HomeMy WebLinkAbout1997-361
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97:-36l
RESOLUTION NO:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING FAIR MARKET VALUE AND SALES PRICE OF
$1,500 AND DECLARING THE INTENTION TO SELL THAT CERTAIN REAL
4 PROPERTY LOCATED ON THE WEST SIDE OF WALKINSHAW STREET, NORTH
OF VALLEY STREET TO THE STATE OF CALIFORNIA, SETTING A PUBLIC
5 HEARING TO CONSIDER SAID SALE AND AUTHORIZING THE EXECUTION OF A
6 TEMPORARY RIGHT OF ENTRY.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, AS FOLLOWS:
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9 SECTION 1. The public interest and convenience require the sale of public property
10 generally located on the West side of Walkinshaw Street, North of Valley Street in the City of
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San Bernardino to the State of California for the purpose of widening the 1-215 Freeway, which
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would be of significant benefit to the public.
SECTION 2. It is therefor the intention of the Mayor and Common Council to sell said
15 property to the State of California.
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17 the Fair Market Value of the property and sales price is $1,500.00.
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SECTION 3. That the Mayor and Common Council do hereby find and determine that
SECTION 4. The Mayor and Common Council do hereby set a public hearing to be held
on Monday, January 12, 1998, at 10:00 a.m. or as soon thereafter as the matter can be heard, in
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21 the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, relative to the
22 proposed sale.
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SECTION 5. Notice of the hearing shall be published in The Sun, a newspaper of
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places on the property for at least ten (10) days prior to the hearing.
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general circulation, at least once prior to the hearing and shall be posted in at least 3 conspicuous
27 SECTION 6. Written and oral protests to such sale may be submitted and shall be
28 received at or prior to the public hearing.
Rev. 12/04/97
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97-361
RESOLUTION DETERMINING FAIR MARKET VALUE AND SEITING PUBLIC HEARING TO CONSIDER
SALE OF CERTAIN REAL PROPERTY LOCATED WEST OF WALKINSHAW STREET, NORTH OF
V ALLEY STREET, AND AUTHORIZING EXECUTION OF RIGHT OF ENTRY.
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SECTION 7. It is the intent of the Mayor and Common Council to consider and approve
2 said sale at the public hearing.
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SECTION 8. The legal description of the subject property is shown on Exhibit "A",
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attached hereto and incorporated herein.
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6 SECTION 9. That the Mayor of said City is hereby authorized and directed to execute on
7 behalf of said City, a Right of Entry to the State of California, a copy of which is attached as
8 Exhibit "B", attached hereto and incorporated herein.
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III
I 1/20/97
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RESOLOTION DETERMINING FAIR MARKET VALUE AND SETTING PUBLIC HEARING TO CONSIDER
SALE OF CERTAIN REAL PROPERTY LOCATED WEST OF WALKINSHAW STREET, NORTH OF
V ALLEY STREET, AND AUTHORIZING EXECUTION OF RIGHT OF ENTRY.
97-361
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a joint regular
meeting thereof
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held on the l5th
day of
December
, 19~, by the following vote, to
wit:
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6
7
8
9
10
11
12
Council Members: A YES
NA YES
ABSTAIN ABSENT
NEGRETE
x
CURLIN
x
ARIAS
x
OBERHELMAN
x
DEVLIN
x
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19 The foregoing resolution is hereby approved this
ANDERSON
x
MILLER
x
'"
(Ac~c-jv-i ~ALi'c)V
City Clerk
/14. dayof December ,19~.
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Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
~. ()t~Ut,U~
TOM MINOR, Mayor
City of San Bernardino
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()
I~
11120/97
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97-361
EXHIBIT "Au
A PORTION OF LOTS 7 TO 10, INCLUSIVE, AND LOTS 23 JO 28,
INCLUSIVE, OF WALKINGS HAW SUBDIVISION, AS PER MAP RECORDED
IN BOOK 24, PAGE 40 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, SAID PORTION DESCRIBED IN
INSTRUMENT #92-055208 RECORDED FEBRUARY 14' 1992, RECORDS OF
SAID COUNTY.
08-SBd-215-6.6-15968 (15968-1)
This rcal property description has been prepared by me, or WIder my direction, in confonnancc with the Professional
Land Surveyors Act
EXHIBIT "A"
Signablre -r~.;.fl2~
Dale
3/Z7/ '17
,
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9i'-361
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RIGHT OF ENTRY - LONG FORM
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Date: November 20, 1997
08-SBd-215-6.6
Parcel No. 15968
E.A. 007119
Mr. S. Lisiewicz
District Director of Transportation
State of California
Department of Transportation
District 8
464 West 4th Street, 12th Floor
San Bernardino, CA 92401-1400
Dear Mr. Lisiewicz:
Permission is hereby granted to enter upon our land, located west of Walkinshaw Street in
the City of San Bernardino, APN 0136-081-14, for the purpose of constructing or improving a
public highway and accomplishing all necessary incidents thereto.
It is understood that this permission is not a waiver in any way of the right of
compensation for such land or of any remedy authorized by law to secure payment therefor.
This permission is granted in consideration of the location, improvement and construction
of such highway and incidents thereto, which it is understood is required by the State of
California, Department of Transportation, with the understanding that you will hereafter
without unnecessary delay, negotiate with the undersigned, and any other person, if any,
having any right, title or interest in said property, to agree upon teffilS of compensation and
that, if any agreement cannot be reached you will promptly commence eminent domain
proceedings, including a deposit of funds to support an Order for Possession, to have such a
compensation determined.
, .
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97-361
"1Jr.--
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Mr. S. Lisiewicz
District Director of Transportation
State of California
Department of Transportation
November 20, 1997
Page 2
Section 1245.235 of the Code of Civil Procedure requires the State of California,
Department of Transportation, to give each person whose property is to be acquired by
eminent domain notice and a reasonable opportunity to appear before the California
Transportation Commission and be heard on the matters referred to in Section 1240.030 of the
Code of Civil Procedure, which provides:
The power of eminent domain may be exercised to acquire property for a proposed project
only if all of the following are established:
(1) The public interest and necessity require the project.
(2) The project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury.
(3) The property sought to be acquired is necessary for the project.
(4) The offer required by Section 7267.2 of the Government Code has been made to the
owner or others of record. (If an offer bas not been made an appraisal will be
prepared as soon as practical and an offer made of the full amount of such appraisal.)
By granting this Right of Entry to the State of California, Department of Transportation,
we hereby waive our right to appear and be heard on the matters referred to in
Section 1240.030 of the Code of Civil Procedure, as quoted above.
97-361
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Mr. S. Lisiewicz
District Director of Transportation
State of California
Department of Transportation
November 20, 1997
Page 3
We agree that the State can establish the truth of the above-quoted matters, and we will
not contest the adoption of a Resolution of Necessity by the California Transportation
Commission. Therefore, because Section 1245.250 of the Code of Civil Procedure states that
the adoption of a Resolution of Necessity by the California Transportation Commission
conclusively establishes the matters quoted above, it is understood that the issues which will be
determined in any subsequent eminent domain proceeding will be limited to those of just
compensation as they relate to the property covered by this agreement and no issues will be
raised therein or in preliminary proceedings thereto challenging the public use or necessity of
the project, or the utilization therefor of the property covered by this right of entry.
Approved as to form and legal content:
CITY OF SAN BERNARDINO
JAMES F. PENMAN
City Attorney
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By~ !~I ~~
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RECOMMENDED FOR APPROVAL:
ACCEPTED:
By /~~~i'Ro~~~n
Right of Way Agent
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY~~
BARBARA BAERNSTEIN, Chief
Acquisition Branch
B
LINDA L. FO
Right of Way Manger,
Southern Region
1- 7-98
Date