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HomeMy WebLinkAbout1997-037 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 97-37 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. (CAREY PROPERTY - #49) 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 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 relat ion 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 City Charter; Section 37350.5 of the California Government Code; and Sec- 27 tions 1240.010 through 1240.050 of the California Code of civil Procedure. 28 01/27/97 SECTION 3. The owners of said property to whom Notice of said -1- .. 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. (CAREY PROPERTY - #49) 1 2 3 97-37 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 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 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- . . 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. (CAREY PROPERTY - #49) 1 2 3 97-37 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 9 Resolution. 10 / / 11 / / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27/97 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -3- I 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. (CAREY PROPERTY - #49) 97-37 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 following vote, to wit: COUNCIL MEMBERS: NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER February , 1997, by the AYES NAYS x x x x x x x ABSTAIN ABSENT .~~ RAC CLARK, City Clerk .1/1'-, day of The foregoing February resolution is hereby approved this Approved as to form and legal content: JAMES F. PENMAN, Ci ty At torney By: (L,~~ l' 6?e-v'~_ U , 1997. ~~~~ TOM MINOR, Mayor City of San Bernardino -4- 97-37 That portion of Lot 50 of Tract No. 2228, Valley Truck Farms No.4, as per plat thereof recorded in Book 31 of Maps, Page 95, in the office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of said Lot 50; thence South 890 35' 24" East (recorded as South 890 39i' East), a distance of 100.0 feet, to the Southeast corner of said Lot 50; thence North 000 01' 25" East, a distance of 28.11 feet to a point on a 1396.00 foot radius curve, concave to the South; thence Westerly along said curve through a central angle of 010 43' 47", an arc distance of 42.1 feet; thence continu- ing Westerly along a curve having a radius of 1954.00 feet, concave to the North, through a central angle of 010 42' 57", an arc distance of 58.5 feet to a point in the West line of said Lot 50; thence South 000 01' 25" West, a distance of 15.90 feet, to the Point of Beginning. contains 2,192 square feet, more or less EXHIBIT "A" S<., 97-37 ...... TR I~CT NO 0 ~ 2/''/8 VALLEY fRUCJ< fARMS NO" L} 100. " S89'35'24'E (3L \ \ Southwest corner of Lot 50 _ _ _ ---~- - -.::.\ - - - - - - - . ~,..... . ~,..... __--- t,O'.J 0"'1'-1 -- - - 1O; <1 0:<1 PIONEER i~ ;~ TRUE PO I NT OF BEG I NN I NG~ ~\~ ~( JVL80 3 ] 0 If) +- I 3=~ 0 --' N , '- 0l:.J .... en tll:<1 0 . ,- I -:0 ~ CO CURVE DATA ""<1 c 0 . ~ 0:: CO R = 1954.00' If)'_ 0: C\I 6 = 1'42'57" Z', 58,5' , +- L = , '" , <D . T = 29.3' , Z , 3: Chord beors , . S. 83" 26' 33' W. , a.. 58.5' , . , <( <J) , N : L\ SOO'OI'25'W 0 If) J 9C +- a --' .... 0 <D C +- I2JCURVE DATA ~ R = 1396.00' w 6= 1'43'47' L = 42. I' T = 21. I' Chord beors S, 83" 26' 58' W. 42. I' <X> '" 2 t NOO' 0 I' 25' E 28. II' ---- ------ Southeost co,ner of Lot 50 STREET Center I Ine of proposed Oronge Show Rood FEE OWNERSHIP' lone Carey. as T,ustee of that ce,taln Revocable Declorotlon of Trust. known os the lone Corey Revocoble Trust WI I 110m S. Corey Mlchoel R. Corey GRANT DEED PER. Inst. No. 91-484272 O.R. Recorded Decembe, 23. 1991 ond Book 9212 poge 101 O.R. Reco,ded July 5. 1977 I I INOICATES EASEMENT FOR . ROAOWAY PURPOSES ~ SCALE: I' = 50' EJ:HIEIIT "B" INDICATES AREA OF 'PERMIT TO ENTER ANO CONSTRUCT' PREP,\RED BY' ".....11>0 Ardll'OC".... ["II,...ortng 'roor""",Con.lnlll'lon -' DMJM Oon 1 e I, Mann. Johnson" IJendenha I I ~~ ::~~g~~~Ct~rTf~~~~a S~~~68]14 (909) 889-3466 '\. ....----- " 97-37 i , h CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C,E. DIRECTOR bY, January 1~. 199" ,i" . . '=\ ',.,,, Flle ~o. L .0_-L~9 \I Acquisition Map No. 49 Sent by Cert ified '.lai I Receipt No. P-225-919-692 Return Receipt Requested MRS. IONE CAREY, WILLIA\I 3957 OXFORD LA\~ SA~ BER~.~INO, CA 92~OS S. CAREY & MICK~L R. C.~Y Dear MRS. CAREY AVO MESSRS. C,\FEY: 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 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 m\11er 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 \Iayar and Common Council at the regular City Council '.Ieeting of February J. 199", and raise 4uestions concerning the public interest, necessity, and loca- t ion of the project as it affects your property. The subject of the amount of compensat ion for your property is not an issue for the ,Iayor and Common Counci 1 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. DllIBIT "e" 300 NORTH 'D' STREET, SAN BERNARDINO, CALIF. 92418 0001 (iOi)384.5111.384-5112,FAX:384_51S5 97---37 January I~. 190- ?i Ie ~o. 15.02-1259 Acquisition ~Iap No. 49 C,-\REY Page T;,o ( 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 he ld in Counci I Chambers at San Bernardino Ci ty Hal I, 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 you have any questions regarding the procedure. you can reach me by tele- phone at (909) 384-5328. Sincerely, ReGER G. Ii".ROORA liE , ~~Engineer :'.'iNE DeBOLT Real Property Specialist Attachments cc: Henry Empeno, Deputy City Attorney 97-37 CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C,E, DIRECTOR S.-\N BER'iARDINO CIH COl:NCIL NOTICE OF I\'TENT TO ADOPT RESOLUTION OF \1:CESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR I\'TEREST IN REAL PROPERTY BY EMINE\l DO~l~IN (Code of civil Procedure, Section 12~5.235) TO: MRS. lONE CAREY, WILLIAM S. CAREY, & ~lICHAEL R. CAREY 3957 OXFORD Lh\1: S.~'i BER~~INO, CA 92~OS California Code of Civil Procedure. Section 12~O,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',mer of reco!'cl, You are hereby notifiec: that the ~layor and Common Council a: 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 ~mount 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 ,Ii 11 authorize the \layor and Common Council to acquire the property by eminen: domain. A description of the required propert}' is attached to this Notice and is marked Exhibit "X'. If you file a written request to appear (within 15 days from the mailing of this Not ice) you are ent it led to appear and object to the adopt ion of the Resolution. Objections are limited as set forth below. All requests to appear ~ust be sent for filing to the City Clerk. City of San Bernardino. JOC Xorth "i'" Street. San Bernardino, CA 92413. 300 NORTH 0' STREET, SAN BERNARDINO, CALIF 92418 0001 {g08}3.4-5111,384-S112,FAX:384.S15S 97-37 ~:OTICE Of I:--'TEXT Te ,\DOh RESOLL'TIC;; Of :--'ECESSITY ."cqu i sit ion ~Iap ;;0. ~9 January I~, I99~ Page Two ( The written request must actuaily 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. Ib), and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the ~ayor and Common Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the ~ayor 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 11 determine the amount of compensation to which you are entitled. If you have any questions. please call .~e DeBolt at (909) 38~-S328. January 14. 199' RO:;ER G, f-L-\RJ:'GRX\'E. Direct,)r of Pub 1 ic Works/Ci ty Engineer . 97-37 That portion of Lot 50 of Tract No. 2228, Valley Truck Farms No.4. as per plat thereof recorded in Book 31 of Maps, Page 95. in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of said Lot 50; thence South 89. 35' 2+" East (recorded as South 89. 391' East), a distance of 100.0 feet, to the Southeast corner of said Lot 50; thence North 00.01' 25" East, a distance of 28.11 feet to a point on a 1396.00 foot radius curve, concave to the South; thence Westerly along said curve through a central angle of 01. 43' 47", an arc distance of 42.1 feet; thence continu- ing Westerly along a curve having a radius of 1954.00 feet, concave to the North, through a central angle of 01. 42' 57", an arc distance of 58.5 feet to a point in the West line of said Lot 50; thence South 00.01' 25" West, a distance of 15.90 feet, to the Point of Beginning. contains 2,192 square feet, more or less E:-''HlBlT ".","