HomeMy WebLinkAbout1997-034
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RESOLUfION NO.
97-34
RESOLUfION 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.
(KENNEDY PROPERTY - #29)
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
16 c. Whether the property sought to be acquired is necessary for
17 the project.
18 SECTION 2. The Mayor and Common Counci I 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 Exhibi t "A", and depicted in relat ion to the proposed project by the map in
23 Exhibit "B", attached and incorporated by reference, for street and highway
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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
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RESOLUfION OF THE CITY OF SAN BERNARDINO FI-NDING 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. (KENNEDY PROPERTY - #29)
97-34
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
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made to the owners of record.
SECTION 5.
The Mayor and Common Counci I 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,
21 County of San Bernardino, State of California, and is particularly described
22 and depicted in Exhibi ts "A" and "B".
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01/27/97
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
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. (KENNEDY PROPERTY - #29)
97-34
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 8. The City Clerk shall certify to the adoption of this
Resolution.
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01/27/97
RESOLUTION OF TIIE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT TIIE
PUBLIC INTEREST AND NECESSITY REQUIRES TIIE ACQUISITION OF CERTAIN REAL
PROPERTY AS AN EASEMENT FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO
ALONG TIIE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (KENNEDY PROPERTY - #29)
97-34
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
~-.~
RAC CLARK, City Clerk
The foregoing
J;!-i-
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,
City Attorney
.1 J~/vv,,~
-4-
97-34
That portion
in Book 7
described as
of Lot 6, Block 55,
of Maps, Page 2, in
follows:
Rancho San Bernardino, as per plat thereof
the Office of the County Recorder of said
recorded
County,
Beginning at the Southwest corner of said Lot 6; thence South 89. 35' 54" East,
distance of 324.8 feet to the Southwest corner of the East 480 feet of said Lot
thence North 00. 01' 25" East, a distance of 4.75 feet to a point lying 46.00
North of the centerline of pioneer Street, 82.50 feet wide, 41.25 feet on each
of centerline, as measured at right angles to said centerline; thence North 89.
54" West, a distance of 324.8 feet to a point in the West line of said Lot
thence South 00. 24' 06" West, a distance of 4.75 feet to the Point of Beginning.
contains 1,543 square feet, more or less
EXHIBIT "A"
a
6;
feet
side
35'
6;
97-34
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TRUE POINT OF BEGINNING
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Southwest corner
of the Eo t 480
feet of L t 6
FEE OWNERSHIP,
Glenn A. Kennedy
Mortha E. Kennedy
GRANT DEED PER.
Instrument No. 88-440951 O.R.
Recorded December 19, 1988
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INOICATES EASEMENT FOR
ROADWAY PURPOSES
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INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
SCALE: I' = 100'
EXHIBIT "B"
PREPA.REDBY,
PI,",I""
Ar<t11..c......
[1\(11.....1"9
proo,......C""..ruotton
-,
DMJM
Oonlel, Mann, JOhnSon & Mendenhall
275 West HospItality Lone, SuIte 314
San Bernardino. eallfornlo 92406
(909) 889-3466
97-34 . .
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE,
DIRECTOR
R C, E.
w
January l~. 199-
File ~o. 15.02-1259
Acquisition Map No. 29
Sent by Certified .\Iail
Receipt No. P-225-919-689
Return Receipt Requested
MR. ..\ND MRS. GLE~N A. KE.,')lEDY
650 BREA CA,'YON ROAD
W..\.L~1?r, C.\ 91-39
Dear MR. A\'D ~lRS. KE~~"EDY:
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 will be sought
through judicial process if an amicable agreement is not reached.
,~greement between an owner ancl the Ci to' may be delayed for a ,'ariety 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 naw 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
\layor and CC1mmon Council at the regular City Council ~Ieeting of February 3,
199-, and raise questions concerning the public interest, necessity. and lcca-
tion of the project as it affects your property. The subject of the amount of
compen,a! ion for your prcperty 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.
EXHmIT "e"
300 NORTH D" STREET, SAN BERNARDINO,
C A L IF 92418 0001 (8 a iI) 384 - 5 1 1 1 . 384 _ 51 12 ' FAX: 384.5155
January l~. 199~
Fi Ie :\0, 15.02-1259
Acquisition Map No. 29
KENNEDY
Page T',.o
!
97-34
If you desire to appear before the ~Iayor and Common Council and gi1re proper
notice of appearance. the February 3, 199~, regular City Council Meeting will
be held in Council Chambers at San Bernardino City Hall, 300 North "D" Street.
San Bernardino. CA 92~IS. 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) JS~-5J2S.
Sincerely,
ROGER G. HARDGRAVE,
~~
..\,~"iE DeBOLT
Real Property Specialist
Engineer
Attachments
cc:
Henry Empeno. Deputy City Attorney
97-34
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E.
DIRECTOR
SA'! BElt"-lARDINO CITY COUNCIL
NOTICE OF INTENT TO ADOPT RESOLL'TION OF NECESSITY
TO ACQLIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINa, DOMAIN
(Code of Civil Procedure, Section 1245.235)
TO: MR. "",'-fI) MRS. GLElvN A KENNEDY
650 BREA CANYON ROAD
WALNU, , CA 91789
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 726~.2 of the Government Code has been
made to the o~ner of record.
You are hereby notified that the \!ayor 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 ~Ieet-
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 Resolut ion wi II authorize the ,!ayor and Common Counci I 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 North "D" Street. San Bernardino, C\ 92418.
300 NORTH 0' STREET, SAN BERNARDINO,
CALIF 92418 0001 (gafil)3S4-5111.384-5112.FAX:384_5155
97'-34
:--;OTICE OF 1:I;'rE:-"'1' TO AOO!
Acquisition Map ~o. 29
January 14, 1997
Page T',\'o
U:SOLUTION OF NECESSITY
(
The written request must actually be on file within the 15-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 fee I are pert inent to your property. The three condi t ions 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 15-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 have any questions, please call Anne DeBolt at (909) 384-5328.
January 14, 1997
RCGER G. fl'R[XJR.'.,VE.
Directo, of Public horks/City EngineeT
'17':34
I
That port ion
in Book 7
described as
of Lot 6, Block 55, Rancho San Bernardino, as per plat thereof
of Maps, Page 2, in the Office of the County Recorder of said
follows:
recorded
County,
Beginning at the Southwest corner of said Lot 6; thence South 89. 35' 54" East,
distance of 324.8 feet to the Southwest corner of the East 480 feet of said Lot
thence North 00. 01' 25" East, a distance of 4.75 feet to a point lying 46.00
North of the centerline of Pioneer Street, 82.50 feet wide, 41.25 feet on each
of centerline, as measured at right angles to said centerline; thence North 89.
54" West, a distance of 324.8 feet to a point in the West line of said Lot
thence South 00. 24' 06" West, a distance of 4.75 feet to the Point of Beginning.
contains 1,543 square feet, more or less
EXHIBIT ".-\"
a
6;
feet
side
35'
6;