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HomeMy WebLinkAbout1997-035 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOUITION NO. 97-35 RESOLlIT'ION 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. (GREEN PROPERTY - #30 & 31) 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 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 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 27 28 01/27/97 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- 1 2 3 4 5 6 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. (GREEN PROPERTY - #30 & 31) 97-35 Hearing was mailed is set forth on Exhibi t "C", attached hereto and incorpo- rated herein by reference. The mailing address of the owner is as shown on the last equalized county assessment roll, as required by law. 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 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27/97 made to the owners of record. SECTION 5. The Mayor and Common Counci I of the Ci ty 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- 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 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. (GREEN PROPERTY - #30 & 31) 97-35 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -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 FINDING AND DETERMINING TIfAT 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. (GREEN PROPERTY - #30 & 31) 97-35 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 ~p~ RA CLARK, Ci ty Clerk The foregoing '-14 day resolution is hereby approved this of February , 1997. ~.~ \ '/~ WAA-f--d'\ TOM MINOR, Mayor ' City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney (\ )J By: \J1;~ ',? ~ U -4- 97-35 That portion of Lots 62 and 63 of Tract No. 2228, Valley Truck Farms No.4, plat thereof recorded in Book 31 of Maps, Page 95, in the Office of the Recorder of said County, described as follows: as per County Beginning at the Southwest corner of said Lot 63; thence South 89. 35' 54", a distance of 167.0 to the Southwest corner of the East 33 feet of Lot 62; thence North 00. 01' 25" East, a distance of 4.75 feet to a point lying 46.00 feet North of the centerline of Pioneer Street, as measured at right angles to said centerline; thence North 89. 35' 54" West, a distance of 167.0 feet, more or less, to a point in the West line of said Lot 63; thence South 00. 01' 25" West, a distance of 4.75 feet, to the Point of Beginning. contains 793 square feet, more or less EXHIBIT "A" ,~,/1 ,}~;~ '_~_._.,_. '~'i;'f; ~\l'; 97-35 Southwest corner of Lot 63 - -- -- -- - -{--- --- PIONEER fRA Noo '/ '/8 '" VALLF:( PAm 18 j\ 00 L} '" +- 0 NL 31 / 5 --' 0 ..... 63 0 Q) en 0) c 0 0 I I +- C\I C\I '" I'- I'- +- Ol '" ~ I I l '/ 0 w 0 0 N 0) 0) Q)", r: C\I C\I +-+- l/'l .....0 .... . . l/'l 0--' .,. z z .... ..... ~ . . .,. 010 C 0.. 0.. w -+- l/'l . . -Q) N <( <( l/'l +-Q) N "'..... 0 Q)", 0 ~", l/'l 0 0 z S89'35'54'E ~ 167.0' _ . - - - - - - - - - - - (- - - - - - - - - - STREET ~ . Southwest corne of the Eost 33 feet 0 Lot 62 TRUE POINT OF BEGINNING FEE OWNERSHIP' Oovld A. Green Essie L. Green GRANT DEED PER. Book 1604 Poge 78 O.R. Recorded May 4, 1943 . . I I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' . ! o i PREPARED BY. ",,",11'10 Aeon.,..."... 11'101",..11'10 "'OCO'OIIIC_trUlltt"" -. DMJM SCALE: I' = 100' EXHIBIT "B" Daniel, wonn, Johnson I MenoennOl1 215 West HosPlto'ltl Lone, SuIte 314 Son eernardlno, Cel fernlo 92408 (909) 889~3466 o .: 9~-35 CITY OF San Bernardino PUBLfC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E. DIRECTOR January 1~. 1997 ,\~ile No. 15.02-1259 ~ Acquisition Map No. 30 & 31 Sent by Certified Mail Receipt No. P-225-919-690 Return Receipt Requested MR. AND ~IRS. DAVID GREEN 5~0 EAST PIONEER STREET S,~, BE&~.\RDINO. CA 92~OS Dear ~. AND MRS. GREEN: 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 scught through judicial process if an amicable agreement is not reached. Agreement betwee" 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 ,otice of Intent gives you an opportunity to appear befare the ,Iayor and Common Council at the regular City Council ~Ieeting of February 3. ]99-. and raise questions concerning the public interest. necessity, and ioca- 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 th'lt Superior Coun proceeding the amount of condemnation is determined. EXHIBIT "e" 300 NORTH D' STREET, SAN BERNARDINO, CALIF 92418 0001 (iaa)384.5111'384.5112oFAX:384.515S January 1'+, 199- File ~o. 15.02-1259 Acquisition Map ~o. 30 & 31 GREEN Page T'h"O ( 97-35 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 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) 3S~-532S. Sincerely, ROOER G . HARDGRAVE, ~~y Engineer .-\~"iE DeBOLT Real Property Specialist Attachments cc: Henry Empeno. Deputy City Attorney 97-35 CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E. DIRECTOR SAN BER'liARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOUiTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MR. AI'lD MRS . DAVID GREEN 540 EAST PIONEER STREET SAN BER'liARDINO, 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: (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. Id) 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 \layor and Common Council at their meeting to be held on February 3, 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 ~ayor 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 ~otice 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. CA 92413. 300 NORTH 0' STREET, SAN BERNARDINO, CALIF 92418 0001 ('Oi)384-5111.384-5112.FAX:384_5155 ""OTlCE OF DiTENT TO ADC Acquisition Map ",,0. 30 & January 14, 1997 Page Two RESOLulION OF NECESSITY Jl ( 97-35 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 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 15-day period. The Mayor and Common Council must adopt a Resolution of ~ecessity 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 wi II determine the amount of compensation to which you are entitled. If you have any questions, please call .~ne DeBolt at (909) 384-5323. January 14. 1997 RCGER G, HARDGR.,WE. Director of Public Works/City Engineer 97-35 (- That portion of Lots 62 plat thereof recorded Recorder of said County, and 63 of Tract No. 2228, Valley Truck Farms in Book 31 of Maps, Page 95, in the Office described as follows: No.4, of the as per County Beginning at the Southwest corner of said Lot 63; thence South 89. 35' 54". a distance of 167.0 to the Southwest corner of the East 33 feet of Lot 62: thence North 00. 01' 25" East, a distance of 4.75 feet to a point lying 46.00 feet North of the centerline of Pioneer Street, as measured at right angles to said centerline; thence North 89. 35' 54" West, a distance of 167.0 feet, more or less, to a point in the West line of said Lot 63; thence South 00. 01' 25" West, a distance of 4.75 feet, to the Point of Beginning. contains 793 square feet, more or less EXHIBIT ",-\"