HomeMy WebLinkAbout1981-414
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RESOLUTION NO.
81-414
2 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND
DETERMINATIONS RELATING TO THE ACQUISITION OF CERTAIN DESCRIBED
3 PERSONAL PROPERTY FOR THE CONSTRUCTION OF FLOODWAY IMPROVEMENTS IN
ACCORDANCE WITH PLAN NO. 5944 OF THE CITY OF SAN BERNARDINO, IN
4 THE AREA LYING NORTH OF 39TH STREET, EAST OF HARRISON STREET, WEST
OF GOLDEN AVENUE, AND SOUTH OF 40TH STREET, IN THE CITY OF SAN
5 BERNARDINO, AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE AND
PROSECUTE EMINENT DOMAIN PROCEEDINGS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. Requirement for Resolution of Necessity. This
9 resolution of necessity is adopted pursuant to the requirements of
10 Article 2 (Sections 1245.210, et seq.) of Chapter 4 of Title 7 of
11 Part 3 of the Code of Civil Procedure of the State of California.
12
SECTION 2. Public Use. The public use for which the
13 property described in this resolution is to be taken is for the
14 construction of the proposed Hampshire Avenue floodway
15 improvements, including a floodwall, in accordance with Plan No.
16 5944 of the City of San Bernardino, in the area lying north of
17 39th Street, east of Harrison Street, west of Golden Avenue, and
18 south of 40th Street, in the City of San Bernardio.
SECTION 3. Authority for Eminent Domain. The City of San
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Bernardino is authorized by Article 1, Section 1 and Article XIII,
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Section 240 of the City Charter, and by California Government Code
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Section 37350.5, to acquire the property described in this
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resolution by eminent domain for the public use set forth in this
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resolution.
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SECTION 4. Description. The property to be acquired by
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eminent domain is described in Exhibit "A", attached to this
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resolution and incorporated by this reference.
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SECTION 5. Declaration of Findings and Determinations. The
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I Mayor and Common Council of the City of San Bernardino find and
2 determine each of the following:
3 (al The public interest and necessity require the proposed
4 project.
5 (bl The proposed project is planned or located in the manner
6 that will be most compatible with the greatest public good and the
7 least private injury.
8 (cl The property described in the resolution is necessary
9 for the proposed project.
10 SECTION 6. Authorization to City Attorney. The City
II Attorney of the City of San Bernardino is authorized and
]2 empowered:
13 (al To acquire, in the name of the City of San Bernardino,
14 the property described _in this resolution for the public use set
IS forth in this resolution, by eminent domain proceedings in
16 appropriate courts in accQrdance wi~h the Constitution and laws of
17 the State of California.
]8 (bl To make a deposit with the court of the probable amount
]9 of compensation, to request and obtain from the court an order for
20 possession of the property described in this resolution prior to
2] judgment and to take any actions necessary to acquire the
22 property.
23 (cl To take any actions necessary or appropriate to acquire
24 any temporary right of access to the property described in this
25 resolution, and to adjacent property which rights may be necessary
26 for the construction of the planned improvements.
27 I HEREBY CERTIFY that the foregoing resolution was duly
28 adopted by the Mayor and Common Council of the City of San
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meeting thereof, held
Bernardino at an adjourned reqular
on the 24th day of
vote, to wit:
, 1981, by the following
September
AYES:
council Members Castaneda, Reilly, Hernandez, Botts,
Hudson, Strickler
NAYS:
None
ABSENT:
None
Abstain: Council Member Hobbs
~/VY&m
/ City Clerk
day
The foregoing resolution is hereby
of ~/ul
, 1981.
Approved as to form:
/,~IIP~
City ^ torney
p:
of S / ernardino
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EXHIBIT "A"
All those certain houses located on property now owned by the
City of San Bernardino situated on Sonora Street and Hampshire Road, in
the City of San Bernardino,. sold by the City of San Bernardino to~h~ San
Bernardino Westside Community Development Corporation by bill of sale, but
limited to the houses at the following addresses:
1167 Sonora; 1160
Hampshire; 1154 Hampshire and 1148 Hampshire; all within the City of San
Bernardino, San Bernardino County, California. These houses are personal
property being situated on land owned by the City of San Bernardino, described,
respectively as follows: Lots 47, 46, 45 and 44, all in Tract 6206 as per
plat thereof, recorded in Book 96 of Maps, Pages 18thru 20, Records of the
County Recorder, San Bernardino County, State of Caltfornia.
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