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HomeMy WebLinkAbout1997-039 1 2 3 4 5 6 7 97-39 RESOLUTION NO. RESOLUTION OF TIIE CITY OF SAN BERNARDINO FINDING AND DETERMINING TIIAT TIIE PUBLIC INTEREST AND NECESSITY REQUIRE TIIE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT TIIERETO ALONG TIIE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO. (A T & T PROPERTY - #69) BE IT RESOLVED BY TIIE MAYOR AND COMMON COUNCIL OF TIIE 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 13 14 15 16 17 18 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 the project. 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 that 21 certain parcel of real property, more particularly described in Exhibit "A", 22 and depicted in relation to the proposed project by the map in Exhibi t "B", 23 attached and incorporated by reference, for street and highway purposes, a 24 25 26 27 28 01/27/97 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 Sections 1240.010 through 1240.050 of the California Code of civil Procedure.SECTION 3. The owners of said property to whom Notice of said Hearing was mailed is set -1- 12 13 14 15 16 17 18 19 20 1 2 3 RESOLlJI'ION OF TIIE CITY OF SAN BERNARDINO FINDING AND DETERMINING mAT TIIE PUBLIC INTEREST AND NECESSITY REQUIRES TIIE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT TIIERETO ALONG TIIE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (A T & T PROPERTY - #69) 97-39 forth on Exhibit "C", attached hereto and incorporated herein by reference. 4 The mailing address of the owner is as shown on the last equalized county 5 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 in fee of the property for public street purposes and all 10 appurtenant uses; (b) the proposed project is planned or located in the 11 manner that will be most compatible with the greatest public good and the least private injury; (c) the property and the taking of the interest in the property, as above described, is necessary for the proposed project; and (d) the offer required by Section 7267.2 of the Government Code has been made to the owners of record. SECTION 5. The Mayor and Common Council 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". 01/27/97 23 24 25 26 27 28 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 this property. The City Attorney's Office is also authorized and directed to make a deposit with the court of the sum deter- mined to be just compensation for said property and to request and obtain a -2- 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 2 RESOLUTION OF TIfE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT TIfE PUBLIC INTEREST AND NECESSITY REQUIRES TIfE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT TIfERETO ALONG TIfE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (A T & T PROPERTY - #69) 97-39 3 necessary court order granting the City the right of immediate possession 4 and occupancy of the property. The City Attorney's Office is also author- 5 ized to take any action necessary or appropriate to acquire any temporary 6 right of access to the property which may be necessary for construction 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 mAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (A T & T PROPERTY - #69) 97-39 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 X ANDERSON X MILLER RA~ty~ The foregoing resolution is hereby approved this LjI1. day of February , 1997. ~7ff~ 'TOM MINOR, ayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, ci ty Attorney ;71 By: - ,~?-/-~ -4- 97-39 All that portion of Parcel No.2, Tract No. 2038, as per plat thereof recorded in Book 29 of Maps, Pages 51 and 52, in the Office of the County Recorder of said County, described as follows; Commencing at the centerline intersection of Tippecanoe Avenue and San Bernardino Avenue as shown on said Tract No. 2038; thence North 000 01' 30" East along said center line of Tippecanoe Avenue, a distance of 31. 30 feet; thence North 890 58' 30" West, a distance of 40.00 feet to a point on the Westerly line of said Tippecanoe Avenue, said point being the True Point of Beginning; thence North 890 58' 30" West, a distance of 60.00 feet; thence North 000 01' 30" East, a distance of 25.00 feet; thence North 790 11' 45" East, a distance of 61.09 feet, more or less, to a point on the Westerly line of said Tippecanoe Avenue; thence South 000 01' 30" West along said Westerly line of Tippecanoe Avenue, a distance of 35.48 feet to the True Point of Beginning. EXCEPTING THEREFROM, any rights to all underground waters, naturally being or lying beneath the surface of said land as per deeds recorded in the Official Records. contains 1,800 square feet, more or less EXHIBIT "A" 97-39 ,q--- _. .. .....-. ...-. / / / / / 50.94' N19'OG''31'\:. w , :;: 0 A.P.N. ~ ~ 280-251-48 1:> N o Z TRUE PO I NT OF BEGINNING Na9' 52' 10'W 50.00' SCALE- I' = 20' --I I , I I I , I , 1 , 1 wi . , ~I fo-' bl 0' z' 10' 40' W ::J Z W > <( . f0- Il> w o z <( u w a.. a.. ~ 1 , I Na9'52' 10'W I nn r 50.00' i I ' I 01 ~, 1 ;;;1 10' 1 I I I . ..,. I"l I- 40' SAN I 1 BERNARD I NO 1--------- , AVENUE I FEE OWNERSHIP A. T.&T. Communications GRANT 'DEED PER Inst. No. 84-0116670.R. Recorded January 17, 1984 I ~ INDICATES PARCEL PER , DESCRIPTION PAEPAREOllY. PI<rnU'9 .rc"IUg....... (nvl...rl"ll P""T<JI'lIC""".....,'I"" .~, DNLJJI EXHIBIT "B" Oonlel. Uonn, Johnson &- Mendenhall 275 West Hospltollty Lone, Suite ]14 Son Bernard I no. Co II forn I 0 92406 () l\ l'l(,r, 97-39 4 C I T Y o F San Bernardino PUBLIC WORKS/ENGINEERING ROGER G, HARDGRAVE, R,C,E, DIRECTOR (/ y January 1~, 199- File ~o. 15.02-1259 Acquisition Map No. 69 Sent by Certified ~ail Receipt No. P-225-919-695 Return Receipt Requested A T & T CORPOR~TI0N 4430 ~,LLOW RQ\D, ROOM 12- PLEASA~lON, CA 94533-3519 ATTh: '.rs. C.\ROLE WHITCOMB Dear '.rs. I'HlTCOMB: The lax provides the prccedure 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 tc the appropriate commission for adoption. The purpose of the attac~ed Xotice of I;-::ent is to advise you that acquisition of your property 'Nill t'e sought througtl jttdicia: process if an ~micable agreement is not reached. :-\.gr-.:e:ner:t be~',l,'een an owner and the City may be delayed for a variety of good reasons; however. in order to maiGtain a schedule for construction of this project. certain procedural steps must be taken. One such step is to advise an owner cf our intent to acquire property through court proceedings, The project ~hich requires your property is now scheduled for construction in the near future. A legal description of the required property is also attached. The attq~'hed ~<olice of Intent gi\-es you an opportunity to appear before the :Vlayor and Common rouncil at the regular City Council ~feeting of February 3. ~CJq-. :"'.nd rco:ise questi:ms concernin.g the public interest, necessity, and loca- tion of the project as it affects your property. The subject of the amount of compen<,tt:un for your proper~y is not an issue for the ~ayor and Common Council and it ",'ill 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 S'cper ior Court proceeding the amount of condemnat ion is determined. EXHIBIT "e" 300 NORTH D' STREET SAN BERNARDINO. CALIF 92418 0001 (OOO)384-S111'384-S112.FAX:384.S155 " 97-39 }ar::..:.a.:-:- l-L lS9- ::=-il~ \"0. 15.0~-1259 Acqu i sit ion _'lap :0;0. 69 .-\ T & T Page 1".\"0 f 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 general- ly beginning at 10:00 a.m., or as close to that time as possible. If .yeiJ have any ques t il-~ns r-egard i ng the procedure ~ you can reach me by t..:.. I ""_ phone at (909) 384-5328. Sincerely, ROGER G. HARDGRAVE, o:e;;;:~gineer .>,,';:--c DeBOLT Real Property Specialist Attachments :;c: Henry Empeno, Deputy City Attorney 97-39 (' CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G_ HARDGRAVE, R,C,E_ DIRECTOR SA~ BE&~ARDI~O CITY COUNCIL NOTICE OF I:--',ENT TO ADOPT RESOLUTION OF NECESSITI' TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: A T & T 4430 WILLOW RQ~, ROOM 127 PLEASA~,ON, CA 94538-3519 ATTN: ~lS. CAROLE wHITCOMB California Code of Civil Procedure, Section 1240.030, provides that the of eminent domain may be exercised to acquire property for a proposed if the following conditions are established: power project (ai 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 gre"ltest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (eI) The offer required by Section '726-.2 of the Government Code has been made to the owner of record. You are hereby notified that the ~Iayor and Common Council at their meetir.g 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 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 Mayor and Common Council to acquire the property by eminent domain. .~ description of the required property is attached to this Not ice and is marked Exhibi t "X'. 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, Sari Bernardino, C1\ 92+18. 300 NORTH '0' STREET SAN BERNARDINO, CALIF. 92418 0001 (1I01l)384.S111.384-S112.FAX:3S.t.5155 ';OTICE OF I\1'E", TO AD' ,Acquisition '.Iap ';0.69 January 1,t, 199- Page Ti;O RESOLl"TIO" OF ~,'ECESSIn 97-39 The .ritten request must actually 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 abO\'e (designate (a), (b), and (c)). By designating which condition forms the basis of your concerns. and why. you will enable the "'ayor and Common Counci I to have a full and expedi t iaus 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 IS-day period. The ',fayor 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 wi ii determine the amount of compensation to which you are entitled. If you have any questions, please call .-\TIne DeBolt at (909) 384-5328. January 14. 199- "CGER G. H.ARDJRA'.'E. Direct:'~ of Publ ic '.rorks/Ci t.:.. Engi:1eer f 97-39 All that portion of Parcel ~o. 2, Tract No. 2038, as per plat thereof recorded in Book 29 of Maps. Pages 51 and 52, in the Office of the County Recorder of said County, described as follows; Commencing at the centerline intersection of Tippecanoe Avenue and San Bernardino Avenue as shown on said Tract No. 2038; thence 'lorth 00. 01' 30" East along said centerline of Tippecanoe Avenue, a distance of 31.30 feet; thence North 890 58' 30" West, a distance of 40.00 feet to a point on the Westerly line of said Tippecanoe Avenue, said point being the True Point of Beginning: thence North 890 58' 30" West, a distance of 60.00 feet; thence North 000 01' 30" East, a distance of 25.00 feet; thence North 79. 11' 45" East, a distance of 61.09 feet, more or less, to a point on the Westerly I ine of said Tippecanoe Avenue; thence South 000 01' 30" West along said Westerly line of Tippecanoe Avenue, a distance of 35.48 feet to the True Point of Beginning. EXCEPTI;o,'G THEREFROM, any rights to all underground waters, naturally being or lying beneath the surface of said land as per deeds recorded in the Official Records. contains 1,800 square feet, more or less L\HIBIT ",-\"