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HomeMy WebLinkAbout27-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION /'l>. i..' From: James Funk, Director(' \.. ;,~. ...., .. c .. Date: December 19,2002 , II Subject: Public Hearings 4:00 p,m,n ; ~esolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive, File No.15.02-1413 MCC Date: 01-21-2003 Dept: Development Services Synopsis of Previous Council Action: 07/15/2002 - Allocation of $500,700 for the Phase I extension of Pepper Linden Drive, now known as Campus Parkway, from Kendall Drive to Northpark Boulevard approved in the five- year CIP (Capital Improvement Program) Budget, 10/07/2002 - Resolutions adopted determining fair market value for 3 parcels (Res, 2002- 318:APN 0261-231-06; Res, 2002-319:APN 0261-231-07; Res. 2002-320:APN 0261-231-27) Recommended Motion: I. That the Public Hearing relative to partial acquisition of right of way, slope and drainage easement for APN 0261-231-06 (McGrew) be closed. AND 2. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-07 (Haensly) be closed. AND 3. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis) be closed. ~ ~ h AND _Y\t4 r~ 4. Adopt Resolutions (3) J F uk ames u FUNDING REQUIREMENTS: Amount: Phone: 5026 Ward: 5 $96,080 (0261-231-06) $ 1,450 (0261-231-07) $ 1,750 (0261-231-27) Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Notices (3), Kesolullons (3) Source: (Acct. No.) 126-369-5504-7007 (Acct. Description) Gas Tax Fund , /J " ' Finance: fJ1x~/c-~,v/; ~~L Council Notes: '~..s 2C03- ~~ 'C}C:tJ? - a 01 '0 (,0.::; <s(") Agenda Item No. ;)",7 11:11/03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive. BACKGROUND: On July 15,2002, the five year CIP (Capital Improvement Program) was approved. Among the various projects identified in the CIP for FY 2002/2003 is the construction of a street extending from Kendall Drive to Northpark Boulevard. The proposed street was referenced in the budget as the extension of Pepper Linden Drive. At the suggestion of California State University, the new street is proposed to be named Campus Parkway. This street is needed to lessen the present and anticipated future traffic impact to and from the University. The first phase of the project includes the acquisition of right of way and appurtenant easements, the construction of one traffic lane in both directions, and the installation of a traffic signal at the intersection of Kendall Drive and Pepper Linden Drive. Future phases will include the addition of two additional lanes of traffic, sidewalk, median and landscaping. Ultimately, the street will allow access to the University from the 1-215 Freeway and the proposed 1-210 Freeway some time in the future when funding becomes available. The design of this portion of Campus Parkway has been completed and partial acquisitions across three parcels will be needed. An appraisal for the three parcels was prepared by the firm of Len Perdue and Associates. The first parcel, (APN 0261-231-06), consists of street and highway and slope and drainage easements. The remaining two parcels (APN 0261-231-07 and 0261-231-27), only require slope and drainage easements to facilitate the extension of the street through the hill which is located at the rear of the parcels. On October 7, 2002, three resolutions were adopted determining the fair market value for the acquisitions as follows: Resolution No. 2002-318 2002-319 2002-320 Total Parcel No. 0261-231-06 0261-231-07 0261-231-27 Value $96,080 $ 1,450 $ 1.750 $99,280 All three property owners have been contacted by the City and informed of the City's intent to acquire the necessary easements and offers have been made to acquire the necessary right of way or slope easements. Staff Report-cont'd Staff has been unable to negotiate the partial acquisition of these parcels and it is now necessary to acquire the property through eminent domain proceedings. Prior to filing an action with the court, a Resolution of Necessity must be adopted to determine that public necessity requires the property acquisition. Compensation for the acquisition is NOT a consideration for this action and will be determined by the courts once the eminent domain action is filed. The property owner has been given a mailed notice of the hearing, a copy of which is attached. The notice states that the owner must file an objection and a request to appear at the public hearing within fifteen (15) days of the mailing of the notice mailed on December 19, 2002. The attached resolution authorizes and directs the City Attorney's office to initiate eminent domain proceedings to acquire the parcels. The fair market amounts of $96,080 for APN 0261- 231-06; $1,450 for APN 0261-231-07; and $1,750 for APN 0261-231-27 will also need to be deposited into the State Condemnation Fund. (Total of$99,280) FINANCIAL IMPACT: $99,280 to be paid from the Gas Tax Fund, Account No. (126-369-5504-7007), approved in the five-year crp budget. RECOMMENDATION: Close the public hearings(3) and adopt resolutions (3) CI RNARDINO 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Everett E. McGrew Aldona R. McGrew 2358 Kendall Drive San Bernardino, CA 92407 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) 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 greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on January 21,2003, 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 meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding 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. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of 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 or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D" Street, San Bernardino, CA 92418. The written request must actually be on file within the 15 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 condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects 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 15 day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 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 will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: December 19. 2002 LASZLO "Les" FOGASSY, Real Property Supervisor CI 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Jean Haensly 2340 Kendall Drive San Bernardino, CA 92407-2409 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) 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 greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on January 21,2003, 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 meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding 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. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of 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 or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D" Street, San Bernardino, CA 92418. The written 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 condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects 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 15 day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 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 will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: December 19, 2002 LASZLO "Les" FOGASSY, Real Property Supervisor RNARDINO 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Athena A. Sehremelis 3221 Lilly Avenue Long Beach, CA 90808 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) 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 greatest public good and the least private injury. ( c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on January 21, 2003, 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 meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding 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. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of 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 or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D" Street, San Bernardino, CA 92418. The written request must actually be on file within the 15 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 condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects 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 15 day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 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 will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: December 19.2002 LASZLO "Les" FOGASSY, Real Property Supervisor Mr. AHd Mrs. SlI,r,tt Mel'No-cITY CLFHK 2368 /(tJlldaee D,llItJ ti ~->> 2. A 9 :08 Sail 8tJ'IIa,dlllo. tJA 92"01 '/ ~ 0r:5 December 31, 2002 Ms. Rachel Clark, CMC City Clerk City of San Bernardino 300 North D. Street, 2nd Floor San Bernardino, CA 92418 Subject: Response to Notice of Inll Dear Ms. Clark: G-~ ;z'<,-- : Jl;)/~ fjC!~--n::- 1CLLO C':(,-a.~.>-- ~.-~ t1)"r--: /-2-03 yJJ In accordance with the Notice of Intent we received, we are requesting to appear before the Mayor and Common Council at the regular meeting of January 21, 2003 to discuss the extension of Campus Parkway as it pertains to our property (APN 0261-231-06). Attached to this request is a letter containing the "Statement of Conditions" that we believe are pertinent to our property located at 2358 Kendall Drive. Sincerely, ftL7~~j?~~ Everett E. McGrew (1/~~A<-~ v Aldona Rae McGrew Attachment: Statement of Conditions addressed to the Mayor and Common Council Mr. AHd Mrs. BlI,r," Mc(;rlMCEtVEo.-cm CLEflK 2308 /('ltda88 D,I.., '03 JAN -2 ~ 9 :23 Salt 8"ltardllto, eA 92'101 December 31, 2002 Mayor and Common Council City of San Bernardino 300 North D. Street San Bernardino, CA 92418 Subject: Statement of Conditions in Response to Notice of Intent dated December 19, 2002 Mayor Judith Valles and Members of the Common Council: We are submitting this "Statement of Conditions" in accordance with a letter dated December 19, 2002 that accompanied a "Notice of Intent to Adopt Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property by Eminent Domain." Following, in no order of importance to us, are our concerns. There is already access, ingress and egress, to the university. The proposed road will direct traffic away from existing businesses. The proposed road will be detrimental to the business community already in existence. The way the project is designed will cause environmental problems with wildlife and the natural landscape. It will cause health problems, such as lighting and noise issues, to the only residents that it impacts-us. There will be possible drainage and flood problems with water run-off to our property. The road design impairs our current property usage. Further, it also impairs future development of the property in that it most likely leaves a parcel that cannot be built on. The plans show no ingress or egress for us on to the proposed roadway. It was represented to us that there would be complete access to our property by the City. We agreed to sell our other piece of property to the City in 1992 on that basis (see attached June 8, 1992 Purchase Offer). At this time, the cost of the proposed road, to not only us personally but also to the community benefit, out-weighs the future benefit that would be achieved by this proposal. Statement of Conditions in Response to Notice of Intent dated December 19, 2002 Page 2 We have also attached a copy of letter dated November 18, 2002 that we sent to Mr. Raymond Casey, City Engineer and Deputy Director of Development Services. This letter includes in greater detail many of the concerns addressed above. Sincerely, g~u~/ ;yuv--' {#ATg/~'?;V~iLr Everett E. McGrew Aldona Rae McGrew Attachments: June 8, 1992 Purchase Offer November 18, 2002 correspondence to Raymond Casey ~..=-~..,.,~,,--,-,_~~c..__..;.._'. __ ...'--.... <\.:",,\f,'~ \"~'.':; -,/: ~--\ -~' ,~,,; .y- ,. ...~i~ ~__~~::: '~ -' ~_l,- ::t@~~4N; itERNARDINO "'V~~;"'-,::o_ JJ7,,-, \c--;':':':" \ ..,..Z.: " ...... ~ . -...' - -, , ';~'-I-~'\::"\~"" . , .",," 300 NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 9241B CIT PUBLIC WORKS DEPARTMENT ROGER G. HARDGRAVE OjrK1or of Public WOricl June 8, 1992 15.02-1246 PURCHASE OFFER A docullumt in the form of a Grant Deed covering the propertv particuladv descrihed therein has been executed and delivered to Anne DeBolt, Re~l Propertv Specialist for the Citv of San Bernardino. In consideration of which, and for the other consideratif)ns hereinafter set forth, it is mutuallv agreed as follows: 1. The parties have herein set forth the whole of their negotiations. The per- formance of this offer constitutes the entire consideration for said document, and shall relieve the City of all further ohligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City Shall: (A) Pay the undersigned grantors the sum of 5228,000.00 for the property interest conveyed (5225,000 for the land, 53,000 for the improvements (storage sheds, barn, fences) when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: a: Taxes for the fiscal year in which the cleared and paid in the manner required and Taxation Code, if unpaid at the close escrow closes, bv Section 4986 of escrow. which shall be of the Revenue b: Covenants, conditions, restrictions and reservations of record, or con- tained in the above referenced document. c: Easements or rights of way- over said land for publ ic or quasi-publ ic uti 1 i ty or publ i c street purposes, if anv. (E) Fay the amount of being paid in two August of 1994, scheduled prior Bernardin'o sha I I begins. 576,000 at the close of escrow, with the remallllng 5152,000 equal installments, 576,000 in August of 19'13 and 576,000 in provided, however, that if commencement of construction is to th" final pavment in August. of 1994, the City of San pay all outstanding amounts to Grantors before construction I.... AI ........ ~..... ........0 ~,.., PRIDE .J 1I,~~:1ESS (:, (G) 15.02-1246 - Purch~se Offer June 8, 1992 Acquisition for Pepper-Linden Drive Page Two (C) Pay all escrow and recording fees, ~nd anv and all closing costs incurred in this transaction and all costs for title insurance. (D) Pay the pro-rata portion of any prepaid real propertv taxes and other charges for public services such as water, sewerage and trash collection, which are allocatable to the period subsequent to the date the City obtains title to, or effective possession of the property, whichever is earlier. (E) Have the authority to derluct and pay from the amount shown in Paragraph 2(A) above, any amount necessary to satisfy anv delinquent taxes due in any fiscal year except the fisca I year in which this escrow closes, together with penalties and interest thereon, and/or delinquent of non-delinquent assess- ments or bonds except those whi ch tit 1 e is to be taken subject to and in accordance with the terms of this offer. Shall. in accordance with citv corles and conditions of approval, guaranie0e rights of ingress and egress to Pepper-Linrlen Drive to the own.er(s) of the propertv located Easterlv of and adjacent to the suhject propertv Shall, in accordance with city codes and conrlitions of approval,. provide adequate securi tv fenci.ng bet,ween thp. arp.a under consi ruc1 i on and thp. property adjacent to the East. The City of San Bernardino shall notifv sairl owners of the adjoining property wheo the street construction projec1 goes out to bid. (H) Shall allow the Grantors the use of the subject propertv, including nIl the improvements (storage sheds, barn, fencing). This use is contingent upon the Grantor's assumption of responsibility for maintenance of same, including all costs, expense, risk, irrigation and weed abatement rluring this use. Grnntors shall hold the City harmless and reimburse the City for any and aJ I of its losses and expenses occasioned by Grantor's continued use of the property. Grantors shall remove or recap any water lines running through the subject property upon cessation of their use of the property or within three (3) weeks of written notification of project being sent to bid or upon sale of Grantor's property located Easterly and adjacent to the subject property. (I) Shall allow Grantors to remove any or all of the existing improvements (stor- age sheds, barn, fencing) from the subject propert,v at any time up to three (3) weeks after written notification of the project being sent to bid or upon the sal e of Grantor's ad,jacp.nt propertv. Said removal of the improvements shall be at no cost, expense or risk to the Citv of San Bernardino, and Grantors shall hold the City harmless and rpimb.lf'sP' the City for any and all of its Josses and expenses occasioned bv the removal of these improvements. FOlIr' (4) weeks after notification that proiect has gone to bid, the City shall have the right to hay!' the remaining improvements, if any, destroved or removed from the property. (J) I1Permission to Use" upon the sale of the subject property. as set forth in Paragr~phs Grantor.' s property located Hand J above shall terminate Easterlv and adjacent to said 15.02-1246 - Purchase Offer June 8, 1992 Acquisition for Pepper-Linden Drive Page Three Ibis transaction will Insurance Company of San said company to disburse be handled through an escrow with First American Tit!e Bernardino, California, and the grantors hereby authorize funds in accordance with Paragraph 3 as follows: 3. Any or all moneys payable under this agreement up to and including the total amount of unpaid principal and interest on notes secured by mortgages or deed of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deeds or mortgages, shall upon demands be mad.. payahle to the mortgagees or beneficiaries entitled thereunder; said mortgagees or' beneficiaries to furnish grantors with good and sufficient receipt showing said moneys credited against the indebtedness secured bv said mort!<ages or deeds of trust. 4. Grantors warrant that there are no ora J or wri tten I eases on the porti on of the property to be acquired, and the grantors agree to hold the City harmless and reimburse the City for anY and al! of its losses and expenses occasionen bv reason of anv lease of sain property held by any tenant of grontors. IN WITNESS WHEREOF, the parties have execute.] thi s offer the nay and ypor fi rs1 above written. NO OBLIGATION OTHER THAN THOSE SET FORTH HF.REIN WILL BE RECOGNIZED. GRANTORS __ ........__._..___.._ 0___' ___.____ EVERETT E. McGREW ._____u_________ _ __ ___ ._.____________+...___.n______ ALOONA R. McGREW RECOM}ffiNDED FOR APPROVAL: CITY OF SAN BERNARDINO ------------ --+--------- ..-~--- ---- -.------- ---------------- ROGER G. HARDGRAVE, Director of Public Works/City Engineer __.. _n_. __ _____ _ .---- ---- VERNE J. NADEAU, Real Property Supervisor _ _.. _.__ _ _ .. ._.__. u_ o_h.____.___ __ _ __.____ - _.. -.---.---- ANNE DeBOLT, Real Property Specialist M,. Alld M,s. e"",tt Me{;"w 23/;8 /(~ltda88 D"II~ Salt 8~'lta,dllto. 6A 92'101 November 18, 2002 Mr. Raymond A. Casey City Engineer/Deputy Director of Development Services 300 North D. Street San Bernardino, CA 92418 Subject: 2358 Kendall Drive (APN 0261-231-06) Dear Mr. Casey: We are life-long residents of San Bernardino. In 1970 we moved into our current house; we have lived here for 32 years seeing many changes in the area. In 1992 the City of San Bernardino purchased Lot 15 (our easterly lot used for corrals for our horses and donkeys) for the proposed Pepper Linden Drive. We have a number of concerns about the design of the proposed road. Some of these issues are discussed in this letter. In 1992, the City paid nearly $4.00/square foot for the property. In the last ten years we know that commercial property has increased in land value in the area. There have been a number of commercial developments in the vicinity of our house. The City is currently offering us nearly $3.00/square foot for acquiring additional right of way and an easement. This price is not acceptable to us. When the City purchased Lot 15 from us in 1992 we were promised ingress and egress from Pepper Linden Drive. We do not see this on the current plans and based on the size of the slope proposed do not know how this would be achieved. This is a concern because we will have a difficult time exiting our driveway on to Kendall Drive. There is a traffic light proposed east of our driveway and the back- up of cars will block our drive way. The proposed road is very close to our residence and we have health concerns caused by traffic noise, exhaust fumes, and lights from the traffic. The road is elevated and lights will shine into our bedroom windows. A block wall may be required to alleviate noise concerns; but then our view from the kitchen window will be six feet of concrete about 20 feet from the house. We are also concerned about drainage problems that will result on the northerly end of our property. We have witnessed many changes in our neighborhood over the last 32 years. The area has gone from being very rural to being developed with shopping centers and apartments. Our property is commercially zoned and, we believe, developable. However, the amount of land requested by the City may reduce the site to a size that cannot be developed. To eliminate the concerns listed above we suggest the City purchase all of our property at a price acceptable to both parties. We look forward to further discussions on this matter. Sincerely, Everett E. McGrew Aldona Rae McGrew cc: Joe Suarez, Fifth Ward Councilman BRUNICK. BATTERSBY, McELHANEY &. BECKETT PROFESS!ONAL LAW CORPOFlATION RENE S. ABFlAMAM MARGUERITE P. BATTERSBY STEYEN K. BECKETT WILLIAM J. BRUNICK HARRY C, CARPELAN RAYMOND F. DOLEN STEVEN M. KENNEDY LELAND P. MCELHANEY STEPHEN MILLER 1839 COMMERCENTER WEST POST OFFICE BOX 6425 SAN BERNARDINO, CALIFORNIA 92412 TELEF=>HONE: 19091 889~e301 FAX: (909) 388-1889 E-MAl L: bralba@eee.org ZIS CA..JON STREET P. O. BOX 1320 R E <tJ1liPCt$V!:'1'jLLt1I if ",i: ~fM\ TEt~'tJE-- t9o~' '?93~cfa1l3 '03 JAN 15 P3 :14 PLEASE REFER TO 01" COUNSEL CHARLES A. PECKHAM January 3, 2003 Laszlo "Les" Fogassy, Real Property Supervisor City of San Bernardino, Development Services Dept. 300 North "0" Street San Bernardino, CA 92418-0001 RE: The extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive- Acquisition of a portion of APN 0261-231-06 Dear Mr. Fogassy: This office has been contacted by Everett E. and Aldona R. McGrew, owners of property located at 2358 Kendall Drive, San Bernardino, CA 92407. I have conferred with Mr. and Mrs. McGrew regarding the extension of Campus Parkway, north of Kendall Drive, and the City of San Bernardino's proposed acquisition of a portion of APN 0261-231-06. I would like to meet with you and the City Attorney's office to discuss the magnitude of the proposed condemnation, and the potential effect it has on the remnant parcel being left by the City of San Bernardino. I would also like the McGrew's letter of December 31, 2002, and this letter to be made part of the administrative record for the scheduled meeting of January 21,2003. I have advised Mr. and Mrs. McGrew to attend this meeting, and simply incorporate both letters into the record. I am looking forward to meeting with you and resolving this issue without extensive costs on behalf of my clients. Thank you for your anticipated cooperation. Very truly yours, BRUNICK, BATTERSBY, McELHANEY & BECKETT c:L -12....... WILLIAM 1. BRUNICK WJB\pjq cc: Everett E. and Aldona R. McGrew "Joe"V.C. Suarez, Council Member, Fifth Ward Henry Empeno, Deputy City Attorney Raymond Casey, City Engineer, Deputy Director of Developrnent Services c:\McGrew\City\LtrO I 0303 - 2- w h. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERi"iARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 SECTION 1. That on January 21, 2003, after at least fifteen (15) days written notice to 10 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council 11 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 12 heard on the following matters: 13 14 15 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 16 17 18 19 result of the above Hearing. determined that the public health. safety and welfare requires the 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 20 acquisition by the City of a portion of that certain parcel of real property, more particularly 21 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 22 23 "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 24 1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 25 26 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 27 28 , -} \...A / j' 7 IlL .7> //J,/~/3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAYS, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 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 8 9 10 11 12 13 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 14 15 16 the least private injury; (c) the property and the taking of the interest in the property as above planned or located in the manner that will be most compatible with the greatest public good and 17 18 19 20 21 22 23 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 24 Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" 25 and "B". 26 SECTION 7. The City Attorney's Office is hereby authorized an directed to prepare, 27 institute and prosecute, in the name of the City, such proceedings, in the court having proper 28 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 jurisdiction, as may be necessary for the acquisition of a portion of this property. The City 6 7 determined to be just compensation for said property and to request and obtain a necessary court 8 Attorney's Office is also authorized and directed to make a deposit with the court of the sum 9 order granting the City the right of immediate possession and occupancy of the property. The 10 City Attorney's Office is also authorized to take any action necessary or appropriate to acquire 11 any temporary right of access to the property which may be necessary for construction of any 12 planned improvements. 13 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. 14 /I 15 16 /I 17 !I 18 19 20 21 22 23 24 25 26 27 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY,FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting day of ,20_, by the following NAYS ABSTAIN ABSENT City Clerk 21 The foregoing resolution IS hereby approved this _ day of 20 22 23 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City Attorney ~; "'~~. 1 e(,~- JUDITH V ALLES, Mayor City of San Bernardino 4 EXHIBIT" A" LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE. NORTHERL Y OF KENDALL DRIVE. APN 0261-231-06 McGREW That portion of Lot 14, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL ONE: An easement for street and highway purposes, and appurtenant facilities, being a portion of a strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as follows: Beginning on the centerline of Kendall Drive, distant thereon 1010.28 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647, as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County; thence Narth 320 06' 26" East, a distance of225.00 feet, to a tangent curve, concave southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a central angle of210 39' 07', an arc distance of699.11 feet to the point of termination. The sidelines of said easement shall be lengthened or shortened as to commence on the southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14. Contains 12,517 square feet, more or less. PARCEL TWO:- An easement for street and highway purposes, and appurtenant facilities, described as follows: Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of34.79 feet; thence South 12048' 52" East, a distance of35.11 feet; thence South 32015' 50" West, a distance of 10.00 feet, to the southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570 44' 10" West, along said southwesterly line, a distance of24.86 feel, more or less, to the Point of Beginning Contains 557 square feet, more or less. -. PARCEL THREE: A slope easement and appurtenant facilities, lying within said Lot 14, being southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the following described line: Commencing at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 IS' 50" East, along the northwesterly line of said Lot 14, a distance of34.79 feet to the True Point of Beginning; thence South 12048' 52" East, a distance of7.35 feet; thence North 340 43' 52" East, a distance of 1 15.9 feet; thence North 350 54' 05" East, a distance of 1 15 feet; thence North 400 33' 32" East, a distance of 140 feet; thence North 440 36' 51" East, a distance of I 33 feet; thence North 38036' 36" East, a distance of 33 feet; thence North 31039' 50" East, a distance of28 feet; thence North 240 48' 15" East, a distance of 34 feet; thence North I 1005' 29" West, a distance of 8 feet; thence North 390 41' 02" East, a distance of 6. 16 feet; thence North 690 37' 45" East, a distance of 33.57 feet; then South 760 56' 5 1" East, a distance of20.61 feet, more or less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a distance of 44.28 feet, more or less, to the northwesterly corner of said Lot 14; thence northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line, to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the True Point of Beginning. Contains 13,942 square feet, more or less. POB (P~r. Throe) /- See ( \ Delail"A" \ PARCEL TWO ~ r POB _ ~P)- 1010.28' to ell DEERFIElD STREET ~ --N 57" 4"To-i'w--~P;o~,,)--KEN-D ALL----ORIVE ---- MAP NO.1 N 64' 50' 59' VI PARCE ONE ~ rf o. ~~ c} ~1: ~ ,'If ~ <<.d'~<9' -17 ,. ! '16 ! I ?>\0 ~oSG , :::/ 81, j/ 1 g/ 01 WI Q:' ~I 0, ~I N' djl 50' , 50' I t 14 I w! , t liJ Nlo - 0 liJl . ol~ NN "" 21 @ 24.07. - ~ PARCEL THREE 7.35' w b ~'" "'~ -~ , M N M Z N 57' 44' 10' W 24.86'. Detail "A" (N.T.S.) Right of Way Parcel One: 12,517 sq. ft. t Parcel Two: 557 sq. ft. t Total RtW: 13,074 sq. ft. t Slope and Drainage Easement 13,942 sq. ft. :t LINE DATA A N 34' 43' 52" E 115.9' B N35'54'05"E 11500' C N 40' 33' 32' E 14000' D N 44' 36' 51" E 133,00' E N 38' 36' 36" E 33,00' F N 31' 39' 50" E 28.00' G N 24' 48' 15' E 34.00' H N11'05'29"W 8.DO' I N39'41'02"E 6.16' J N 69' 37' 45" E 33.57' K S 76' 56' 51" E 20,61' ~ a ~" i:nq -0 , - N M Ul Proposed Right of Way and Slope Easement - Portion of Pepper Linden Drive, Northerly ....f Kendall Drive (APN 0261- 231-06) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Approve . Created by: ~ Checked by: Date: EXHIBIT "B" Revised by: Date: tt () L.- Date: Date: EVERETT E. MCGREW AND ALDaNA R. MCGREW, HUSBAND AND WIFE AS JOINT TENANTS. EVERETT E. AND ALDaNA R. MCGREW 2358 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "C" 1 '\C -J I- RESOLUTION NO. 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 NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION I. That on January 21, 2003, 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 10 11 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 12 heard on the following matters: 13 a. Whether the public interest and necessity require the project; 14 15 16 17 18 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 19 result of the above Hearing, determined that the public health, safety and welfare requires the 20 acquisition by the City of a portion of that certain parcel of real property, more particularly 21 described in Exhibit '"A", and depicted in relation to the proposed project by the map in Exhibit 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. 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 1 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed is set forth on Exhibit "COO, attached hereto and incorporated herein by reference. The mailing 7 address of the owner is as shown on the last equalized county assessment roll, as required by 8 9 law, and also as otherwise may be known. 10 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby 11 tind and determine and declare that: (a) the public interest and necessity requires the proposed 12 13 14 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 prop0sed project is 15 16 17 18 19 20 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 21 the provisions of the laws of the State of California with reference to condemnation procedures. 22 23 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" 24 25 26 27 28 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 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 jurisdiction, as may be necessary for the acquisition of a portion of this property. The City 6 Attorney's Office is also authorized and directed to make a deposit with the court of the sum 7 determined to be just compensation for said property and to request and obtain a necessary court 8 9 order granting the City the right of immediate possession and occupancy of the property. The 10 City Attorney's Office is also authorized to take any action necessary or appropriate to acquire 11 any temporary right of access to the property which may be necessary for construction of any 12 planned improvements. 13 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. 14 II 15 16 II 17 II 18 19 20 21 22 23 24 25 26 27 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a 7 meeting day of ,20_, by the following NAYS ABSTAIN ABSENT City Clerk 21 The foregoing resolution is hereby approved this _ day of 20 22 23 24 Approved as to form 25 and legal content: JUDITH V ALLES, Mayor City of San Bernardino 26 JAMES F. PENMAN, City Attorney n 27 (1 J- I J 28 80((.10.". 'y t~ 4 EXHIBIT "A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261-231-07 MAP NO.2 Haensly A slope easement and appurtenant facilities, lying within Lot 13, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the most northerly comer of said Lot 13; thence South 320 15' 50" West, along the northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 51" East, a distance of37.59 feet; thence South 560 50' 35" East, a distance of 11.02 feet; thence South 870 18' 35" East, a distance of 61.49 feet, more or less, to the southeasterly line of said Lot 13; thence North 32015' 50" East, along said southeasterly line, a distance of 14.22 feet, more or less, to the northeasterly comer of said Lot 13; thence North 640 50' 59" West, along the northeasterly line of said Lot 13, a distance of 10 I. 77 feet, more or less, to the point of beginning. Contains 3,233 square feet, more or less. IMAP N02j /T/ J , / , ., (; J ,j , ! ~! 0) 0)' J?/ , gj Q, 10 Ifl 0:/ 1-./ 0, ~I N' ~I 50' , 50' I ,/ -1 wi , , w NI"O - 0 w, . Ol~ . N N n, Zl -0\0 '>AO s" ~\j "V o' '!<...~ ~f'); "- ,flrV "J~ ~O '~<9' ..1 ; I ";' 13 Slope and Drainage Easement (see detail below) (3,233 sq, ft. :t) N 64" 50' 59" W 10,.771. w '" ~ . V'l~ -~ ",- ~ :z ;: b U><o to"! ~ '" " '" N ,., en .1:. <' ,\ " ,0 S 10,1 .,9' if '-1 ,t ('.' , "0 L-=:: 1010,28' to ell DEERFIElD STREET v N57~44'lVW ---------------------------- KENDALL DRIVE ;x Proposed Slope and Drainage Easement - Portion of Pepper Linden Drive, Northerly of vendall Drive (APN 0261-231-07) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION APproved:~~Date: 'ik,foz. Sr, Civil Engineer EXHIBIT "B" Created by: Checked by: Revised by: Dale: THE JEAN M. HAENSLY REVOCABLE TRUST DATED JANUARY 24, 2001; JEAN M, HAENSL Y AS TRUSTEE FOR THE BENFIT OF JEAN M. HAENSL Y AND HER DESIGNATED BENEFICIARIES. JEAN M. HAENSL Y 2340 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "C" I"~, I ( - \~; , 1 RESOLUTION NO. 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 NORTH 4 OF KENDALL DRIVE,EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That on January 21, 2003, after at least fifteen (15) days written notice to 10 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council 11 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 12 heard on the following matters: 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 Bernardino, as a 19 result of the above Hearing, determined that the public health, safety and welfare requires the 20 acquisition by the City of a portion of that certain parcel of real property, more particularly 21 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 22 "B", attached and incorporated by reference, for street and highway purposes, a public purpose. 23 24 1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 25 The acquisition is authorized by Section 19 of Article I of the California Constitution; Sections 26 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed 6 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing 7 address of the owner is as shown on the last equalized county assessment roll. as required by 8 9 10 11 12 13 14 15 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 16 17 described. is necessary for the proposed project; and (d) offers required by Section 7267.2 of the 18 Government Code have been made to the owners ofrecord. 19 20 21 22 23 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" 24 25 26 27 28 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 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 jurisdiction, as may be necessary for the acquisition of a portion of this property. The City 6 7 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 8 9 order granting the City the right of immediate possession and occupancy of the property. The 10 City Attorney's Office is also authorized to take any action necessary or appropriate to acquire 11 any temporary right of access to the property which may be necessary for construction of any 12 planned improvements. 13 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. 14 /I 15 16 /I 17 /I 18 19 20 21 22 23 24 25 26 27 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 9 vote, to-wit: 10 11 12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of . 20_, by the following Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE 13 MCGINNIS -- 14 DERRY 15 SUAREZ 16 17 ANDERSON 18 MCCAMMACK 19 20 City Clerk 21 The foregoing resolution tS hereby approved this _ day of 20 22 23 JUDITH V ALLES, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City ttorney 27 28 4 EXHIBIT "A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261-231-27 Map No.3 Sehremelis A slope easement and appurtenant facilities, lying within Lot 12, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the northwesterly corner of said Lot 12; thence South 320 15' 50" West, a distance of 14.22 feet; thence South 870 18' 35" East, a distance of20.46 feet; thence South 580 15' 35" East, a distance of20.49 feet; thence South 78055' 17" East, a distance of20.57 feet, more or less, to the northeasterly line of said Lot 12; thence North 640 50' 39" West, along said northeasterly line of Lot 12 to the point of beginning. Contains 422 square feet, more or less. MAP NO.3 / ,rPOB / Slope and Drainage Easement (see detail below) (422 sq. ft. :t) / , :::/ '" "" !/ , . W 54_BS'~ N 640 50' 39 81 0, l() f!1 0::' ;..1 0, ~I ~ "I' ~f 50' . 50' I . 7.' f.f . ,. ;:: o ~N inr'\! - ~ ",- M III '/)\0 >AD SC 14 ,..' ") i\,) 12 ... f 1 . wi , , ~IO . 0 tD. . Ol~ . N N n. Zl . I - 1010.28' ----~~--- N 57" 44' 10" W to elL DEERFIELD STREET o v ------------------------- KENDALL DRIVE o lJ) - ----..-----..-.---"--,-.-- ---.,_ .n"_______._ ..____. _.,om Proposed Slope and Drainage Easement Portion of Pepper Linden Drive, Northerly of 1/ endall Drive (APN 0261-231- 27) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION APProve~ate: O#~J.. Sr. Civil gineer EXHIBIT "B" Created by: Checked by: Date: Revised ~y: Date: ATHENA A. SEHREMELIS, A SINGLE WOMAN AS HER SOLE AND SEP ARA TE PROPERTY ATHENA A. SEHREMELIS 3221 LILLY AVENUE LONG BEACH, CA 90808 EXHIBIT "e" /r(;f:j,<!, 1'2-7 City of San Bernardino, California Department of Development Services/Public Works Division VICINITY MAP Street Improvements FOR CAMPUS PARKWAY (PEPPER-LINDEN DRIVE) FROM KENDALL DR. TO NORTHPARKBLVD. \ PROJECT . A:rp&JtTION ~ "7~ . ru " , CALIFORNIA STATE . UNIVERSITY ) SAN BEP1IARIJIMJ 4:1 il :EO 545 :' -~ -s-\ . ~- - - %,-- . <t- 11- fit e!I , by re Age/,' /4'0- <<r" -1'/ ,<;f( !'lor.ord al+-;' 1h.,1 ,I;ms Mtg: -+' ,,,>$- . ~ ~ ~~~;:t.::t ~ 0 ~. ,.t:.- ,'~~ j ,Ii ~ ":/';' j"~ == IA~._ -~. ~ t.' Enteron int COUl'''''' z ., Air.; C0.LJ.~ City Cle City of 5 ~ IiCINITY MAP N.T.S. tfl1 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Vote: Ayes 1-(." Nays Jd Abstain ~ 'ZC03 -?-'b Absent & Meeting Date (Date Adopted): 1-'Z\'03 Item # 'L'IA Resolution # Change to motion to amend original documents: - Reso. # On Attachments: ./ Contract term: - NullNoid After: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: - rJO Date Sent to Mayor: t- Z 3'(."') Reso. Log Updated: ,/ Seal Impressed: / Date of Mayor's Signature: t-Cl- G'::'; Date ofClerklCDC Signature: ' -.. -0?, Date M~o/Letter Sent for Signature: 60 Day Reminder Letter e day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: Request for Council Action & Staff Report Attached: Yes / Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No No~ No / --r No ---T'- No Copies Distributed to: City Attorney ./ Code Compliance Dev. Services /' EDA Finance / MIS Parks & Rec. Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File: iI'r1/ Date: if!?,! 02~ l Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \-7 \-03 2i)~ Abstain 'I Item # Vote: Ayes 1-(, Nays (2; Change to motion to amend original documents: Resolution # 2co3 -J-j Absent e- Reso. # On Attachments: ./' Contract term: - Note on Resolution of Attachment stored separately: --=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY rJS Date Sent to Mayor: Date of Mayor's Signature: \-2 6'("~ \ .'2 '1-C;~ ! "2 '1-03 Date of Clerk/CDC Signature: D Memo/Letter Sent for Signature: 60 Day Reminder Letter en 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: e Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92.389): Copies Distributed !9: City Attorney ./ Parks & Rec. Code Compliance Dev. Services 0/'" Police Public Services Water Notes: NulllVoid After: ,-- By: - Reso. Log Updated: Seal Impressed: ,/ ~ Date Returned: ,-- Yes ../ No By Yes No .....L- By Yes No ....L By Yes No ,/ By Yes No / By_ EDA Finance / MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term, etc.) Ready to File: Date: Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1-71 -C13 Item # '2 <l C- Resolution # Vote: Ayes 1- Co Nays & Abstain fl Change to motion to amend original documents: 2Co3-30 Absent -G- Reso. # On Attaclunents:,/' Contract term: --- Note on Resolution of Attaclunent stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: 100 Date Sent to Mayor: \-2 Date of Mayor's Signature: Date of ClerklCDC Signature: 3- <:'.0') '-77-02, 7" <.<~ DateM ent for Signature: See Attached: See Attached: See Attache : 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. ./ Code Compliance Dev_ Services Police Public Services Water Notes: NullNoid After: Reso. Log Updated: Seal Impressed: i.,.-/ ,/' Date Returned: - Yes ./ No By Yes No-L By Yes No ,/ By - Yes No ;/ By Yes NO? By EDA Finance /" MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01112/01