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Home My WebLink About2005-308 ~~ , . . . ""V"-O-_~ - "--"_-"_n=~"_" "_,>,- "-__T___-/''""''''P" " ^S-:'f;~.1'_;n"'<<= .' .1 . 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE 4 NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD RELATIVE 5 TO THE EXTENSION OF GIOV ANOLA A VENUE,.JN SAN BERNARDINO. 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. 2005-308 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That on September 6,2005, 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 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 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. SECTION 3. The owner 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 ~_,..n , . . ,"',""n"_~'~~'~'~, ,. "...~., '~'n'.'.."~,~~~~="", .,. " . ',,?":<~'~~',~'''":'"'''''_''''~~.:~'i~__::'_''':.'.-:-,,'''C:~",?:"..ft7;i'!;'~ . J RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEY ARD 2 RELATIVE TO THE EXTENSION OF mOY ANOLA AVENUE. 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 address of the owner is as shown on the last equalized county assessment roll, as required by law, and also as otherwise may be known. 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 San Bernardino of an easement over the property for public 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 property and the taking of the interest in the property as above described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the Government Code have 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, County of San Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" and "B". SECTION 7. On March 7, 2005, the Mayor and Common Council adopted a Negative Declaration under the California Environmental Quality Act (CEQA) for the acquisition of right of way and construction of the extension of Giovanola Avenue. A Notice of Determination was filed with the Clerk of the Board of Supervisors, County of San Bernardino, on March 9,2005. 2 ~n<"O"~"O 'V_'_~"C~'-____"__O_ _ '0_ _,-_c_ -'T----~~'~"-;---' __-c_ ]fi-'C---c------_-~-- ---c'''--'C --'-~7--'---~----~-7~---~,-,--"'-~-"--V- RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTIIEAST CORNER OF 2ND STREET AND VIADUCT BOULEY ARD 2 RELATIVE TO THE EXTENSION OF mOY ANOLA AVENUE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 /I 17 /I 18 19 20 21 22 23 24 25 26 27 28 SECTION 8. 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 a portIon of 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 and obtain a necessary court order granting the City the right of immediate possession and occupancy of the property. The City 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 construction of any planned improvements. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. 3 , . "'-"U, __'_~"C' ,.. ",,,'- "'-~"_""-_","''C'''m"'W''N' ..",--,,,, "-'="""""""""'''",_W.~'.,... ~~,. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC 1 INTEREST AND NECESSITY REQUIRES THE ACQUlSmON OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEY ARD 2 RELATIVE TO THE EXTENSION OF mOY ANOLA AVENUE. 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at meeting a ioint regular thereof held on the day of ,2005 , by the following 6th September vote, to-wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON x MCCAMMACK X ~h~ Approved as to form and legal content: &pf-- The foregoing resolution is hereby approved this 2005 . day of City JAMES F. PENMAN, City Attorney. J B>;#f' .4/d 4 . . Exhibit" A" Legal Description for Partial Acquisition Proposed extension of Giovanola Avenue, North of 2nd Street APN: 0138-263-02 That portion of Lot 11, Block 15 of the Rancho San Bernardino, as per plat recorded in Book 7 of maps, page 2, records of San Bernardino County, State of California, described as follows: Commencing at the intersection of the East line of Lot 13 of said Block 15, with a line that is parallel with and distant 21.5 feet northerly of the South line of said Lot 13, said line also being the south line of that certain 24 foot wide easement for street and highway purposes to the City of San Bernardino in a document recorded in Book 2328, Page 12, Official Records of said County; thence South 890 55' 20" West along the south line of said 24 wide street and highway easement, to the intersection of the northerly prolongation of the centerline of(jiov~ola Avenue (formerly Osbun Avenue), 60 feet wide, as said street is delineated on the Map oflilsurance Loan & Land Companies Subdivision, as per plat recorded in Book 16 of Maps, page 37, records of said County, said point also being the True Point of Beginning; thence, continuing South 890 55' 20" West, along said south line, to a point that is 985.94 feet west of the Point of Commencement to a tangent curve, concave northeasterly, having a radius of 14.23 feet; . thence northwesterly and northeasterly along said curve, an arc distance of 31.89 feet; thence North 380 19' 50" East, a distance of231.42 feet to a tangent curve, concave southeasterly, having a radius of270.09 feet; thence northeasterly, along said curve, an arc distance of 25.77 feet, more or less, to its intersection with a line this is 36 feet east of and parallel with the northerly prolongation of said centerline of Giovanola Avenue; thence southerly, along said parallel line, a distance of 150.45 feet; thence South 450 27' 02" East, a distance of 70.18 feet to a point being on the north line of said 24 foot wide street and highway easement; thence south, parallel with said northerly prolongation of the centerline ofGiovanola Street, a distance of 24 feet, to the south line of said 24 foot wide street and highway easement; thence west, along said south line, a distance of 86.02 feet, more or less, to the True Point of Beginning. ~L.Ch-~e.~ iM:e .':0 t79:79-!.002 Contains 22, 43~~.~llare feet, more or less. I I I I , I , I ---__L . . ~ i '- _ _ }.!IN:JA V I tf7ONVAom , I , I I , I \' \ I \' ,/ 1 ".~,.~,<",. 'Il::t ~ Exhibit "B" ~." iii ~ l~ ~~ ('t') ~ N ~ ----------~ . , .tt~ I I . , . I . , I~ ! t!~ ,f' .) !j \~ ... \'"." ----:~,. ---L , . . . , , , ! , , ~ ~ o ~ -------.---- :JnM::lAW AII"'\It.IU""JA '''AI .." '<, '._~ ..,.- I I I I I I , I , I " I ~I ill ~, =1 . , =1 ... W e: CIJ " , I :LS .1. eo ~~ -'-i..... ~n5 S c::4'" I!!OJaj ili~ .s" ..:..... -f OZZ ~OO Q-j:: a::~() <>w ZOCl) ffiU)~ m~o:: ZD::W <00. U)~O ILUO:: O:Jo. )-m-' ....::><( _a..W o 0:: ~I Q) ~I (1)"- .c:O CI) ci ZN CHn .S II) ~o cu.... ... o to! ~o l~ I-..c 0> I:::l ~.-. -=:. ~ lL..Cl:: ~~ ~ ~ O......~Q) (/) ~.::. S .s ~OQ)lf) ca as - Z 0''0 0 0 (/)NOC: Z .....N 1.LJlL. I-ON- X 00 I.LJJ:I~ ,I-I"')N 5(0)- Z N_ O Z I ~ - .1X).s:; ......Wl"')..., u;::>.....~ - ZO 0 ::>w c: o>zQ) U<(Q...s:; <( <(..., )-<(-- >. >. 1-500.0 .c ~zc:c: i ~ .....<(00 -.::t!. a.. > :;;:;:; ca (J O<(..~ Cl Q) Q:::-:::2~ j! fi '"' , '.~m',,_ '.....H._'" . . Exhibit "C" Mr. Alex Meruelo, Trustee The Alex Living Trust Merona Enterprises, Inc. 9550 E. Firestone Blvd. Suite 3105 Downey, CA 90241 ,'.,~,