HomeMy WebLinkAbout1997-036
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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 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.
(ROHR PROPERTY - #48 & 50)
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 a. Whether the public interest and necessity require the project;
13 b. Whether the project is planned or located in the manner that
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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 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
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01/27/97
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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'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. (ROHR PROPERTY - #48 & 50)
97-36
Hearing was mailed is set forth on Exhibit "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 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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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
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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. (ROHR PROPERTY - #48 & 50)
97-36
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.
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 'I'HE 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. (ROHR PROPERTY - #48 & 50)
97-36
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
meet ing 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
t;4.
day
resolution is hereby approved this
of
February
, 1997.
-;~
/TOM MINOR, ayor '
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
Ci ty Attorney
By: Sk~ l' ,f-v~
U
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Those portions of Lots 49 and 51 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
PARCEL ONE:
Beginning at the Southwest corner of said Lot 51; thence East along the South line of
said Lot 51, a distance of 100.0 feet, to the Southeast corner of said Lot 51; thence
North along the East line of said Lot 51, a distance of 15.90 feet to a point on a
tangent curve, concave to the North and having a radius of 1954.00 feet; thence
Westerly along said curve through a central angle of 020 56' 27", an arc distance of
100.3 feet, to a point on the West line of said Lot 51; thence South along said West
line, a distance of 7.79 feet, to the Point of Beginning.
contains 1,149 square feet, more or less
PARCEL TWO:
Beginning at the Southwest corner of said Lot 49; thence East along the South line of
said Lot 49, a distance of 100.0 feet, to the Southeast corner of said Lot 49; thence
North along the East line of said Lot 49, a distance of 35.17 feet to a point on a
tangent curve, concave to the South and having a radius of 1396.00 feet; thence
Westerly along said curve through a central angle of 040 06' 49", an arc distance of
100.2 feet, to a point on the West line of said Lot 49; thence South along said West
line, a distance of 28.11 feet, to the Point of Beginning.
contains 3,217 square feet, more or less
PARCEL THREE: (SLOPE AND DRAINAGE EASEMENT)
That portion of Lot 49 lying South of the following described line:
Commencing at the Southwest corner of said Lot 49; thence North along the West line
of said Lot 49, a distance of 36 feet, to the True Point of Beginning; thence North-
easterly, in a straight line to a point on the East line of said Lot 49, said point
lying 50.0 feet North of the South line of said Lot 49, as measured at right angles
to said South line and the Point of Termination.
contains 1083 square feet, more or less
EXHIBIT "A"
97-36
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[Z] CURVE DATA
R = 1396.00'
t; = 4'06'49'
L = 100.2'
T = 50. I'
Chord beors
S. 86' 22' 15'W.
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FEE OWNERSHIP.
Mo,tin H. Roh,
Elaine F. Roh,
GRANT DEEO PER.
Inst. No. 89-161003 O.R.
Reca,ded May 5. 1989
and
Inst. No. 89-174279 O.R.
Reca,dad May 16. 1989
EXHIBIT "B"
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A. P. N.
280-192-10
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S89'35'24'E
PARCEL NO, I_\- - - -
Sout~es.!.... c_o0)er --of, i=t- 51 ~ ';"\ ~ARCEL
\- - - Southwest corner of Lot 49 ~\:;i
PIONEER STREET ~\~
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Center I Ine of proposed 0:
Oronge Show Road lIl'
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[] CURVE DATA
R 1954.00'
t; = 2'56'27'
L = 100. 3'
T = 50.2'
Chord beors "
S.85'46' 15'W. -,
100.3'
A. P. N.
280-192-12
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100.0'
S89'35'24'E
TRUE POINT OF
BEGINNING FOR
PARCEL NO. I
SCALE: I' = 50'
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iNDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES PERMANENT SLOPE
ANO DRAINAGE EASEMENT
INOICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
PAEPARE08T'
PIO'n'n<;I
,,""1"01"'.
€noln..,11>Q
ProorURIt....Urwllon
.-.
DMJM
Oonlel, Mann. John~On' Mendenholl
215 West HospItality Lane, Sulle J14
San BernardIno. California 92408
(909) 889-J4fill
____J
97-36
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C I T Y
o F
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R C.E.
DIRECTOR
[/
January 1+, 1997
File No. 15.02-1259
Acquisition Map No. 48 & 50
Sent by Certified ,Iail
Receipt No. P-225-919-691
Return Receipt Requested
,IR. AND MRS. MARTIN ROHR
3336 BIG QALTON AVE~~~
BALDWIN PARK. CA 91706
Dear MR. A\:D ,IRS. ROHR:
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 addse you that acquisition of your property will be sought
through judicial process if an amicable agreement is not reached.
Agreement bet~een 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
O~TIer 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 at tached Not ice of Intent gi \-es .you an upportuni ty to appear before the
\Iayor and '=ommon Council at the regular City Council >Ieeting of February 3.
~q9-, and raise questions cOflcernin.g the public interest, necessity, and loca-
t'on of the project as it affects your property. The subject of the amount of
cnmpensdt i:)n for your property is not an issue for the )layor and Common Counci 1
anel it 'Nill not be considered by them. If the Resolution is adopted, the City
hds the authority to file an eminent domain action in the Superior Caurt. In
that Superior Court proceeding the amount of condemnation is determined.
EXHIBIT "e"
300 NORTH 0' STREET SAN BERNARDINO
CALIF. 92418 0001 (gOgI3a4.5111.384-S112.FAX:384_5155
97-36
Janua:y 1~. 199-
File So. 15.02-1259
Acquisition Map So. 43 & 50
ROHR
Page ~NO
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 "0" Street,
San Bernardino. CA 92413, beginning at 9:00 a.m., with Public Hearings gene"al-
Iy beginning at 10:00 a.m., or as close to that time as possible.
If yo~ have any questions regarding the procedure, yeu can reach me by :~le-
phone at (909) 334-5323.
Sincerely,
ROGER G. IHRDGRA VE ,
Director of Public Works/City Engineer
.~~
Real Property Specialist
Attachments
cc:
Henry Empeiio. Deputy City ,-\ttorney
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CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E.
DIRECTOR
SA'i BER\jARDINO CITY COl'NCIL
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITI'
TO ACQUIRE CERTAIN REAL PROPERTI'
OR INTEREST IN REAL PROPERTY BY EMINE;<;, DO~l'\IN
(Code of Civil Procedure, Section 1245.235)
TO: MR. AND MRS. MARTIN ROHR
3336 BIG DALTON AVENUE
BALDWIN PARK, CA 91706
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.
(c) 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 ~Iayor and Common Counci I 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 ~leet-
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 ,.Iayor and Common Council to acquire
the property by eminent domaln, ,-\ description of the required property is
at tached to th ls \ot ice and is marked Exhibi t "A".
If you file a Nritten 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 "D" Street. San Bernardino. CA 92413.
300 NORTH 0' STREET, SAN BERNARDINO,
CALIF 92418 0001 (iOV)384.5111'384.5112.FAX:384_S155
NOTICE OF INTENT TO AIX'
Acquisition Map No. +8 ~
January 1+. 1997
Page TV.iO
RESOLUtION OF NECESSITY
50
f
,
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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 (al, (b), and (c)). By
designating which condition forms the basis of your concerns, and why, you will
enab Ie the Mayor and Common Counci I to have 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 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 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 .~~ne DeBolt at (909) 38+-5328.
January 1+, 199~
RCXJER G, HA.RDGR\ \"E ,
Directc, of Public ~orks/City Engineer
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Those port ions of Lot s .19 and 51 of Tract "-10. """3, Va 11 eO' Truck Farms "-10. ,l,
plat th~reof recorded in Book 31 of Maps. Page 95, in the Office of the
Recorder of said County, described as follows:
as per
County
PARCEL O,,'E:
Beginning at the South~est corner of said Lot 51; thence East along the South line of
said Lot 51. a distance of 100.0 feet. to the Southeast corner of said Lot 51: thence
"-Iorth along the East line of said Lot 51. a distance of 15.90 feet to a point on a
tangent curve, concave to the "-Iorth and having a radius of 1954.00 feet: thence
Westerly along said curve through a central angle of 020 56' "7". an arc distance of
100.3 feet, to a point on the West line of said Lot 51; thence South along said West
line, a distance of 7.79 feet, to the Point of Beginning.
contains 1.149 square feet. more or less
P,\RCEL T,VO:
Beginning at the South~est corner of said Lot 49; thence East along the South line of
said Lot 49, a distance of 100.0 feet, to the Southeast corner of said Lot 49: thence
"-iorth along the East line of said Lot 49, a distance of 35.17 feet to a point on a
tangent curve. concave to the South and having a radius of 1396.00 feet: thence
Westerly along said curve through a central angle of 04006' 49". an arc dista~ce of
100." feet. to a point on the West line of said Lot 49; thence South along said West
line. a distance of "S.ll feet, to the Point of Beginning.
conta.ins 3.~1'" sqW.lre feet. more or less
PARCEL THREE: (SLOPE ~,D DR~I~~~GE EASE"lli"-lT)
That portion of Lot 49 lying South of the following described line:
Commencing at the Southwest corner of said Lot 49: thence North alang the West line
of said Lot 49, a distance of 36 feet, to the True Point of Beginning: thenc~ "-iorth-
eastel1y. in a straight line to a point on th<::: East line ,,-~,f sdid Lot '+9. said peint
I~'ing 50.0 feet \orth of the South line of said Lot ~9. J~ measured at right ~ngles
:0 said South line and the Point of Termina:ion,
contains IDSJ square feet. more or less
EXHIBIT
'1,"
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