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File No. 15.02-1259 #51 & 52
CITY .OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
----:-~
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 (Arellanes' Property - #51 & 52)
From:ROGER G. HARDGRAVE, Director
Dept: Pub I ic Works/Engineering
Date: January 27, 1997
Cia/GINAL
Synopsis of Previous Council action:
07/06/92
04/08/93
10/04/93
01/08/96
06/03/96
Authorization granted for City to assume responsibility for project man-
agement services.
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'
Resolution No. 93-379 adopted authorizing execution of First Amendment to
Agreement to amend Task 7 of Exhibit "I" Environmental Site Assessment.
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.
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
(Arellanes) for the Extension of Orange Show Road from Arrowhead Avenue to
Tippecanoe Avenue be Closed
AND
{A ~~-
I re
2. Adopt the Resolution
cc: Bill Bopf, IVDA
Fred Wilson, Acting City Administrator
James F. Penman, City Attorney
Barbara Pachon, Finance Director
Contact person:
Phone:
Anne DeBo It
5328
Ward:
1 and 3
Supporting data attached: Staff Report and Resolution
Amount: $9,800 (Federal Aid STP and IVDA Funds)
FUNDING REQUIREMENTS:
242-362-5504-1996
Source: (Acct. No,)
(Acct. Description)
Arrowhead Avenue to Tippecanoe Avenue
Extension of Orange Show Road from
Financea~/>ffM~
Council Notes:
Res 97- 3 '1
15-0262
Agenda Item No.
J/3/91
19"
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. Arellanes, owner of the property described in Acquisition Map No. 51 and 52, has
declined declined to accept the established fair market value offered by the City, and
eminent domain proceedings will be necessary to complete the acquisition.
Mr. Arellanes' property is located on the North side of pioneer Street, between Waterman
Avenue and the Santa Ana River. The City is taking approximately 8,700 square feet.
The appraised value for the property being taken is Nine Thousand Eight Hundred Dollars
($9,800.00). Mr. Arellanes has submitted orally a counteroffer for Twenty Thousand
Dollars ($20,000). 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. Arellanes 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 Mr. Arellanes' property.
01/27/97
-2-
75-0264
d30' wide Gas Line Easement In favor
of Southern California Gas Company
per Easement Deed recorded June 31.
, 1948 In Book 2239 Page 86 O.R.
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Dan I e I. 1.Iom. JOlV'Iaon" MendenhQ I I
215 West UOsPltolltr Lon., Suit. 314
San Bernardino. Col fernie 92408
(9091 889.)466
.
That portion of Lot 48 of Tract No. 2228, Valley Truck Farms No.4, as per plat
thereof recorded in Book 31 of Maps, Page 95, in the Office of the County Recorder of
said County, described as follows:
PARCEL ONE:
Beginning at the Southwest corner of said Lot 48; thence East along the South line of
said Lot 48, a distance of 150.0 feet to the Southeast corner of said Lot 48; thence
North along the East line of said Lot 48, a distance of 32.29 feet to a point on a
tangent curve, concave to the South and having a radius of 1396.00 feet; thence
Westerly along said curve through a central angle of 060 09' 41", an arc distance of
150.1 feet to a point on the West line of said Lot 48; thence South along the West
line of said Lot 48, a distance of 35.17 feet, to the Point of Beginning.
contains 5,259 square feet, more or less
PARCEL TWO: (SLOPE A'I/D DRAINAGE EASEMENT)
~AII that portion of said Lot 48 lying South of the following described line:
Beginning at a point on the West line of said Lot 48, said point lying 58 feet North
of the Southwest corner of said Lot 48; thence Easterly in a straight line to a point
on the East line of said Lot 48, said point lying 58 feet North of the Southeast
corner of said Lot 48. and the Point of Termination.
contains 3,330 square feet, more or less
.
EXHIBIT "A"
30' wide Gas Line ~asement In favor
of Southern California Gas Company
per Easement Deed recorded June 31,
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iNDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES PERMANENT SLOPE
AND DRAINAGE EASEMENT
INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
PR(PAREO liT.
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_ t _ - - - -7 1 --5-89'-35' 24' E --i- . - _ _ Center II ne of proposed
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PIONrrER AVENUE ~ut~;;--_
corner of - _
Lot 48
FEE OWNERSHIP.
Fronk L. Arellcnes
Pauline Y. Arellanes
GRANT DEED PER.
Inst. No. 90-169764 O.R.
Recorded May I. 1990
EXHIBIT "B"
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Denlel, wonn. JOl'V'l.son . loIl!Jnc:lenhOll
21S west 110$pII0111)' lone. Suite 314
Son Bernardino, Collfornlo 92405
19091 an-146ft
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CrTY OF
San Bernardino
PUBLIC
WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
January 15. 199~
File No. 15.02-1259
Acquisition Map No.
51 & 52
Sent by Certified ~ai1
Receipt No. P 225-919-693
Return Receipt Requested
~r. Frank Arellanes
16J6~ Valley Boulevard
Fontana. CA 92JJ5
Dear ~lr. Are II anes:
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 t~e appropriate commission for adoption. The purpose of the attached ~otice
c: Int;:1t is to .?dvi5~ you that acquisition of your property will be sough~
:~~Jt:g~ j~ctic~a: ~races~ if an ami:ab!e ag:eement is not reached.
.~.g;~~r:le~: be:".l,',=-=n a.n ("I',~:-:er and :he C1 cy may be delayed for a ;..-ariety of g:Jod
~~~sans: ~o~e~er. in order to maintain a schedule for construction of this
pro~ect. certain procedural steps m~st 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.
T~e ?ttached \otice of Intent gi\'es you an opportunity to appear before the
~.!Cty,~~:- and ('C'mmcn ('Ju!l.cil :it the regula:- City C':::u:1cil ~Ieeting of February J.
:;9-, ~nd rai~~ Guestic~s concerning the public interest, necessity! and loca-
:10r: cf :~.-= proje::t as it :.ffects your j?:-;Jperty. The subject of t~.:: amount of
ccmrensa~:cr. :or )"..1ur ~:-c.perty is ::0: :in issue for the ~Iayor and Common Council
?nd it .ci ~ ~ not oe considered by them. If the Resolution is adopted, the City
~~$ tr.~ a~,hority to fi~e an eminent Gomain action in the Superior Court. In
,~a: Superior C~urt proceeding the amount of condemnation is determined.
EXliIHIT f I,~\ I
300 NORTH O' STREET SAN BERNAROINO.
C A l J F 924 I a 0001 (10 II 3. 4.51 f 1 .3.4.5112. F 4 X: 3' 4.5155
.
.
Jar.~ary 15. I99~
Fi'!.e :\0. I5.0~-1~59
Acquisition ~ap No. 51 & 52
~r. Frank Arellanes
Page Two
(
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 "D" Street,
San Bernardino. CA 9~~13. 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.
rf you have any questions regarding the procedu~e, you can reach me by tele-
phone at (909) J8~-5J~S.
Sincerely,
RCGER G. H.-\ROORAVE,
Director of Public Works/City Engineer
~WU~
.\. \i'.'E DeBOLT
Real Property Special ist
.-\t tachments
C~.
~.
Henry Empeno. Deputy City Attorney
.
.
CITY OF
San Bernardino
PUBLIC WORKS/ENGINEERING
ROGER G. HARDGRAVE, R.C.E.
DIRECTOR
S_",- '\ E EFX.>.RD I ~;O C I n- COrNC I L
:\OTICE OF 1\,E\i TO _-\OOPT RESOLll101' OF XECESSln-
TO ACQ[IRE CERTAI:\ RE\L PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINThi OO~l"IN
(Code of Civil Procedure, Section 1245.235)
TO: ~fr. Frank Are I lanes
1636~ Valley Boulevard
Fontana, CA 92335
..>,cq'lisition ~Iap :-1os. 51 & ",
Califc~nia Code of Civil Procedure, Section 12~0.030. provides that the
of eminent domain may be exercised to acquire property for a proposed
if the following conditions are established:
power
project
.
(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.
(11 The offer required by Section -26-.2 of the Gm-ernment Code has been
~ade to the o~ner o[ record.
You are hereby nctified tna: the \fayor a;"ld Common Council at their meeting to
be helc on February 3. 199-. in San Bernardino, CA. will be asked to decide if
the above conditions a~e met concerning your property and, if so. to adopt a
Resolution of :\ecessity. The Public Hearing portion of the City Council ~Ieet-
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 ~fayor and Common Counei I do not consider such in determining
whether a Resolution of Xecessity should be adopted.
Th-= adc[J:ed :\.esoti..:t ion Ai II au':~or:ze the ~.fayor and Common Council to acql..:ire
the ;':-0p~r~y by emine::t domai~.. .-\ description of the required property is
a:tachec to this Notice and is marked Exhibit "A".
If yeu fi Ie a 'ITitten request to appear (within 15 days from the mailing of
this Sot ice) you are entitled to appear and object to the adoption of the
Resc,r'ltion. Objections are limited as set forth below.
..l.! 1 req1les:s:..) appe?f ~IU5t ~e 'Sent f.;)f :iling to the City Clerk. City of San
.pe~r:,"!~':!~~o. y,) \ort~, "C,' St:.~-=:. San Be,r:udino, c..>, 92~lS.
300 NORTH D STqEET. SAN BERNARDINO.
CAliF 92418 OO:Jl (;O;}384.S111'3'4,S112.FAX:3.4.S1SS
'.
NOTICE OF I:-'TD/T TO ACQ. RESOLLTION OF /I;ECESSITY
", January 15, 1997
. Acquisition ~ap No. 51 & 52
~lr. Frank Are II anes
Page Two
r
.
The ~ritten 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 the condition(s)
which you feel are pertinent to your property. The three conditions which ~ay
affect your property ~re set forth above (deSignate (a), (b). and (c)). By
designating ~hich 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 project's effect on your property.
For your convenience, the Mayor and Common Council will consider any written
observ~tions you may wish to submit. so long as such written observations are
filed with the City Clerk within the 15-day period.
The ,layor and Common Council must ~dopt a Resolution of Xecessity before an
emine:1t domain proceeding can be cOI!lffienced. Within six months of the adop;:ion
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
. compensation to '.hich you are entitled.
If you have any questions. please cal: Anne DeEolt at (909) 384-5328.
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