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Home My WebLink About13-Public Works File No. 15.02-1259 #14 & 15 CITY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . From:ROGER G. HARDGRAVE, Director Dept:Public Works/Engineering Date: January 27, 1997 Subject: ORIGINAL Hearing on Determination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (Schmitz Property - #14 & 15) 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 (Schmitz) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution ;}1 K~ cc: Bi 11 Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Anne DeBo I t Phone: 5328 Supporting data attached: St~ff Report and Resolution Ward: 1 and 3 FUNDING REOUIREMENTS: Amount: $3,000 (Federal Aid STP and IVDA Funds) Source: (Acct, No.) 242-362-5504-1996 Acct. Descri tion Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue Council Notes: Res 97- 30< J./3/97 . . Agenda Item No. ./3 75-0262 '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. Mr. Schmitz, owner of the property described in Acquisition Map No. 14 & 15 has declined to accept the established fair market value offered by the City, and eminent domain pro- ceedings will be necessary to complete the acquisition. Mr. Schmitz's property is located between Amos Avenue and Waterman Avenue on the South side of Ennis Street. The City is taking approximately 2,673 square feet. The ap- praised value for the property being taken is Three Thousand Dollars ($3,000.00). Mr. Schmitz would like to trade the $3,000 he will receive for approximately $20,000 in liens. There is no basis in the appraisal of the property to support this claim. 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. Schmitz 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 ap- praised 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 362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Funds (88%), and IVDA (12%). No. 242- Aid 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. Schmitz's property. 01/27/97 -2- 75-0264 I I I . , ENN I S STREET , - - - - - - -L - - - - - - - - - N89' 55'-26"'( - - - - -, - -It - - - - - - - - - - o o TRAc-J , , J995 No. tALLEY TRUCK FAR0S " N , M.8i /9 J J3 ~ !E: A. P. N. , , -to o ..J ..... o L III C L o o , t I :n \ ~ ~~ -to 0 . :J . ID \~c51 : ~~: -- ~ -- -'. ./ ----- N89'55'26'E 00 \ 100.00' \'!'~ \ ~'~ \ ~Jr\ . .~ Y If,j'-J: \--- '.<\0 . .~ , 136-431-33 PORTJON LOT JOO S89'55'26'W 160.00' , , - .... ID - , , UJ . III N - - 0 , . 0 , 0 z / N89'55'26'E 160.00' ~--~ South lIne of Lot 100~ TRUE POINT OF BEGINNING ~ '~ 'J FEE OWNERSHIP. John SchmItz GRANT DEED PER. Inst. No. 91-124235 O.R. Recorded Apr II 15. 1991 , u ~ I INDICATES EASEMENT FOR ROADWAY PURPOSES . ; ~ , " ^ ~ " . . -H- 1 PREPARED BY' DNLJA Plcrnlng .....chltltCtur. [nul"'''''"", Progranf(_.rw'lon -, SCALE. I. = 40' DonI.I. Mann. Jotneon' Mendenhall 275 West HospItality lone. Suite 314 ~~Q~e~~~~~~~. Collfornla 92408 . , . The South 16.7 feet of East 160 feet of the West 260.00 feet of Lot 100, Tract No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County. contains 2673 square feet, more or less . . EXHIBIT "A" . TRAC-} NO 0 , , ~ tALL~Y TRUCK FARMS ... o ~ MoBi ?9 / J3 ~ o ~ A. P. N. .... . II) It> \ ~ ~~ :J . (,Q 0 \ )a : ~C :, z8 ~' S89'SS'26'W 160.00' \// --~-- - r- ~ N89'SS'26'E ------ '-- N89'SS'26'E 160.00' ----./ -/ ';..~ \ 100.00' LTRUE POINT ;t~~nleN;I~; 100-/ '{~ \ \...t.-p . ~'-p r\ .,)\.~ Y' ;.p~ \--- , 0 ....... .~ . -p '-p 'J 136- 31-33 PORTJON LOT JOO I , ENNIS STREET ------~------------------- N89'SS'26'E o o J995 -1---------- N , r- .D '" . It> N , FEE OWNERSHIP. John Schm i tz GRANT DEED PER. Inst. No. 91-124235 O.R. Recorded Apr illS. /991 ~ I INDICATES EASEMENT FOR ROADWAY PURPOSES . , . , EXHIBIT "B" SCALE. I' = 401 PR(I'MI(08Y, DI\UJI .,......'tIO ...""..00..... 1"9"....."'1 ",OOT...tOt...r""".... -. 00"l1.1. Yann. JctY'lson . ~ndlInholl 275 west HospItal It)' Lone, Suite Jt4 S01 Ber"l"ICrdlno. Col r for"lo 92408 I ) RAq-'<1 ( . CITY OF San Bernardino PUBLIC WORKSfENCINEEAINQ ROGER G, HARDGRAVE. DIRECTOR R , C, E, January H, 199i File ~o. 15.02-1259 ~cqUisition Map No. 14 & 15 1/.../ Sent by Cer t if ied ~Iai I Receipt No. P-225-919-683 Return Receipt Requested JOffi',' SCHMITZ 10632 SOCTI! ~IE_.\J)S AVD'l'E OR-\.XGE. CA 92669 Dear ~lR. SCIDIITZ: . 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 t2 t~e appropriate commission f8r adoption. The purpose of t~e attac~ed Xotice \~: Ir:':~!1t is to advise you cha.: a'.:qui:5:t:or. of y~ur property ',viII be sought :~!,;.'\I_;gh judic::".l process i: an ~mic-?bte ~~reerr.er.t is not reache::l. Ag,~<:r.1"nt b",'oe"n an o'.m"r and the City may be de:ayed for a variety of good reasons: ho"'ever. 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 o~ner 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 :1: t;.ichecl ~cti~e of Intent gi'.res yet: an opportunity to appear before the '.hl.y,-'r dnd Ccmmon Counci l at the regular Ci ty Counei 1 ~1eet ing of February J, :0~-. a~d raise questions concerning the public interest! necessity, and loca- tion of t~e project as it affects your property. The subject of the amount of COm[)<:nsdt i0n for your property is not an issue for the ~ayor and Common Council and it will not be considered by them. If the Resolution is adopted, the City has th~ authority to file an eminent domain action in the Superior Court. In t~at Superior Court proceeding the amount of condemnation is determined. . EXHIBIT "e" 300 NORTH 0' STREET, SA~ aERNAROINO. C.It. L I ~ 9 24 ,a 000' '10 I) 1....51 1 1 . 3... . 5 1 12 . F A. X: 3....5 I 5 5 . . . January I~, 199- -File ~o. 15.02-1259 Acquisition ~~p ~o. 1~ & 15 SCHl\lITZ Page Two (^' If you desire to appear before the ~~yor and Common Council and gi_e 'proper notice of appearance, the February J, 199'. regular City Council ~~eting will be held in Council Chambers at San Bernardino City Hall, JOO :-<orth 00000 Street, San Bernardino, CA 92~IS, 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) J84-5328. Sincerely, ROGER G. fL-\ROOR-WE, Director of Public WorkS/City Engineer ~~~ .-'.."),1: C.eEOL T Real Property Specialist .-\t ta:=hrnents cc: Henry Empeno, Deputy City Attorney ; . CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR S.....\f BER.\fARDI:-IO CITY COl'NCIL :>;OTICE OF DiTE:-'T TO ADOPT RESOLuTION OF :-''ECESSITY TO ACQUIRE CERTAI~ REAL PROPERTY OR I:<TEREST IN REAL PROPERTY BY EMlNE."T DOMAI~ (Code of Civil Procedure, Section 1245.235) TO: JOHN SCHMITZ 10632 SmiTH MEADS AVENu'E ORA'iGE, CA 92669 California Code of Civil Procedure, Section 12~0.030, 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. (di The offer required by Section 726-.2 of the Government Code has been mad~ to the o',~ner of record. Y'~u are "-ereby nctified t"-at the \Iayor and Common Counci I at their meeting to be held on February J. 199-. in San Bernardino, C..I., will be asked to decide if the acove conditions are met concerning your property and, if so. to adopt a Resolution of ~ecessity. The Public Hearing portion of the City Council ~leet- 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 ~ayor and Common Council do not consider such in determining whether a Resolution of :>;ecessity should be adopted. The ?:!cpted Resolut ion '.'ill authorize the \layor and Common Counci! to acquire the p,-operty by eminent domain. A description of the required property is attached to thj.; :>;otice and is marked Exhibit "X'. If you file a written request to appear (within 15 days from the mailing of this :>;otice) you are entitled to appear and object to the adoption of the Reso~ution. Objections are limited as set forth below. Al I req~e5ts to appear must be sent for filing to the City Clerk, City of San . Berc,a:"!i~C'. JOO \;orth "[\" Street. San Bernardino, C..I. 92-113. 300 NORTH O. ST.:?s=r, SAN BERNARDINO. CALIF 924'8 0001 (DODj3.4.S111.3....S112.F.lX:3.4.SI55 :-i01'ICE OF I~ TO ADO' RESOLUTION OF NECESSITY Acquisition Map No. 14 & "5 January 14, 1997 Page 1'''0 ,:..., f . 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 the condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designate (al. (bl, and (cll. 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 ~ade of the project's 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 I5-day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of ~ecessity, the City ',viII commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court wi II determine the amount of compensation to which you are entitled. . If you ~ave any questions, please call .\one DeBolt at (909) JS4-S3~S. Januar;: 14. 199- ?CGER G. E.\?XR~!:::. [,ir~~:c:- C'f F1..i.bli: Wo:-~:s,'~:i:y E::r.:;~~c::er .