East, a distance of 41.2 feet, to a point which lies 5.00 feet West of the West line of said Waterman Avenue; thence South 890 58' 35" East, a distance of 5.00 feet, to the West line of Waterman Avenue; thence South along said West line of Waterman Avenue, a distance of 49.7 feet, more or less, to the Point of Beginning. contains 5024 square feet, more or less EXHIBIT "A" ..._~ , RES.97-7 EXHIBIT IIBII w => ~'I I j~! - - - - _1- - --ENN-I-5- - - -SlRE-ET- - S89"55'26'W -Ii:- - - - --) w N89'58'35'W ~l I l() 50. 00' ~o, :"~ _ ~UL.E.! I T ;:;1 0"; ~ OF BEG I NN I NG 0:::' g- t'- A.P.N. H ~l! z -136-431-21,_~-3 m_~ -N89'55'26'[ 218.92' , I 254.9'------"' ~ I ~, ~ :.... r- I o~ I 0'" o ' tf) I 55' T z' <(I 2 0::: W f- <( :s: ,\ ~0il>.A S uthw st corner of La \ ~c: 1; ____ \"9'-P , \\,;y~Q A(~C?~ \ -p \-p '-, o 100 ~ N 380.00' South line of Lot 100 TRACT NOo 1995 VALLEY TRUCK FARMS Mo 80 29 / 13 LL West I I ne of a porce I of I and conveyed to the County of San BernardIno by a Deed recorded Jonuory II, 1961 I n Book 5324 Page 20 O. R. COURSE DESCRIPTION 1-2 NOO'04'34'W 6.00' 2-3 N48'56'03'E 41.2' 3-4 S89'S8'35'E 5.00' FEE OWNERSH 1 PI J.O.S. Anderson Mlttie R. Anderson GRANT DEED PERI BoOk 1987 Page 498 O.R. Recorded May 17. 1947 . ~ ~ I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' ~ . ^ PR(PAR(OBY' ",",1"<1 .,,,,,..0"". ["<I'"".r'"" P'''9'"""/ton.'',,'''lon --' DMJM ~ SCALE: I' = 100' Don 1 e I, Mann. Johnson 8< Mendenho II Z15 West HosPl to II ty Lone. SuI te 31 ~ Son BernordlM. Coltfornlo 9Z~OB (909) 869-3~GI'. , RES.97-7 CITY OF San Bernardino PUBLIC WQRKSfENO'NEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR J.O.S. and MITIIE R. ANDERSON File No. 15.02-1259 Acquisition Map No. 18 Sent by Certified Mail Receipt No. P 225 919 676 Return Receipt Requested Mr. and Mrs. J.O.S. Anderson 10555 Cook Avenue Riverside, CA 92505 Dear Mr. and Mrs. Anderson: The law provides the procedure for public agencies to acquire private property for public use. It presently requires that every agency which intends to condemn property must notify the owners of that property of its intention to condemn. Such notice must be prior to submission of an authorizing resolution to the appropriate commission for adoption. The purpose of the attached Notice of Intent is to advise you that acquisition of your property will be sought through judicial process if an amicable agreement is not reached. Agreement between an owner and the City may be delayed for a variety of good reasons; however, in order to maintain a schedule for construction of this project, certain procedural steps must be taken. One such step is to advise an owner of our intent to acquire property through court proceedings. The project which requires your property is now scheduled for construction in the near future. A legal description of the required property is also attached. The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common Council at the regular City Council Meeting of January 13, 1997, and raise questions concerning the public interest, necessity, and loca- tion of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and it will not be considered by them. If the Resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding the amount of condemnation is determined. EXHIBIT "e" 300 NORTH '0' STREET. SAN BERNARDINO, CALIF. 92418 0001 (SlOll)384-S111.384.S112.FAX:384.S155 RES.97-7 December 12, 1996 File No. 15.02-1259 Acquisition Map No. 18 J.O.S. and MITIIE ANDERSON Page Two If you desire to appear before the Mayor and Common Council and give proper notice of appearance, the January 13, 1997, regular City Council Meeting will be he ld in Council Chambers at San Bernardino City Hall, 300 North "0" Street, San Bernardino, CA 92418, beginning at 9:00 a.m., with Public Hearings generally beginning at 10:00 a.m., or as close to that time as possible. If you have any questions regarding the procedure, you can reach me by tele- phone at (909) 384-5328. Sincerely, ROGER G. HAROORAVE, ~ ~~ngineer ANNE DeBOLT Real Property Specialist Attachments cc: Henry Empefio, Deputy City Attorney RES.97-7 ERN ARD IN 0 300 NORTH "D" STREET. SAN BERNARDINO. CALlFDRNIA 9241B SAN BERNARDINO CITY COUNCIL NaI'ICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code Df Civil Procedure, Section 1245.235) TO: J.D.S. and MITIIE R. ANDERSON 10555 Cook Avenue Riverside, CA 92505 CalifDrnia Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The 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 sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that the Mayor and Common Council at their meeting to be held on January 13, 1997, in San Bernardino, CA, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council Meet- ings begins at 10:00 a.m, or as close to that time as possible. Questions concerning the amount of compensation to be paid are not a part of this pro- ceeding and the Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this Not ice and is marked Exhibi t "A". If you file a written request to appear (within 15 days from the mailing of this Notice) you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. All requests to appear must be sent for filing to the City Clerk, City of San Bernardino, 300 North "0" Street, San Bernardino, CA 92418. RES.97-7 NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY Acquisition Map No. 18 Anderson Page Two The written request must actually be on file within the 15-day period. to file a written request results in a waiver of your rights to appear heard. Failure and be Your written request to appear should include a statement of the condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designate (a), (b), and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the Mayor and Common Council will consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the IS-day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court will determine the amount of compensation to which you are entitled. If you have any questions, please call Anne DeBolt at (909) 384-5328. December 12, 1996 ROGER G. HAROORA VE, Director of Public Works/City Engineer