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Home My WebLink About1996-354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. 96-354 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE. That on November 18, 1996, 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 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- 20 nardino, as a result of the above Hearing, determined that the public 21 health, safety and welfare requires the acquisition by the City of a portion 22 of that certain parcel of real property, more particularly described in 23 Exhibi t "A", and depicted in relat ion to the proposed project by the map in 24 Exhibi t "B", attached and incorporated by reference, for street and highway 25 purposes, a public purpose. The acquisition is authorized by Section 19 of 26 Article 1 of the California Constitution; Sections I, 40, and 240 of the 27 28 10/24/96 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. -1- RESOLnION: OF THE CITY OF S/\N BERNARDINO, FINDING AND DETERMINING THAT THE Pl13LlC INTEREST AND NH'ESSITY REQUIEE,S THE ACQUISITION Of CFRTAIN REAL PROPERTY AS A'i EASEMENT FOR Pl13LIC' PL1,POSES llND ALL USES APPURTENANT THERETO ,\LONG THE PROPOSED ALIGNMENT Of ORANtiE SHOW ROAD, 1 2 3 SECTION 3. The O\lners of said property to whom Not ice of said 4 Hearing was mailed is set forth on Exhibit "e", attached hereto and incorpo- 5 rated herein by reference. The mailing address of the owner IS as shown on 6 the last equalized county assessment roll, as required by law. 7 8 SECTION 4, The Mayor and Common Counci 1 of the Ci ty of San Bernardino hereby find and determine and declare that: (a) the publ ic 9 interest and necessity requires the proposed project and the acquisition by 10 the Ci ty of San Bernardino of an easement over the property for publ ic 11 street purposes and all appurtenant uses; (b) the proposed project is 12 planned or located in the manner that wi 11 be most compat ible wi th the 13 greatest public good and the least private injury; (c) the property and the 14 taking of the interest in the property, as above described, is necessary for 15 the proposed project; and (dl offers required by Section 7267.1 of the 16 Government Code have been made to the owners of record. 17 SECTION 5, The Mayor and Common Council of the City of San 18 Bernardino do hereby declare that it is the intention of the City to acquire 19 this property in its name in accordance with the provisions of the laws of 20 the State of California with reference to condemnation procedures, 21 22 23 24 25 26 27 28 10/24/96 SECTION 6. The property is located in the Ci ty 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 -2- 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 10/24/96 RESOLUTI01\': OF THE CITY 0'-' SA\; DERI'L\RD'NC} frmI\'G A\lD DETfF"1INI:\G THAT IrE PUBLIC INTEREST A\lD NECESSITY REQUI:ES THE ACQUISITION OF CERTAIN REAL PROPERTY AS AN EASEMENT FOR I'L13' J C PURPOSES A'\D ,~LL [SES APP(JRTE\Al''iT l1fERFTO ALONG THE PROPOSED 1\LIGNlvIENT 0' O];1\N(;f SHOIV ROAD. the sum determined to be jWit compcnsat ion for said property and to reques t and obtain a necessary court oreler granting the City the right of immediate possession and occupancy of the property. The Ci ty Attorney's Office IS also authorized to take any action necessary or appropriate to acquire any temporary right of access to the property which may be necessary for con- struction of any planned improvements. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. / / / / / / / / / / / / / / / / / / I / / / / / / / / / / / / / / / / / -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 10/24/96 . RESOLlITION: 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. 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 18th day of November , 1996, 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 The foregoing /'] \~,-J\_ci!__ CL~/,--lc RA~CLARK, City Clerk resolution is hereby approved this d~ day of November , 1996. ~- 2Z ~ ) e-~~ (-t ~~ TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney :; el-'~ -4- That portion of Parcel 7 of Parcel Map No. 4781, as per plat thereof recorded in Book 48 of Parcel Maps, Page 88, in the Office of the County Recorder of said County, described as follows: Commencing at the Southwest corner of said Parcel 7; thence Easterly along the Southerly line of said Parcel 7, a distance of 629.03 feet to a point on the North- erly line of the Gage Canal; thence continuing Easterly along said Southerly line of Parcel 7 and said Northerly line of the Gage Canal, a distance of 283.2 feet to the True Point of Beginning, said point also being on a non-tangent curve, concave to the North, and having a radius of 1,546.00 feet, the radius point of which bears North 19. 24' 35" East; thence Northeasterly along said curve through a central angle of 12. 20' 10", an arc distance of 332.9 feet; thence North 610 42' 40" West, a distance of 240.24 feet; thence South 73" 23' 31" West, a distance of 134.7 feet to a point on a non-tangent curve, concave to the Southeast and having a radius of 8,968.91 feet, the radius point of which bears South 340 19' 09" East, said point also being on the Southerly line of the Santa Ana River; thence Northeasterly along said curve through a central angle of 010 41' 15", an arc distance of 264.2 feet; thence South 350 30' 05" East a distance of 74.2 feet; thence South 560 27' 16" East a distance of 104.5 feet to the beginning of a non-tangent curve, concave to the North and having a radius of 1,454.00 feet, the radius point of which bears North 330 32' 44" East; thence Southeasterly along said curve through a central angle of 160 53' 25", an arc distance of 428.6 feet to the Southerly line of said Parcel 7 and the Northerly line of said Gage Canal; thence Westerly along said Southerly line of Parcel 7 and said Northerly line of the Gage Canal, a distance of 117.4 feet to the True Point of Beginning. contains 63,154 square feet, more or less ACQMAP NO. 64 APN: 281-041-42 EXHIBIT "A" .' , c' EXHIBIT /" / SANTA ANA ~SAN BERNARDINO COUNTY lIell ~ ,f; \~. ~\v> ~,'"' ,-,-"'v> <:>\'~ c, ~, ,/ ,v- ~, . 4 ~(\v. (.p\ ~\~ ~" ' "<:>;\0"'- \ " " <9 ' '''~(\' \ , " /'<<'- ' "'-"-' ~<o, .Cl SAN BERNARDINO AVENUE Southwest of Porcel cj) of proposed W Rood G- O- ~ POINT OF BEGINNING rn CURVE DATA R = 1.546.00' I:; = 12'20'10' L = 332.9' T = 167. I' Chord beors N. 64' 25' 20' w. 332.2' ~ CURVE DATA R = 1.454.00' I:; = 16' 53' 25' L = 428.6' T = 215.9' Chord bears S. 64' 53' 58' E. 427, 1 ' ~ CURVE DATA R 8.968.91 ' 1:;=1'41'15' L = 264.2' T = 132. I' Chord beors N.56'31'28'E. 264.2' ",. i>,< , '~ 1>,',"t __.-.~ .'>,'<:) Centerline of proposed :' 1\1, -'--- ~:te."t OranQ9 ShOw Rood ( 6/. ~,"::" 1E\5 , ".? ' :.:---\:!J " "'0' "'-:." ~, " olt:' :'~_,.,_" ~~~ ,,-" .~:Q ~);; ".<:,''- ~-J. ! '.'0 I ',,,>\: " '1-' DET A I L 'A" 11 \ ' NOT TO SCALE ~ --. CD 70' wide Pole line Eosement In favor of Southern Col [fornle Edison Company per Deed recorded March 3D, 1982 os Instrument No. 82-060476 a.R. INDICATES EASEMENT FOR ROADWAY PURPOSES i ~ ~ INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' - . FEE OWNERSH I p, Poul J, Hubbs, on Individuol dbo Poul Hubbs Construction Co, GRANT DEED PER. lnst. No. 87-180956 O. R. PAU'AJ!rDIlY' Recorded May 29, 1987 DMJM :::;';:~t"'. ("11'''"'''-'''0 Pr_...'t"".."..:",on ~, . . ~ SCALE: I" = 300' Oon I e I. ~(lnn. John~on & I.4endenho II 275 West HospItalIty Lone. Suite 314 Son Bernordlno. Collfornlo 92408 (909) 889-3466 ~ EXHIBIT "B" . . '. PAUL J. AND LUCILE M. HUBBS, TRUSTEES OF THE PAUL AND LUCILE HUBBS 1992 TRUST F/B/O PAUL J. HUBBS AND LUCILE M. HUBBS, AND THEIR ISSUE, UNDER INSTRUMENT DATED MAY 26, 1992. MR. PAUL HUBBS PAUL HUBBS CONSTRUCTION CO. 3500 PYRITE STREET RIVERSIDE, CA 92509 EXHIBIT "c"