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01/27/97
RESOUITION NO.
97-33
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 PUBLIC 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.
(SOTO/ARJONA PROPERTY - #17)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECJ'ION 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.
SECJ'ION 2. The Mayor and Common Council of the City of San Ber-
nardino, as a result of the above Hearing, determined that the public
health, safety and welfare requires the acquisition by the City of a portion
of that certain parcel of real property, more particularly 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 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.
SECJ'ION 3.
The owners of said property to whom Notice of said
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01/27 /97
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RESOLlJTION 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. (SOTO/ARJONA PROPERTY -
#17)
97-33
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
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.
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
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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. (Saro/ARJONA PROPERTY -
#17)
97-33
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
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
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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. (SOTO/ARJONA PROPERTY -
#17)
97-33
3 I HEREBY CERTIFY that the foregoing resolution was duly ?ldppted by
]01nt
4 the Mayor and Common Counci I 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
~1~_
RAC CLARK, Clty Clerk
The foregoing
1/1:L
day
resolution is hereby approved this
of
February
, 1997.
~&~
toM MINOR, Mayor '
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
ci ty Attorney
ro
. l '_ '--J .
By. r//v,,--,,_ 1
')
)
;<G.~
-4-
97-33
The South 16.7 feet of the East 60.00 feet of the West 380.00 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 1002 square feet, more or less
EXHIBIT "A"
Tract
Page
9'7-33
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_ _ i _ _ _ _ _ _ _ _ _ _E_NN_ L?_ _ _ ..?JR~E!_ _ ~ _ _ __
, N89'SS'26'E
P~RTJON LOT JOO
, ,
r"]~"ff LO~_IOO
----- N89'SS'26'E
\ South lIne of Lot 100
TR~ POINT OF BEGINNING..
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FEE OWNERSH I PI
Samuel Castaneda Soto
and No,be,ta A,jono
GRANT DEED PER.
Doc No. 199502603080.R.
Recorded Ju I y 28. 1995
.p
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I
I INDICATES EASEMENT FOR
ROADWAY PURPOSES
-0-
SCALE. I. = 50'
EXHIBIT "B"
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Oon 1 e I, Mann, Johnson" Menclenho I I
275 West Hospitality Lane. Suite 314
~~~^~er~~r~~~6' California 9240B
97-33 /-
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E.
DIRECTOR
tv
January 14. 199-
File No. 15.02-1259
Acquisition Map No. 17
Sent by Certified ~lail
Receipt No. P-225-919-634
Return Receipt Requested
SAMrEL C. SOTO A"lJ) NORBERTO ARJONA
400 COL~~YWIDE WAY, #SV-35
SIMI \~\LLEY, CA 93065-6293
Dear \~SSRS. SOTO A\TI ARJONA:
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 att:lched Notice
of Irctent is to ad"ise you that acquisition of your property will be sought
through judicial process if an amicable agreement is not reached.
.~greement between aI' 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 gi\Ces you an opportunity to appear before the
~,!ayor and Cemman Council at the regular City Council Meeting of February 3,
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
compensat icn for your property is not an issue for the Mayor and Common Counci I
and it wi II 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 (g08)384.S111'384-5112.FAX:384.5155
97-33
January 14. 199-
File ~o. 15.02-1259
Acquisition Map ~o. I-
SOTO & .-\RJONA
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 held in Council Chambers at San Bernardino City Hall, 300 North "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 yo~ have any questions regarding the procedure. you can reach me by tele-
phone at (909) 334-5323.
Sincerely,
ROOER G. Ii -\RIXJRA VE ,
Director of Public ~orks/City Engineer
~ i0-&Lt-
.-'..'"'Nc DeBOLT
Real Property Specialist
Attachments
cc:
Henry Empeno. Deputy City Attorney
,
97-33 I
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E,
DIRECTOR
SA,'i BER'iARDI;>;O CITY COUNCIL
:>;OTlCE Of I~'TE:-;T TO ADOPT RESOLl'TION OF ~JECESSlTY
TO ACQUIRE CERTAr:>; REAL PROPERTY
OR I:>''TEREST IN REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure, Section 1245.235)
TO: SAMl'EL C. SOTO and NORBERTO ARJONA
400 COl~!RYWIDE WAY, #SV-35
SIMI VALLEY, CA 93065-6298
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.
(c) The property sought to be acquired is necessary for the project.
(d) The offer required by Section ~267.2 of the Government Code has been
made to the o~ner of record.
You are hereby notified that the '.Iayor and Common Council at their meeting to
be held on February J. 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 Resolutian will authorize the Mayor and Common Council to acquire
the property by eminent domain. A description of the required property is
attached to this Notice and is marked Exhibit "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 'iorth "0" Street. San Bernardino. C.~ 92418.
300 NORTH 0' STREET, SAN BERNARDINO,
CALIF 92418 OOOt (gOI)384-511t.384-5112.FAX:3B4_S155
~OTICE OF I:>'"fENT. TO AJ)Qr . RESOLUTION OF :>''ECESSITY r .
Acquisition Map No. 17
January 14, 1997
Page ~^;o
97-33
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 (al, (b), and (c)). By
designating which condition forms the basis of your concerns, and why, you will
enab Ie the Mayor and Common Counc i I to ha\'e a full and expedi t ious 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
praceedings 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, 1997
RCGER G. !L.,RDGR.~ \iE .
Director of Public Works/City Engineer
(
97-33
The South 16.7 feet of the East 60.00 feet of the West 330.00 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 1002 square feet, more or less
EXHIBIT ".\'.
Tract
Page