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Home My WebLink About1997-038 t. 01/27/97 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 RESOLUTION NO. 97-38 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 POOLI C 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. (ARELLANES PROPERTY - #51 & 52) 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 wi 11 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. SECTION 2. The Mayor and COmmon COunci I 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. SECTION 3. The owners of said property to whom Notice of said -1- t. 01/27/97 1 2 3 RESOLUfION '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. (ARELLANES PROPERTY - #51 & 52) 97-38 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 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 made to the owners of record. 16 SECTION 5. The Mayor and Common Council of the City of San 17 Bernardino do hereby declare that it is the intention of the City to acquire 18 this property in its name in accordance with the provisions of the laws of 19 the State of California with reference to condemnation procedures. 20 21 22 23 24 25 26 27 28 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- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27 /97 1 2 RESOLUfION '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. (ARELLANES PROPERTY - #51 & 52) 97-38 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -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 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. (ARELLANES PROPERTY - #51 & 52) 2 97-38 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by joint regular the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 3rd day of February , 1997, by the following vote, to wit: COUNCIL MEMBERS: NAYS ABSTAIN ABSENT AYES NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x ~~J RACHEL LARK, Clty Clerk The foregoing resolution is hereby approved this '1d day of February , 1997. ~~ TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, Ci ty Attorney "~-' "} ,~~. -4- 97-38 That portion of Lot 48 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: PARCEL ONE: Beginning at the Southwest corner of said Lot 48; thence East along the South line of said Lot 48, a distance of 150.0 feet to the Southeast corner of said Lot 48; thence North along the East line of said Lot 48, a distance of 32.29 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 060 09' 41", an arc distance of 150.1 feet to a point on the West line of said Lot 48; thence South along the West line of said Lot 48, a distance of 35.17 feet, to the Point of Beginning. contains 5,259 square feet, more or less PARCEL TWO: (SLOPE AND DRAINAGE EASEMENT) All that portion of said Lot 48 lying South of the following described line: Beginning at a point on the West line of said Lot 48, said point lying 58 feet North of the Southwest corner of said Lot 48; thence Easterly in a straight line to a point on the East line of said Lot 48, said point lying 58 feet North of the Southeast corner of said Lot 48, and the Point of Termination. contains 3,330 square feet, more or less EXHIBIT "A" JO' wide Gos Line \casement In favor of Southern California Gas Company per Easement Deed recorded June 31, 1948 In Book 2239 Page 86 O.R. 150.0' _ _ _ _ - - -7" 1 -S-89~35" 2~' E -+- - - _ _ Center I I ne of proposed _ _ _.. _~_~.- i- _ _ _ _ _ _:_ -t- _ ~ yyoronge Show Rood P IONE:ER A VENUE South~::t- ~ - ~ corner of - ~ Lot 48 97-38 C> Z Z Z C> W -[1) lJ.. o Southwest corner of Lot 48 . . . \ o I- Z. lfl o N !l.. W :J 0::: I- ~ FEE OWNERSHIP. Frank L. Arel lanes Pau line Y. Are I lanes GRANT DEED PER. Inst. No. 90-169764 O.R. Recorded May I, 1990 EXHIBIT "B" NORMAN 00 v + ex> m 0 0 0 -' I I ... N N 0 m m <l> c I I 0 0 + ex> ex> (/) N N <l> 3: . /18 z -r r . "- !l.. . lfl <( r<'> 3: 30' o o o Vl uJ 3:; , '- N:-J ~ : <( miD tr):<t ~:ct 0:- Vl: o:::J N.. vo r<'>.. , IX o Vl o < SCALE: I" = 100' ROAD T RJ-\ C- NO 2//8 VALL~Y TRU K F~RMS 00 v + o -' -) J -5 J 9<:: NL 8 ... .0 OJ C + '" o uJ ill CURVE AT A R . 13 6.00' b. = 6' 9'41' L = 15 , I' T = 75. I' Chord ears N. 88' 2 '29'W. 150.0' / , ",,0, "". ":> / / o ,,,,,<-; v ()' . ()c) :;i.-J'" / '-. '-. t l ~ ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES PERMANENT SLOPE AND DRAINAGE EASEMENT INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PR[PARE08V, "......1"9 .....""l..c'.... (1\01...."1"41 'rogrmllC""UrLOlllro -, DMJM Donlel, Monn. Jonnson' Mendonhal I 275 West HospitalIty lone. SuIte 314 Son Bernardino, Collfornlo 92408 (909) 889-)466 97-38 - I C I T Y o F San Bernardino PUBLIC WORKS/ENGINEERING ROGER G, HARDGRAVE, DIRECTOR R C, E, v January 15. 1997 File No. 15.02-1259 Acquisition Map ~o. 51 & 52 Sent by Certified Mail Receipt No. P 225-919-698 Return Receipt Requested Mr. Frank Arellanes 16364 Valley Boulevard Fontana, CA 92335 Dear ~Ir. Are II anes: 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 c_dvise you that acquisition of your property will be sought :hr-ough juctic:al process if an amicable agreement is not reached. Agreement becween an O\\''ler 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 ~layor and Ccmmon Council at the regular City Council ~Ieeting of February 3, 199-, and raise questions concerning the public interest, necessity, and loca- tion of the project ~s it affects your ?fOperty. The subject of the amount of compensat ien for your property is not an issue for the Mayor and Common Council and it ',viII 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 Ccurt proceeding the amount of condemnation is determined. EXhIBIT II(;~' 300 NORTH 0 STREET SAN BERNARDINO, CALIF 92418 0001 (OOO)3S4.S111.384-S112.FAX:384.S155 January 15. 199~ File :\0. 15.02-1259 Acquisition ~ap No. 51 & 52 ~r. Frank Arellanes Page Two 97-38 If you desire to appear befcre 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, ROGER G. H.~RAVE, Director of Public Works/City Engineer rlvVIU Mdt- .~\NE DeBOLT Real Property Special ist Attachments cc: Henry Empeno, Deputy City Attorney 97-38 CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G, HARDGRAVE, RC,E, DIRECTOR S.-\.\; BEFs'-'.RDI:\O CIIT COCNCIL :\OTICE OF DJTE:\T TO .-\OOPT RESOLL'TION OF :-';'ECESSIIT TO ACQL'IRE CERTAIN RE\L PROPERTY OR INTEREST IN REAL PROPERIT BY E'fINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: ~r. Frank Arellanes 16364 Valley Boulevard Fontana, CA 92335 .-\cquisition ~Iap Nos. 51 & 52 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. Icl The property sought to be acquired is necessary for the project. (ell 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 ,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 '1leet- 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 Resolut ion wi II authorize the ,Iayor and Common Council to acquire the property by emineI"t domain. .-\ description of the required property is attached to this Not ice and is marked Exhibi t "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" Str~e:, San Bernardino, CA 92418. 300 NORTH O. STREET, SAN BERNARDINO, CALIF 92418 0001 ,Q08)384.S111'384.S112.FAX:384_S155 NOTICE OF I:o.'TENT TO ADO, RESOLlJ'TION OF NECESSITY ( January 15, 1997 Acquisition Map No. 51 & 52 ~rr. Frank Are Ilanes Page Two 97-38 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 abcve (designate (a), ib), 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 observ~tions you may wish to submit, so long as such written observations are filed with the City Clerk within the 15-day period. The \rayor 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 Resoluticn 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) 38-\-5328. RCGER G. H. \..~,D'=:R -\ \"E 1 Dire'.:::.):" of Publ ~c ',\"ork5/Ci ty Enginee.:- " 97-38 That portion of Lot 48 of Tract ~o. ~~~8, Valley Truck Farms Xo. 4, as per plat thereof recorded in Book 31 of Maps, Page 95, in the Office of the County Reccrder of said County, described as follows: P..\RCEL O';E: Beginning at the Southwest corner of said Lot 48; thence East along the South line of said Lot 48, a distance of 150.0 feet to the Southeast corner of said Lot 48; thence North along the East line of said Lot 48, a distance of 3~.29 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 060 09' 41", an arc dist~nce of 150.1 feet to a point on the West line of said Lot 48; thence South along the West line of said Lot 48, a distance of 35.17 feet, to the Point of Beginning. contai~s 5,259 square feet. more O~ less PARCEL r.ID: (SLOPE A"D DR-\IN.-\GE E.-\SDl&VT) .-\11 that portion of said Lot 48 lying South of the following described line: Beginni:lg at a point on the West lille of said Lot 43, said poir:~ l:.-ing :3 fe:2: ;';orth 8f the South^est corner of said ~ot 48: thence Easterly in a straight line to a point en tr.e East 1 ir:c of said Lot -l-S. ~.-tid [x'lin: lying 53 feet :\c:rtr, 'Jf the Southeast ':urner C'f said Lot -l-S. af'.d the Pci;lt of Termination. contai~s 3.3JO square feet. more cr less EXHIBIT "An