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'CITY OF SAN BERNARDINO
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15.02-1259 - 18
- REQUEST FOR COUNCIL ACTION
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From:ROGER G. HARDGRAVE, Director
Dept:public Works/Engineering
Date: January 6, 1997
Subject:
Hearing on Iletermination that the
Public Interest and Necessity Requires
the Acquisition of Certain Real Prop-
erty for the Extension of Orange Show
Road (A.P.N. 136-431-21)
ORIGINAL
Synopsis of Previous Council action:
07/06/92 Authorization granted for City to assume responsibility for project man-
agement services.
04/08/93 Resolution No. 93-97 adopted authorizing execution of Agreement executed
with David Evans & Associates for the Acquisition of right-of-way for the
extension of Orange show Road from Arrowhead Avenue to Tippecanoe Avenue'
10/04/93 Resolution No. 93-379 adopted authorizing execution of First Amendment to
Agreement to amend Task 7 of Exhibit "1" Environmental Site Assessment.
01/08/96 Resolution No. 96-05 adopted authorizing execution of Second Amendment to
Agreement to amend Tasks 1, 3 & 4 of the original Agreement and to author-
ize additional costs.
06/03/96 -- Establishment of Fair Market Value for Orange Show Road Properties and
Authorization to Proceed with Acquisition of Right-of-Way
Recommended motion:
1. That the Hearing relative to the Necessity of Acquiring Real Property (Anderson)
for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue be Closed
AND
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2. Adopt the Resolution
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Signature
cc: Bill Bopf, IVDA
Fred Wilson, Acting City Administrator
James F. Penman, City Attorney
Barbara Pachon, Finance Director
Contact person:
Supporting data attached: Staff Report and Resolut ion
Anne DeBolt
Phone:
5328
Ward:
1 and 3
FUNDING REQUIREMENTS:
Amount:
$5,700 (Federal Aid STP and IVDA Funds)
Source: (Acct. No.!
242-362-5504-1996
(Acct. DescriPtion)
Arrowhead Avenue to Tippecanoe Avenue
Extension of Orange Show Road from
Finance:
Council Notes:
Res97-7
1/j'!J jq7
Agenda Item NO.5O .,
75-0262
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CITY. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On June 3, 1996, the Mayor and Common Council approved the Establishment of Fair Market
Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of
right-of-way needed to construct Orange show Road.
The City is currently in negotiations with approximately 50 property owners for the
acquisition of approximately 71 parcels or portions of parcels along the proposed route.
J.D.S. Anderson and Mittie R. Anderson, owners of the property described in Acquisition
Map No. 18, have been deceased for many years (over 20). No death certificates have
ever been filed or recorded and we are unable to discover if there are any heirs to the
property. Because no owners can be determined from current public records, eminent
domain proceedings will be necessary to determine ownership of the property and complete'
the acquisition.
Mr. and Mrs. Anderson's property is located at the Northwest corner of Waterman Avenue
and Ennis Street. The total owned by the Anderson's or their estate is approximately
43,072 square feet, or just under one acre. The City is taking approximately 5,024
square feet. The appraised value for the property being taken is Five Thousand Seven
Hundred Dollars ($5,700.00).
Adoption of a Resolution of Necessity is the necessary legal step under the Eminent
Domain Law to commence proceedings. The law requires that the property owners be af-
forded a hearing prior to the adoption of the Resolution in which the following issues
need to be determined: (1) whether the public interest and necessity require the pro-
ject; 92) whether the project is planned or located in the manner that will be compat-
ible with the greatest public good and the least private injury; and (3) whether the
property sought to be acquired is necessary for the project.
Notice of this Hearing was sent to Mr. and Mrs. Anderson by certified mail at least 15
days prior to the Hearing, as shown on Exhibit "c" attached to the Resolut ion. The
hearing is not a time or place to negotiate with the owners or hear complaints about the
City's appraised value, and the discussion should be limited to the three issues out-
I ined above.
All costs required for acquisition of this parcel will be charged to Account
362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal
Funds (88%), and IVDA (12%).
No.
Aid
242-
STP
We recommend that the Hearing be closed, and that a finding be made that the public
interest and necessity require the acquisition of Mr. and Mrs. Anderson's property.
URGENCY CLAUSE
In order to determine the ownership of this property we will need to begin
domain proceedings as soon as is feasible. The right-of-way certification for
Show Road cannot be obtained until all the properties are acquired.
eminent
Orange
01/06/97
-2-
75.0264
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EXHIBIT
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TRACT
VALLEY
M. B.
.:t West II ne of 0 por-ce I of lond
conveyed to the County of Son
Ber-nor-dino by 0 Deed r-ecor-ded
JOnuor-y 11,1961 in Book 5324
Poge 20 O. R.
FEE OWNERSHIP'
J.D.S. Ander-son
Mlttle R. Ander-son
GRANT DEED PER'
BoOk 19B7 Poge 498 O.R.
Recor-ded Moy I 7, 1947
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SCALE: I. = 100'
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100
Lot 100
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FARMS
29
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COURSE DESCRIPTION
1-2 NOO'04'34'W
6.00'
2-3 N48' 56' 03' E 41.2'
3-4 S89'58'35'E 5.00'
INDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
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