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File No. 15.02-1259 #13
, C',TY ()F SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:ROGER G. HARDGRAVE, Director
Dept: Public Works/Engineering
Subject:
Hearing on Determination that the
Public Interest and Necessity Requires
the Acquisition of Certain Real Prop-
erty for the Extension of Orange Show
Road (HUD Property - #13)
Date: January 27, 1997
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 (HUD)
for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue be Closed
AND
2. Adopt the Resolution
~~.
cc: Bill Bopf, IVDA
Fred Wilson, Acting City Administrator
James F. Penman, City Attorney
Barbara Pachon, Finance Director
Contact person:
Anne DeBo It
Phone:
5328
Supporting data attached: Staff Report and Resolut ion
Ward:
1 and 3
FUNDING REQUIREMENTS:
Amount: $1,600 (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:~.<<~ / ~/r:77
/
Council Notes:
Res 97- 3/
:1./3/'17
Agenda Item No. .Id.. f ..
75-0262
C..TV' 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.
lillD is the property owner that Chicago Tit Ie Insurance is call ing the "true" owner.
However, there are two other claimants to the property, each with a recorded Grant Deed.
One of these parties (Bahena and Huerta) is living in the property at the present time.
This property is being considered for condemnation proceedings in order to clear up the
title problems. We do not want to pay the incorrect person(s) for the easement we are
trying to obtain, and we need to obtain the easement in order to meet the building
schedule.
lillD's property is located between Amos Avenue and Waterman Avenue on the South side of
Ennis Street. The City is taking approximately 835 square feet from the rear of the
property. The appraised value for the property being taken is One Thousand Six Hundred
Dollars ($1,600.00).
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 lillD, Mr. Erick Hernandez, and Mr. Bahena and Ms.
Huerta, by certified mail at least 15 days prior to the Hearing, as shown on Exhibit "c"
attached to the Resolution. 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 outlined above.
All costs required for acquisition of this parcel will be charged to Account No. 242-
362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Aid STP
Funds (88%), and IVDA (12%).
We recommend that the Hearing be closed, and that a finding be made that the public
interest and necessity require the acquisition of the lillD (or Hernandez, or Bahena and
Huerta) property.
01/27/97
-2-
75-0264
.
The South 16.7 feet of the East 50.00 feet of the West 100.00 feet of Lot 100,
No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps,
13, in the Office of the County Recorder of said County.
contains 835 square feet, more or less
.
.
EXHIBIT "A"
Tract
Page
---------------___L__________~---
S89'SS'26'W
ENNIS STREET
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VALL~Y TRU K FARMs
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16.7'
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N89'S5'26'E ,
South line of Lot
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TRUE POINT OF BEGINNING
.
.../ Southwest corner of Lot 100
FEE OWNERSHIP,
The Secretory of Housing and
Urban Development
GRANT DEED PER'
Inst. No. 92-356388 O.R.
t Recorded August 27. 1992
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SCALE: I' = 30'
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INDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
PREPAAEO 8'1.
DMJM
"G'f'llno
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EXHIBIT "B"
0011el, MoM. JOI'V1son , Uendllnha II
275 West HosPItality Lone, Suit. 314
Son e.rncr~lno. Collfornlo 92408
19091 1189-).1&1)
· San Bernardino
CITY OF
PUBLIC WOAKSIENQINEERING
ROGER G. HARDGRAVE.
DIRECTOR
R . C. E.
January 14. 199-
file :-;0. 15.02-1259
Acquisition Map No. 13
/
tv'
Sent by Certified Mail
Receipt No. P-225-919-680
Return Receipt Requested
Hl.:1)
34 CIVIC CE~iER PL~CE
SA'I,iA AX.~. c.~ 9r12
TO '.HOM IT XW COl'.'CER.'i:
.
The law provides the procedure for public agencies to acquire private property
for public use. It presently requires that every agency which intends to
condemn property must notify the owners of that property of its intention to
condemn. Such notice must be prior to submission of an authorizing resolution
to the appropriate commission for adoption. The purpose of the attached ~otice
'Jf !:-:t:;n: is to arh"ise you that acq1.li-s:tion of your property will be sought
t~rc~g~ j~diciat process if an amicabie agreement is not reached.
.~gree'1le"t bet'.leen a" o'.mer and the City may be delayed for a vadety of good
reasons: however. in order to maintain a schedule for construct ion of this
project. certain procedural steps must be taken. One such step is to advise an
owner of our intent to acquire property through court proceedings. The project
which requires your property is now scheduled for construction in the near
future. A legal description of the required property is also attached.
P:e ,l( t~.~hed ~:ot ice of Intent gives you an opportunity to appear before the
'ola::;::- ar~d Common Council at the regular City Council ~lleeting of February 3.
~q9-. and ~aise ques~ions concerning t~e public interest. necessity, and loca-
tion of the project as it affects your property. The subject of the amount of
compensat ion for your property is not an issue for the ~layor and Common Counci l
and it will not be considered by them. If the Resolution is adopted. the City
has the authority to file an eminent domain action in the Superior Court. In
that Superior Court proceeding the amount of condemnation is determined.
.
EXHIBIT "e"
300 NORTH O. STREET SA.... BERNARDINO.
C ... L r ~ 9 2 -4 , 8 000' (10 I) 3 '''.51 1 1 . 3'" . 5 I 12 . F 4 X: 3....5155
!
.... ... -,..,
(
· San l)ernardino
CITY OF
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
OIRECTOR
Janua"y 1~. 199~
File :-.io. 15.02-1259
Acquisition Map No. 13
~
Sent by Certified Mail
Receipt No. P-225-9l9-682
Return Receipt Requested
ERICK O. HERNA\'DEZ
2+1 E~~IS STREET
S,~~ BER~.~I~O. CA 92408
Dear ~IR. HERNA'<'DEZ:
The law provides the procedure for public agencies to acquire private property
. for public use. It presently requires that every agency which intends to
condemn property must notify the o~ners of that property of its intention to
condemn. Such notice must be prior to submission of an authorizing resolution
to the appropriate commission for adoption. the purpose of the attacr.ed :\otice
of Inten: is t~ advise you that acquisition of your property will be sought
:~rough j~d:c:al p~ccess if an amicabl; agreement is not reached.
Ag~eeme~e bee;\'een an O'AT.er and the Cie;,' may be delayed for a variety of good
reasons: ho~ever. in order to maintain a schedule for construction of this
p;oject. certain procedural steps must be taken. One such step is to advise an
owner of our intent to acquire property through court proceedings. The project
which requires your property is now scheduled for construction in the near
future. A legal description of the required property is also attached.
The attached :\ot ice of Intent gi\'es YOIJ an opportuni ty to c.ppear before the
~raycr Cl:1d Ccmffion Counei 1 at the regular City Council ~feeting of Febru~ry 3.
IG9-. a~d raise questions concer~ing the pub~ic interest. necessity. a~d loca-
tion of the project as it affects your property. The subject of the amount of
ccmrensa:ion for your property is not an issue for the ~Iayor and Common Council
and it '.\'ill net be considered by them. If the Resolution is adopted. the City
has the authority to file an eminent domain action in the Superior Court. In
that Superior Court proceeding the amount of condemnation is cetermined.
.
300 NORTH O. STREET. SAN BERNARDINO.
C A L IF 9 2 4 1 8 0001 (lOll 3. 4.51 1 1 . J 1".51 , 2 . FAX: 3' C. 51 55
{
.
· San Bernardino
CITy OF
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
January 14, 199~
File No. 15.02-1259
V'Acquisition ~ap No. 13
tv'
Sent by Certified ~ail
Receipt No. P-225-919-681
Return Receipt Requested
~~, S.~~IAGO BAHENA & MS.
241 E~~IS STREET
SA'i BER.'i..>JIDI:-iO, CA 92408
;\.\1PARO HURTA
Dear \~. B..>JfE.'iA & MS. HteRTA:
.
The law provides the procedure for public agencies to acquire private property
for public use. It presently requires that every agency which intends to
condemn property must notify the owners of that property of its intention to
condemn, Such notice must be prior to submission of an authorizing resolution
to the appropriate commission for adoption. The purpose of the attached \otice
0: :;:(e:it is to advise you that acqulsirion of your property wilL be sOl.lght
:~rol:gh jud~:ial process if an amicable ~gree~e~t is not reached.
_~,g:e-=mer.~ bet',;"~en an O:'~T1er and the City may be delayed for a variety of good
reasons: however. in order to maintain a schedule for construction of this
project, certain procedural steps must be taken. One such step is to advise an
owner of our intent to acquire property through court proceedings. The project
which requires your property is now scheduled for construction in the near
future, A legal description of the required property is also attached.
The attached 'iotice of Intent gives you an opportunity to appear before the
\!a::or !lnd Common Council at the regular City Council \feeting of February J.
19q-. and raise questions concerning the public interest, necessity. and loca-
tion 0: the project as it affects your property. The subject of the amount of
comp"nsacion for your property is not an issue for the Mayor and Common Council
and it will not be considered by them. If the Resolution is adopted, the City
has the authority to file an eminent domain action in the Superior Court. In
that Superior Court proceeding the amount of condemnation is determined.
.
300 NORTH o. STREET. SAN SERNAR01NO.
CALIF 92"11 0001 (.OlIJ...S111.314.S112.F4X:3....S1SS
.
.
.
January 14, 199~
File ~o, 15.02-1259
Acquisition ~ap No. 13
B.-\HE.'iA & Hll~RT A
Page T'NO
r
If you desire to appear before the Mayor and Common Council and give proper
notice of appearance, the February 3, 1997, regular City Council Meeting will
be held in Council Chambers at San Bernardino City Hall, 300 North "0" Street,
San Bernardino. CA 92413, beginning at 9:00 a.m., with Public Hearings general-
ly beginning at 10:00 a.m., or as close to that time as possible.
If you ha"e any questions regarding the procedure. you can reach me by tele-
phone at (909) 334-5323.
Sincerely,
ROOER G. HARJX;RAVE,
Director of Public Works/City Engineer
~&&u-
.'S~'E DeBOLT
Real Property Specialist
Attachments
,.......
~~.
Henry Empei'io, Deputy City .-\ttorney
r
· San Bernardino
CITY OF
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
SA" BER'iARD!\O CIE COL1\CIL
\OTlCE OF I\TE\, TO ."'"-"OPT RESOLL'TION OF \'ECESSIE
TO ACQCIRE CERTAIN RE\L PROPERTY"
OR I:-',EREST IN RE\L PROPERTY BY EMIND., DOMAIN
(Code of Civil Procedure, Section 1245.235)
TO: MR. SA",IAGO BAHENA & MS. AMPARO Hl'ERTA
2.H E:-."NIS STREET
SA~ BER~~INO, CA 92408
California Code of Civil Procedure, Section 1240.030, provides that the power
of eminent domain may be exe"cised to acquire property for a proposed project
if the following conditions are established:
.
tal 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.
(dl The offer required by Section -25-.2 of the Government Code has been
made to the- Q'.\"iler of rec.:Jrd.
You a:-e he!"-::-r]y r:oti:ied :r..c:~ the :.Ia'c:- and Common Council at their r:ee::ing to
be held on ~ebruary J. 199-. in San Ee~~ardino, CA. will be asked to decide if
the above co~ditions are met concerni~g your property and. if so, to adopt a
Resolution of Necessity. The Public Hearing portion of the City Council Meet-
ings begins at 10:00 a.m, or as close to that time as possible. Questions
concerning the amount of compensation to be paid are not a part of this pro-
ceeding and the Mayor and Common Council do not consider such in determining
whether a Resolution of Necessity should be adopted.
The adcpted Resolution wi [I authorize the ~Iayor and Common Council to acquire
the property by eminent domain. :\ cescript ion of the required property is
attached to this \otice and is marked Exhibit "A".
If you file a written request to appear (within 15 days from 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.
.~l I reque"its to appear mu" be sent fo: filing to the City Clerk. City of San
P.er~ardino. j(JO \orth "D" Street. San Eernardino. n 92418.
.
300 NOATH O' STREET. SA~ BERNARDINO.
CALIF 9241& 0001 CtOi)3....'111.1....'112.FAX::J....5155
:-'-OT!CE OF I~iTE\"T TO .-\DO~. RESOLl"TrON OF :-.r:CESSrTY
AcquiSition .\fap No. 13
.January 14. 199~
Page Two
r
.
The .ritten 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 the condition(s)
which you feel are pertinent to your property. The three conditions which may
affect your property are set forth above (designate (a). (b). and (c)). By
designating .hich condition forms the basis of your concerns, and why, you .ill
enab Ie the ~layor and Common Counc i 1 to have a fu 11 and expedi t ious review made
of the project's effect on your property.
For your convenience, the ~ayor 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 IS-day period.
The ~Iayor and Common Council must adopt a Resolution of :-recessity before an
eminent domain proceeding can be commenced. Within six months of the adoption
of the Resolution of :-'-ecessity. the City will commence eminent domain
proceedings in the Superior Court in San Bernardino County (where the property
is located). rn that proceeding, the court wi II determine the amount of
compensation to which you are entitled.
. If you have
hnuar:: P,
any questions. please call .\nne DeBolt at (909) 384-5328.
199-
RCGE~ 0. K~~~RA~~.
Dire:::,):- 0= ~blic ',I.'orks/Ci:y Engineer
.