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HomeMy WebLinkAbout1997-032 1 2 3 4 5 6 7 97-32 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE 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 BETWEEN ARROWHEAD AVENUE AND TIPPECANOE AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO. (SCHMITZ PROPERTY - #14 & 15) 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 8 (15) days written notice to the owner of the property listed in Section 3 of 9 this Resolution, the Mayor and Common Council held a hearing for the purpose 10 of allowing the owner a reasonable opportunity to appear and be heard on the 11 following matters: 12 13 14 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 15 least private injury; and 16 c. Whether the property sought to be acquired is necessary for 17 the project. 18 SECTION 2. The Mayor and Common Council of the City 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 25 26 27 28 01/27/97 purposes, a public purpose. The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 1, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and Sec- tions 1240.010 through 1240.050 of the California Code of Civil Procedure. SECTION 3. The owners of said property to whom Notice of said -1- 01/27/97 1 2 3 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. (SCHMITZ PROPERTY - #14 & 15) 97-32 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 Council of the City 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 16 17 18 19 20 21 22 23 24 25 26 27 28 made to the owners of record. SECTION 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 7. 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 the sum determined to be just compensation for said property and to request -2- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27/97 .. 1 2 . . 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 PUBLI C PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (SCHMITZ PROPERTY - #14 & 15) 97-32 3 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 6 temporary right of access to the property which may be necessary for con- 7 struction of any planned improvements. 8 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -3- 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 01/27/97 RESOLUTION OF THE CITY OF SAN BERNARDINO FINpING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY AS AN EASEMENT FOR PUBLI C PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (SCHMITZ PROPERTY - #14 & 15) 97-32 I HEREBY CERTIFY that the foregoing resolution was duly adopted by joint regular the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 3rd day of Februl:Y following vote, to wit: , 1997, by the COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x RAC~Ci~ The foregoing resolution is hereby approved this of February , 1997. ---;-~X~h~, TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, ci ty Attorney ''Jd~7 ) . C't.~ -4- fl-.L day 97-32 The South 16.7 feet of East 160 feet of the West 260.00 feet of Lot 100, Tract No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County. contains 2673 square feet, more or less EXHIBIT "A" I ENN I S STREET. ______i____________________,_~---------- 97-32 N89'55'26'E o o -r R J-\ c -} , , YJ.\LLF"Y JVL 8 i ~ NOo J995 +- o -' ... o L cp C L o o -r RUe J< fJ.\RMS '/9 J J ~) w N ,., ..... , ..... <D A. P. N. 136-431-33 POf~T] ON : LOT JOO w , 10 I 10 \ ~ ~~ o 0- \~Vl : lil~: r---S89'55'26'W --~-- - -r N89'55'26'E ~ N89'55'26'E 160.00' ----" ':). \ 100.00' South lIne of Lot 100-J g., -TRUE POINT OF BEGINNING ,\f ~ \ \ ':t-/-p'f}/\ ' .>0'-.; '\/ ~tS'1; \--- ',(\0 , '~ , . U'I N , o , , 0 160.00'-______' ~ / -p '-p 'J FEE OWNERSHIP. John Schmitz GRANT DEED PER. Inst. No. 91-124235 O.R. Reco,ded Ap, illS. 1991 ! ~ I INDICATES EASEMENT FOR ROADWAY PURPOSES . -0- ~ ., . PREPAREOBY, P'''"''oo ....<t1ll1o".... ["11,,,,.,.1"0 P,__<mI{on..,-wl'"" -, , EXHIBIT "B" DfAN SCALE- I. = 40' Oon I e I, Mom, Johnson So Mendenho II 275 West HospItality Lane, Suite 3!4 7~q?e~~~~~~. Coil fornla 92408 { CITy OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, DIRECTOR R . C. E. January l~, 1997 File No. 15.02-1259 ~cquisition Map No. (J-/ 14 & 15 Sent by Certified ~ail Receipt No. P-225-919-683 Return Receipt Requested JOHN SCHMITZ 10632 SOUTH ~lE.-\DS AVEN1:1: OR'\J'\GE, CA 92669 Dear ~lR. SCHMITZ: 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 In~ent is to advise you that acquisi t ion of your property wi 11 be sought through judicial process if an amicable agreement is not reached. .;greement between an o'.mer 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 :'Iayor and Common Council at the regular City Council ~eeting 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. EXHIBIT "e" 300 NORTH D' STREET SAN BERNARDINO, C A L [ F 924 I 8 000 I (g 0 8) 384 - 5 1 1 1 ' 384 - 5112 . FAX: 384.5155 97-32 January 14. 199- File :-':0. 15.02-1259 Acquis i t ion ~Iap :-':0. 14 & 15 SCHMITZ Page Two F-' t 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 held in Counci I Chambers at San Bernardino Ci ty Hall, 300 :-lonh "D" Street, San Bernardino, CA 92418, 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 ha~e any questions regarding the procedure, you can reach me by tele- phone at (909) 384-5328, Sincerely, RCGER G. H.-\RDGRWE, Director of Public Works/City Engineer ~~~ ..\N:-''E DeBOLT Real Property Specialist Attachments cc: Henry Empeno, Deputy City Attorney 97-32 i C I T Y o F San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E, DIRECTOR SAN BE&~~I~O CITY COlWCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQCIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: JOHN SCHMITZ 10632 SOUTH MEADS AVENUE ORANGE, CA 92669 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: (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. (cl The property sought to be acquired is necessary for the project. (d) The offer required by Section 726~.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 '.vill authorize the '.layor and Common Council to acquire the property by eminent domain. A description of the required property IS attached to this Notice 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 "DO< Street, San Bernardino, CA 92413. 300 NORTH 0' STREET, SAN BERNARDINO, CALIF. 92418 0001 (80"J384.5111.384-5112.FAX:384.S155 :>lOTICE OF I:>lTEYr TO ADO' Acquisition Map No. 14 & January 14. 1997 Page Two RESOLUTION OF NECESSITY ,5 ~ t 97-32 The written 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 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 I5-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 ~ecessity, 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 wi II determine the amount of compensation to which you are entitled. If you ~ave any questions, please call .~ne DeBolt at (909) 384-5328. January 14. 1997 RCGER G. H.\RDGR-\':E. Direc~cT of Public Works/r::i:y Er'6~r.:2e[ 97-32 r The South 16.7 feet of East 160 feet of the West 260.00 feet of Lot 100. Tract No. 1995. Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County. contains 2673 square feet, more or less EXHIBIT ".-\"