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Home My WebLink About14-Public Works File No. 15.02-1259 #17 ClTY.OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From:ROOER G. HARDGRAVE, Director Dept: Public Works/Engineering Date: January 27, 1997 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 (Soto/Arjona Property - #17) O;QIGINAL 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 "I" 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 (Soto/ Arjona) for the Extension of Orange Show Road from Arrowhead Avenue to Tippe- canoe Avenue be Closed AND 2. Adopt the Resolution 0Jv, AtJl~ cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Phone: 5328 Contact person: Anne DeBolt Supporting data attached: Staff Report and Resolution Ward: 1 and 3 FUNDING REOUIREMENTS: Amount: $1,400 (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:~~d~ fi//e>1- Council Notes: Res 97- 33 ;;'/3/97 Agenda Item No. ./1 ~. 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. Messrs. Soto and Arjona, owners of the property described in Acquisition Map No. 17 have not replied to many letters and phone calls to their home. Eminent domain proceedings will be necessary to complete the acquisition. Messrs. Soto and Arjona's property is located between Amos Street and Waterman Avenue on the South side of Ennis Street. The City is taking approximately 1,002 square feet. The appraised value for the property being taken is One Thousand Four Hundred Dollars ($1,400.00) . 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 Messrs. Soto and Arjona 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 out- lined 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 Messrs. Soto and Arjona's property. 01/27/97 -2- 75-0264 o o o :: :~9'55'2q'W 60'00':Tz \S0uffw08J'"'"":tf LO~_IOO __ __ ~ : ---- N89'55'26'E 320.007~ -- N89' 55' 26' E \ South lIne of Lot 100 / 60.00'- TRUE POINT OF BEGINNING ~ 00 \ lf~A.---- \ ~ 'J.'.p \ '( '.p \ "Y. . '>'"Y . ' I , - I _ _ i _ _ _ _ _ _ _ _ _ _E_NN_ L?_ _ _ ~JR~E:r_ - r _ _ __ , N89'55'26'E P~RTJON LOT JOO - , r- .0 , - ~ . It> , N , - - 0 , 0 0 III TRACT J995 NOJ V ALLE:Y T R U C J< FARMS JVL8J / 13 29 <P.p .1" . 0 ~.~ , .p '.p . oJ FEE OWNERSHIP. Samuel Castaneda Soto and Norberto Arjona GRANT DEED PER. Doc No. 19950260308 O. R. Recorded Ju 1 y 28. 1995 ~ I I INDICATES EASEMENT FOR , ROADWAY PURPOSES -0- PREPARED BY' DI\UII o N I '- I') . I U) I') <D ,~ - N '" r- w ,. ,~ . Z . D.. . ~ v ~I<rnrna Ar.....,II.>tur. [''\l'no...-I'.... ~""""....l'''.h''''''.. ....-.-., SCALE- I. = 50' Don 'el. Monn. Johnson & Mendenho II 275 West Hospitality Lane. Sulll;l 314 ~~q~e~';;'~~1~' Collfornlo 92408 c . I . The South 16.7 feet of the East 60.00 feet of the West 380.00 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 1002 square feet, more or less . . EXHIBIT "A" Tract Page , . , P~RTjON LOT JOO ..., .... l- . ,"- cD " C&) N ..., '" '" ~ l- . . W It> Z ,. N ,It> , . N 0 Q. . - . ~ 0 0 0 0 VI 0 60,00' 'z , I , , , , \Southo] ~'M'If LO~ _100 ---- N89'55'26'E \ LSouth lIne of Lot 100 TRUE: PO I NT OF BEG I NN I NG - ~g., \ TRACT NO~ J995 ~f co/'\-- - - \ ~ -:i.' -p \ V J-\ L L ~ Y T R U C J< P J-\ R JVJ S '\ "7'-P \ . . ">'"7 . . -320. OO'----=-=-------: L N89'55'26'Ej 60. OO'-~ JVL 8 ~ ')9 / j -) o -f-p U'. . 0 ~.~ . -p .-p . oJ FEE OWNERSHIP. Samuel Castaneda So to and No~be~to A~jona GRANT DEED PER. Doc NO. 199502603080.R. Reco~ded Ju I y 28. 1995 I I INDICATES EASEMENT FOR , ROADWAY PURPOSES PIl[PdEOllV, ~''''''''''lI ..."'1.......... ('OU"....,,'11 ....'10',....(,.,."..",.., ...._.1 DMJ'JI SCALE. I' = 50' EXHIBIT "B" Daniel. WotY'I. JdYlson' ~Il 21'5 West HoscltOllty Lone. Svrra JI~ Son BernardIno. California ~2~~' I I q.\4;;n r-- /- . CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR tv January 14. 199-:- File :-:0. 1:-.02-1259 Acquisition Map No. 17 Sent by Certified ~lail Receipt ~o. P-225-919-684 Return Receipt Requested SAMl"EL C. SOTO A'll) ~ORBERTO ARJONA 400 COL~TR~~rDE WAY, #SV-3:- S Df! nUEY, c.>. 93065-6298 Dear ~!ESSRS. SOTO .'1.\1) ARJONA: . 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 t'":e appropriate commission for adoption. The purpose 0: the att?ched :\otice 0: I;,:~nt is tn acl,::ise you tha~ acquis:tlon of your property ....rill be sought :r:r-""_:f:---' j1.:c!ici~1 p:-oceS$ if ~il a:nicc.ble agreement is not reached. .l.gre~:n.;nt bet';."een a:-: o'.vner and the City may be delayed for a yariety of good reasons; ho~ever, in order to maintain a schedule for construction of this project, certain procedural steps must be taken. One such step is to advise an O~TIer 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. T~:~ ::: cached ~;ot ice of Intent gi\-es you an oppor:uni ty to appear before the '.Id'.",-"":- dnd Ccmmon ('cuneil a: tr:e rt'gt;L~r City Council 'leering of February ~), t~jq-, and tdise que5'~ior.~ conce:'ning the public interest. necessity. and loca- :ion of the prcj~c: as it affects your prcper:y. The subject of the amount of CC,"IP", Tsat kn for your property is not an issue for the ~Iayor and Common Counci l anc' i: wi It not be considered by them. If the Resolution is adopted, the City r.a5 tr.e authority to file an eminent domain action in the Superior Court. In :h,,: 5~;Je~ior (:m'rt prcceeding t'le amount of condemnation is determined. . EXHIBIT "e" 300 NORTH 0 STREET SAN BERNARDINO. CA~IF 92-418 0001 IlOll314,S111.314,S112'FAX:314.S155 . January 1.J.. 199- tile Xo. 1.5.02-1259 Acquisition Map ~o. 1- SOTe &: ARJONA Page Two 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 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 yo~ have any questions regarding the procedure, you can reach me by tele- phone at (909) J3~-5J1S. Sincerely. RCGER G. Ii.>JUXiRA\'E, Director of Public Works/City Engineer ~10~ .-\.\;..C: Ce30L T Real Property Specialist . Attachments c~. Henry Empefio, Ceputy City Attorney . r . CITY OF San Bernardino PUBLIC WORKSfENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR S.-\.'1 BER'iARDI~;O CITI' COl'KCIL :->OTlCE OF I;..'TE.'iT TO ADOPT RESOLCTlON OF :-iECESSITI' TO ACQCIRE CERTAI:-> REAL PROPERTI' OR !;..'TEREST I:-i RE.~ PROPERTI' BY EMI;..'ENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: SA.\Il'EL C. SOTO and NORBERTO ARlONA 400 COl~'TR~NIOE WAY, #SV-35 S!~I V.~LEY. CA 93065-6298 California Code of Ci,il 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 ~26~.2 of the Government Code has been made to the o~ner of record. Y:,u arE: he:-:oy ~otified tn?t the .\Iayor and Common Council at their meeting to he held on Fehruary 3. 199.-. i~ San Bernardino. CA, will be asked to decide if the above conditions are met concerning your property and, if so. to adopt a Resolution of :->ecessity. 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 ~ayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the \layor and Common Council to acquire the property by eminent domain. A description of the required property is "-ttdched to this 'iotice 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. All requests to appear must be sent for filing to the City Clerk, City of San eernardino. 300 \anh "0" Street. San Bernardino. CA 92418. . 300 NORTH 0 STREET, SAN BERNARDINO. CALIF 92.418 00)1 ('OiIJ...Sl11'JI4-S112.FAX:3...5155 " ~OTICE OF I~TENT TO AlJQr- RESOUlI'ION OF ~"ECESSrTY Acquisition Map :\0. 17 January l~, 1997 Page Two r . The written request must actually be on file within the IS-day period. Failure to fice 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 which cor.dition forms the basis of your concerns, and why, you will enable the .\layor and Common Council to ha"e a full and expeditious re"-iew made 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 IS-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 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 comFensation to which you are entitled. . If you have any questions. please call Anne DeBolt at (909) 38~-5323. January H, 199~ F.CGER G. fL':"'~XR-\'VE. Directcr of Public ~orks/City Engineer 4> .