HomeMy WebLinkAbout1997-031
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97-31
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
3 REAL PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES APPURTENANT
THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD BETWEEN ARROWHEAD
4 AVENUE AND TIPPECANOE AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO.
(HUD PROPERTY - #13)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION ONE.
That on February 3, 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
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.
SECTION 2. The Mayor and COmmon COuncil of the Ci ty of San Ber-
19 nardino, as a result of the above Hearing, determined that the public
20 health, safety and welfare requires the acquisition by the City of a portion
21 of that certain parcel of real property, more particularly described in
22 Exhibit "A", and depicted in relation to the proposed project by the map in
23 Exhibit "B", attached and incorporated by reference, for street and highway
24 purposes, a public purpose. The acquisition is authorized by Section 19 of
25 Article 1 of the California Constitution; Sections 1, 40, and 240 of the
26 City Charter; Section 37350.5 of the California Government Code; and Sec-
27 tions 1240.010 through 1240.050 of the California Code of civil Procedure.
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01/27/97
SECTION 3.
The owners of said property to whom Notice of said
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01/27/97
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC 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 ORANGE SHOW ROAD. (HUD PROPERTY - #13)
97-31
3 Hearing was mailed is set forth on Exhibit "C", attached hereto and incorpo-
4 rated herein by reference. The mailing address of the owner is as shown on
5 the last equalized county assessment roll, as required by law.
6 SECTION 4. The Mayor and Common Counci I of the ci ty of San Ber-
7 nardino hereby find and determine and declare that: (a) the public interest
8 and necessity requires the proposed project and the acquisition by the City
9 of San Bernardino of an easement over the property for public street purpos-
10 es and all appurtenant uses; (b) the proposed project is planned or located
11 in the manner that will be most compatible with the greatest public good and
12 the least private injury; (c) the property and the taking of the interest in
13 the property, as above described, is necessary for the proposed project; and
14 (d) the offer required by Section 7267.2 of the Government Code has been
15 made to the owners of record.
16
SECTION 5.
The Mayor and Common Council of the City of San
17 Bernardino do hereby declare that it is the intention of the City to acquire
18 this property in its name in accordance with the provisions of the laws of
19 the State of California with reference to condemnation procedures.
20
SECTION 6. The property is located in the City of San Bernardino,
21 County of San Bernardino, State of California, and is particularly described
22 and depicted in Exhibi ts "A" and "B".
23
SECTION 7. The City Attorney's Office is hereby authorized and
24 directed to prepare, institute, and prosecute, in the name of the City, such
25 proceedings, in the court having proper jurisdiction, as may be necessary
26 for the acquisition of the easement over this property. The City Attorney's
27 Office is also authorized and directed to make a deposit with the court of
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the sum determined to be just compensation for said property and to request
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01/27/97
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR POOLI C PURPOSES AND ALL USES APPURTENANT THERETO
ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (HUD PROPERTY - #13)
97-31
and obtain a necessary court order granting the City the right of immediate
4 possession and occupancy of the property. The City Attorney's Office is
5 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 8. The City Clerk shall certify to the adoption of this
Resolution.
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01/27/97
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC 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 ORANGE SHOW ROAD. (HOD PROPERTY - #13)
97-31
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
joint
the Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 3rd day of
February
, 1997, by the
following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
~J~
RAC CLARK, CIty Clerk
The foregoing resolution is hereby approved this
LjIL
day
of
February
, 1997.
~'J//
. ~/7YV1 /[L{~
M MINOR, Mayor -
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: (L~4 7. J~
U
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97-31
The South 16.7 feet of the East 50.00 feet of the West 100.00 feet of Lot 100,
No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps,
13, in the office of the County Recorder of said County.
contains 835 square feet, more or less
EXHIBIT "A"
Tract
Page
97-31
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ENNIS STREET
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A.P.N.
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50.00'
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16.7'
SO.OO'
N89'S5'26'E
South lIne of Lot
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Southwest corner of Lot 100
TRUE POINT OF BEGINNING
~
SCALE: I" = 30'
FEE OWNERSHIP.
The Sec,etory of Housing ond
U,bon Development
GRANT DEED PER.
Inst. No. 92-3S6388 O.R.
Reco,ded August 27. 1992
I I
~
EXHIBIT "B"
INDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
PREPAREOBY,
PI<:n"'I"'l
Ard>IUo......
hll!l"""'ltIQ
Proor<JIIICOI'lUruoll...
'-'
DMJM
0011 reI, Mann, Johnson" MendenhQ I I
275 West HospitalIty Lone. SuIte 314
Son Bernardino. Collfornla 92406
t909l 1169-3<106
97-31
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE,
DIRECTOR
R C. E.
January l~, 199~
File No. 15.02-1259
Acquisition Map No. 13
.-/
t.../
Sent by Certified Mail
Receipt No. P-225-919-680
Return Receipt Requested
HUD
3~ CIVIC CENTER PLACE
SAVTA .~~A. CA 93~12
TO WHOM IT MAY CONCERN:
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 o~ner 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 caurt 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.
T~l<" attached ,,"otice of Intent gives you an opportunity to appear before the
"Iayor and Common Council at the regular City Council "feeting of February 3.
199~. 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
compensat ion for your property is not an issue for the Mayor and Common Counci I
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 D' STREET, SAN BERNARDINO,
CALIF 92418 0001 (gOg)384.S111,384.S112.FAX:384_S155
.' 97-31
-
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G
DIRECTOR
HARDGRAVE. R.C,E.
January H, 1997
File No. 15.02-1259
Acquisition Map No. 13
~
Sent by Certified Mail
Receipt No. P-225-919-6S2
Return Receipt Requested
ERICK O. HERN.~~DEZ
241 ENNIS STREET
S.~~ BE~~ARDINO. CA 92408
Dear ~lR. HE~~A'iDEZ:
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 '\otice
of Intent is to advise you that acquisition of your property Rill be sought
through judicial process if an amicable agreement is not reached.
Ag,eement between an o~ner 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 '\otice of Intent gi\'es you an opportunity to c.ppear before the
\Iayor and Common Council at the regular City Council Meeting of February 3.
199-. 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.
300 NORTH O. STREET SAN BERNARDINO
CALIF 92418 0001 (gOg)384.S111.384-S112.FAX:384_S1SS
97-31
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE,
DIRECTOR
R . C. E.
January 14, 1997
File No. 15.02-1259
V Acquisition Map No. 13
[,v
Sent by Certified ~ail
Receipt No. P-225-919-681
Return Receipt Requested
~IR. SNIT I AGO BAHENA & MS.
241 E;'iNIS STREET
SAN BERN"ARDI:>lO, CA 92408
A,'olPARO Hl'ERTA
Dear MR. BAHE:>lA & MS. Hl'ERTA:
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 OWTIers 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 ~otice
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 mmer 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 \'otice of Intent gives you an opportunity to appear before the
"ayor 3nd Common Council at the regular City Council Meeting of February 3,
199-, 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.
300 NORTH 'D STREET SAN BERNARDINO,
CALIF 92418 0001 (eOe)384-S111,384.S112.FAX:384_S1SS
9'7-31
January 14, 199c
File :-:0. 15.02-1259
Acquisition Map No. 13
BAHENA & HVERTA
Page Two
(
If you desire to appear before the Mayor and Common Council and give proper
notice of appearance, the February 3, 1997, regular City Council Meeting will
be he Id in Counci I Chambers at San Bernardino Ci ty Hal I, 300 North "D" Street.
San Bernardino. CA 92413, beginning at 9:00 a.m., with Public Hearings general-
ly 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) 334-5328.
Sincerely,
RCXJER G. HARDGRAVE,
Director of Public Works/City Engineer
~J&&d-
.",\JNE DeBOLT
Real Property Specialist
Attachments
cc:
Henry Empefio, Deputy Ci ty .-\ttorney
97-31
(
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E,
DIRECTOR
S.~~ BER~ARDI~O CITY COL~CIL
NOTICE OF I~TENT TO ADOPT RESOLLiION OF ~~CESSITY
TO ACQGIRE CERTAIN RE~ PROPERTY
OR INTEREST IK REAL PROPERTY BY EMINE:>.i OO~V\IN
(Code of Civil Procedure, Section 1245.235)
TO: MR. SA\;iIAGO BAHENA & MS. AMP.o\RO HL'ERTA
241 ENNIS STREET
SA~ BERNARDINO, CA 92408
California 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:
(al 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.
(cl The property sought to be acquired is necessary for the project.
(d) The offer required by Section -26:.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 February 3, 199-. 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 ;>;ot 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 \"orth "0" Street. San Bernardino, C.'>' 92413.
300 NORTH '0' STREET, SAN BERNARDINO,
CALIF 92418 0001 (gOg)384-5111. 384.5112, FAX: 384.51S5
I
97-31
'JOTICE Of I:~~\l TO .\DO. _ RESOLllION OF ~~CESSITY
Acquisition Map No. 13
January 14. 1997
Page 1"'NO
(
The ~ritten request must actually be on file within the IS-day period. Failure
to file a written request results in a waiver of your rights to appear and be
heard.
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 wh)'. 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 ~ithin the 15-day period.
The \Iayor 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.
January 14, 199~
RCGER oJ. HARINR.-'I \~ .
Di rector of Pub 1 ic \\orks/Ci to' Engineer
'.
(.
97-31
The South 16.7 feet of the East 50.00 feet of the West 100.00 feet of Lot 100,
No. 1995. Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps,
13. in the Office of the County Recorder of said County.
contains 835 square feet, more or less
EXHIBIT "A"
Tract
Page