HomeMy WebLinkAbout1993-385
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RESOLUTION NO. 93-385
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE
ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES
AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH
STREET, WEST OF ACRE LANE
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That on October 4, 1993, 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
Bernardino, as a result of the above hearing, determined that the
public health, safety and welfare requires the acquisition by the
Ci ty of portions of certain parcels 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 widening 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;
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93-385 .
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE
ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES
AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH
STREET, WEST OF ACRE LANE
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 forth on Exhibit "C", attached
hereto and incorporated herein by reference. The mailing address
of the owner is as shown on the last equalized county assessment
roll, as required by law.
SECTION 4. The Mayor and Common Council of the City of San
Bernardino hereby find and determine and declare that:
(a) the
public interest and necessity requires the proposed project and
the acquisition by the City of fee simple title in the properties,
for publ ic street purposes and all appurtenant uses, ( b) the
location of the proposed 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 properties and the taking of
the interest in the properties, as above described, are necessary
for the proposed project; and (d) offers required by Section
7267.1 of the Government Code have been made to the owners of
record, or the offer has not been made because the owner cannot be
located with reasonable diligence.
SECTION 5. The Mayor and Common Council of the City of San
Bernardino does 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
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93-385
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE
ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES
AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH
STREET, WEST OF ACRE LANE
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, and the law firm of
Bruggeman, Smith & Peckham, as Special Counsel, are 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 fee
interest to these properties.
Counsel are 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 and obtain
a necessary court order granting to the City the right of
immediate possession and occupancy of the property. Counsel are
also authorized to take any action necessary or appropriate to
acquire any temporary 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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the
Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 4th
/ / /
/ / /
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93-385
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE
ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES
AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH
STREET, WEST OF ACRE LANE
day of October
, 1993, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
JERRY M. DEVLIN
x
POPE-LUDLAM
x
MILLER
x
Cif(~ ~
The foregoing resolution is hereby approved this ~ day
of
October
, 1993.
) ,
~... .,,\
/ C?y).-" / 1/1 b''C\..
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
ayJhMu~&~ )
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93-385
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EXHIBIT "A"
FEE SIMPLE TITLE
Bernardino, County of
described as:
to the real property in the City of San
San Bernardino, State of California,
PARCEL ONE:
THAT PORTION OF THE SOUTH ONE-FIFTH OF LOT 10, ARROWHEAD
SUBURBAN FARMS TRACT "A", AS PER PLAT THEREOF RECORDED IN BOOK 21
OF MAPS, PAGE 6, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO
COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF
40TH STREET AND THE EAST LINE OF THE WEST 196.3 FEET
OF SAID LOT 10; THENCE NORTH ALONG SAID EAST LINE, A
DISTANCE OF 24 FEET; THENCE EAST, ALONG A LINE THAT IS
PARALLEL WITH SAID NORTH LINE OF 40TH STREET, TO A
POINT THAT IS 23 FEET WEST OF THE WEST LINE OF ACRE
LANE; THENCE NORTHEASTERLY, ALONG A STRAIGHT LINE, TO
A POINT ON A LINE THAT IS 34 FEET NORTH OF AND
PARALLEL WITH SAID NORTH LINE OF 40TH STREET, SAID
POINT BEING 13 FEET WEST OF THE SAID WEST LINE OF ACRE
LANE; THENCE EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 13 FEET TO SAID WEST LINE OF ACRE LANE;
THENCE SOUTHERLY, ALONG SAID WEST LINE TO SAID NORTH
LINE OF 40TH STREET; THENCE WEST ALONG SAID NORTH
LINE, TO THE POINT OF BEGINNING.
A TEMPORARY CONSTRUCTION EASEMENT to enter upon the
following described real property in the City of San Bernardino,
County of San Bernardino, State of California, for all necessary
purposes incidental to the planned reconstruction and widening of
the north side of 40th Street, west of Acre Lane, including but
not necessarily limited to, all necessary grading, excavation,
driveway adjustment, tree removal, if any, earth backfill
operations, and the temporary deposit of tools, equipment, and
materials, said real property being described as:
PARCEL ONE-TE:
THE SOUTH 1/5 OF LOT 10, ARROWHEAD SUBURBAN FARMS, TRACT
"A", IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 6, RECORDS OF SAID COUNTY.
EXCEPT THE WEST 196.3 FEET AND THE EAST 20 FEET THEREOF.
FEE SIMPLE TITLE to the real property in the City of San
Bernardino, County of San Bernardino, State of California,
Exhibit "A", Page 1 of 2
93-385 [
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described as:
PARCEL THREE:
THE SOUTH 20 FEET OF THE EAST 59.5 FEET OF THE WEST 152.3
FEET OF THE SOUTH ONE-FIFTH OF LOT 10, ARROWHEAD SUBURBAN FARMS,
TRACT "A", AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 6,
RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF
CALIFORNIA.
A TEMPORARY CONSTRUCTION EASEMENT to enter upon the
following described real property in the City of San Bernardino,
County of San Bernardino, State of California, for all necessary
purposes incidental to the planned reconstruction and widening of
the north side of 40th Street, west of Acre Lane, including but
not necessarily limited to, all necessary grading, excavation,
driveway adjustment, tree removal, if any, earth backfill
operations, and the temporary deposit of tools, equipment, and
materials, said real property being described as:
PARCEL THREE-TE:
THE EAST 59.5 FEET OF THE WEST 152.3 FEET OF THE SOUTH ONE-
FIFTH OF LOT 10, ARROWHEAD SUBURBAN FARMS, TRACT "A", AS PER PLAT
RECORDED IN BOOK 21 OF MAPS, PAGE 6, RECORDS OF SAID COUNTY.
Exhibit "A", Page 2 of 2
93-385
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Exhibit liB"
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Page 2
93-385
EXHIBIT "C" -- MAILING LIST OF PROPERTY OWNERS
Margaret Mowatt Petersen
460 West 40th Street
San Bernardino, CA 92407
0271-021-01
Claudia Rivera, as Trustee for
Justin Joseph Laragione
1760 Mulberry Avenue
Upland, CA 91786
Claudia Rivera Laragione, as Trustee for
Justin Joseph Laragione
831 North Road
San Bernardino, CA 92404
0271-021-03
Exhibit "c"