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Home My WebLink About2006-444 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 2006-444 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF APN 0261-181-12 FOR A PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR THE DEVELOPMENT OF THE VERDEMONT PHASE 1 WATER INFRASTRUCTURE PROJECT TITLED PALM CONNECTOR 24" TRANSMISSION MAIN - A PUBLIC USE WHEREAS, the Board of Water Commissioners of the City of San Bernardino has considered the need for the development of the Verdemont Phase 1 Water Infrastructure Project Titled Palm Connector 24" Transmission Main within its jurisdictional limits; and WHEREAS, the Board of Water Commissioners of the City of San Bernardino has considered the advisability of acquiring property within the City of San Bernardino for the purpose of constructing and developing the Verdemont Phase 1 Water Infrastructure Project Titled Palm Connector 24" Transmission Main, and has considered the limited localities within the City of San Bernardino in which such a project would appropriately be located; and WHEREAS, notice of the Resolution of Necessity hearing has been properly given as required by the provisions of Section 1245.235 of the Code a/Civil Procedure of the State of California; and WHEREAS, the public hearing has been regularly held and conducted in the manner provided by law at which all persons whose property is to be acquired by eminent domain have been given a reasonable opportunity to appear and be heard before the City Council of the City of San Bernardino on the following matters: 1. the public interest and necessity require the Verdemont Phase 1 Water Infrastructure 22 Project Titled Palm Connector 24" Transmission Main , and the public interest and necessity require 23 the acquisition of certain properties for that project in accord with the requirements of law; 24 2. the project and acquisition are planned and located in the manner that will be most 25 compatible with the greatest public good and least private injury; · . , . 26 3. the properties to be acquired are necessary for the project, and are comprised of a 27 permanent easement that is approximately .0358 acres, and a temporary construction easement that is 28 approximately .1217 acres; Page 1 of4 12/18/2006 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DE1ERMlNING THAT THE PUBLIC IN1EREST AND NECESSITY REQUIRE THE ACQUISmON OF A PORTION OF APN 0261-181-12 FOR A PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR THE DEVELOPMENT OF THE VERDEMONT PHASE 1 WATER INFRASTRUCTURE PROJECT TIlLED PALM CONNECTOR 24" lRANSMISSION MAIN - A PUBLIC USE 1 4. the offer, although not required by Section 7267 of the Government Code pursuant to 2 statutory exemption for the acquisition of an easement for a water pipeline, in the form of a written 3 offer has been made to the owners of record as appears on the last equalized assessment roll; and 4 5. any matters addressing a challenge to the authority of the City Council of the City of 5 San Bernardino to engage in such a project and as to its right to acquire such properties. 6 WHEREAS, the Board of Water Commissioners of the City of San Bernardino has completed 7 the review process required by the California Environmental Quality Act (CEQA, Public Resources 8 Code 2100 et seq. and California Code of Regulations, Title 14) for the Verdemont Phase 1 Water 9 Infrastructure Project Titled Palm Connector 24" Transmission Main, and has made the determination 10 that project is categorically exempt under California Code of Regulations, Title 14, ~15304(t). A 11 Notice of Exemption has been prepared and filed with both the Office of Planning and Research for the 12 State of California and the County of San Bernardino, as required by law; I3 14 NOW THEREFORE, BE IT RESOLVED BASED UPON THE FOREGOING 15 FINDINGS AND CONCLUSIONS BY THE CITY COUNCIL OF THE CITY OF SAN 16 BERNARDINO AS FOLLOWS: 17 18 1. The public interest and necessity require the construction, operation and ownership of 19 the Verdemont Phase 1 Water Infrastructure Project Titled Palm Connector 24" Transmission Main 20 within the jurisdiction of the City of San Bernardino to be located adjacent to the Kendall Drive and 21 Interstate 215 Freeway in San Bernardino, CA and as is described in the previously-adopted Notice of 22 Exemption pursuant to the California Environmental Quality Act. 23 2. The acquisition of property and the improvements to be made are planned and located 24 in the manner that will be most compatible with the greatest public good and least private injury. 25 3. The properties collectively described and depicted as "Permanent Easement", Exhibit 26 "1", and "Temporary Construction Easement", Exhibit "2", both sets of said Exhibits are attached 27 hereto and incorporated by this reference, and consisting of a portion of the fee property identified as 28 APN 0261-181-12, located near Kendall Drive and Interstate 215 Freeway in San Bernardino, CA, are Page 2 of 4 12/18/2006 A RESOLIITION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO DETERMINING TIfAT TIlE PUBLIC INTEREST AND NECESSITY REQUIRE TIlE ACQUISmON OF A PORTION OF APN 0261-181-12 FOR A PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR TIlE DEVELOPMENT OF TIlE VERDEMONT PHASE 1 WATER INFRASTRUCTURE PROJECT TITLED PALM CONNECTOR 24" TRANSMISSION MAIN - A PUBLIC USE 1 necessary for the project. 2 4. The offer, although not required by Section 7267 of the Government Code, pursuant to 3 statutory exemption relative to an easement acquisition for a water pipeline, has been made to the 4 owners of record as appears on the past equalized assessment roll. 5 5. The provisions of the California Environmental Quality Act regarding environmental 6 review of the project have been complied with. 7 6. Special Counsel to the City of San Bernardino and the San Bernardino Municipal Water 8 Department, Thierry R. Montoya Esq., is directed and authorized to commence a proceeding in 9 eminent domain in the Superior Court of the State of California, and to conduct such action to 10 conclusion, to acquire the property described in the attached Exhibits 1 and 2, including obtaining an 11 order for prejudgment possession based upon a deposit of probable just compensation supported by the 12 Board of Water Commissioners of the City of San Bernardino's approved appraisal. 13 /1/// 14 1/ 1/ / 15 1/ 1/ / 16 /1/ 1/ 17 1//1/ 18 1/ /1/ 19 /1/// 20 1/ /1/ 21 1/ 1/ / 22 1/1// 231/1// 241/1// 251//1/ 261/1// 27 1/ 1/ / 281//1/ Page 3 of4 12/18/2006 A RESOLtmON OF TIiE MAYOR AND COMMON COUNCIL OF TIiE CITY OF SAN BERNARDINO DETERMINING THAT TIiE PUBLIC INTEREST AND NECESSITY REQUIRE TIiE ACQUISmON OF A PORTION OF APN 0261-181-12 FOR A PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR TIiE DEVELOPMENT OF TIiE VERDEMONT PHASE 1 WATER INFRASTRUCTURE PROJECT 1ITLED PALM CONNECTOR 24" TRANSMISSION MAIN -A PUBLIC USE 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a joint regular meeting thereof: held on 3 the 18th , 2006, by the following vote, to wit: day of December 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NAYS ABSENT ABSTAIN AYES X X X X X COUNCIL MEMBERS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK x X ~~l:CI~ The foregoing Resolution is hereby approved this 020;w day of 2)6C~6'G~ 2006. 18 Approved as to form: 19 20 21 22 23 24 25 26 27 28 Pam . Morris, Mayor City of San Bernardmo Page 4 of 4 12/18/2006 Exhibit I APN 0261-181-12 Exhibit 'A' Permanent Easement A portion of Lots II and 12 of Tract No. 3167, in the City of San Bernardino, County of San Bernardino, State of California per map recorded in Book 42, Page 59, inclusive of Maps, in the office of the County Recorder of said county, said portion of land being more particularly described as follows: Commencing at the most Westerly comer of said Lot 12, said point also being on the Northeast right-of-way line of Kendall Drive (50' right-of-way); Thence South 59016'26" East, along said Northeast right-of-way line of Kendall Drive, a distance of 91.41 feet to the Point of Beginning; Thence North 43019'40" East, a distance of 55.39 feet to the Southerly right-of- way line of Interstate 215 Freeway, as shown on California Department of Transportation Map No. 428553, on file in District 8 office; Thence South 46040'20" East, along said Southerly right-of-way line ofl-215, a distance of30.00 feet; Thence South 43019'40" West, a distance of 48.69 feet to said Northeast right-of- way line of Kendall Drive; Thence North 59016'26" West, along said Northeast right-of-way line of Kendall Drive, a distance of30.74 feet to Point of Beginning. Contains 0.0358 acres, more or less. Michael P. Thornton, P.L.S. 6867 LOT 1 3 " " //~ " TRACT NO! 3167 lvI.B. f2/59 , LOT " " 12~ , / P.:cX , N4:~16~,::~:-12 . \, 55.39' SS$}~ , $} '6" , ~ ,<,,,,., ..",u f: k'f:..y, v"'/.( ".( D~ P.O.B. ~~ N59'16'26"W "" 30.74' , , " " , ~ ~ , , ~ , , , , P.O.C. P.O.B. LEGEND POINT OF COMMENCMENT POINT OF BEGINNING EXISTING CENTERLINE EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY PERMANENT EASEMENT TO BE ACQUIRED (0.0358 AC.) ~ TKE ENGINEERING. INC. 4446 CENTRAL A VENUE RIVERSIDE. CA 92506 (951) 680-0440 ERING MICHAEL PATRICK lHORNTON l.S. No. 6867 EXPIRES: 9-30-08 ~ , " ~~ ~ ~J- \ " "" " LOT 1 1 " ,~ I , , " ""z ~ 0; 10' '" ~ , , , , ~ SCALE: 1"=40' EXHIBIT 'B' APN 0261-181-12 PERMANENT EASEMENT SHEET 2 OF 2 Exhibit 2 I' L I ! APN 0261-181-12 Exhibit 'A' Temporary Construction Easement A portion of Lots 9, 10, and 11 of Tract No. 3167, in the City of San Bernardino, County of San Bernardino, State of California per map recorded in Book 42, Page 59, inclusive of Maps, in the office of the County Recorder of said county, said portion of land being more particularly described as follows: Commencing at the most Westerly comer of said Lot II, said point also being on the Northeast right-of-way line of Kendall Drive (50' right-of-way); Thence North 43019'40" East, a distance of 48.69 feet to the Southerly right-of- way line of Interstate 215 Freeway, as shown on California Department of Transportation Map No. 428553, on file in District 8 office; , I [ , I I I I I I Thence South 59016'26" East, along said Northeast right-of-way line of Kendall Drive, a distance of22.15 feet to the Point of BeginnIng; Thence South 46040'20" East, along said Southerly right-of-way line ofI-215, a distance of 217.79 feet to the intersection of said Southerly right-of-way line of 1- 215 and said Northeast right-of-way line of Kendall Drive, as shown on said Map No. 428553; Thence North 59016'26" West, along said Northeast right-of-way line of Kendall Drive, a distance of223.16 feet to the Point of Beginning. Contains 0.1217 acre, more'or less. Michael P. Thornton, P.L.S. 6867 "- ~ LOTJ 2 ~ 0261-181-12 "- "- TRACT NO. 3167 ""- M.B. 42/59 I '" ' ~ N43'19'40"E / " ~ 48.69' i i "- " ~7~ ,,~ ~L ~ " I " " P.O.C. '" S59'16'26"E 22.15' '- P.O.B. ~ ~ " ~ ~ t\1S,9 < '7(S' ~ <J <(S- k; "(S' tv Ct\10 '-~~( , LOT ~ " '- ~ ~ '- " '- P.O.C. P.O.B. LEGEND POINT OF COMMENCMENT POINT OF BEGINNING EXISllNG CENTERLINE EXISllNG RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED (0.1217 AC.) ~ N em SCALE: 1"=40' TKE ENGINEERING, INC. 4446 CENTRAL AVENUE RIVERSIDE, CA 92506 (951) 660-0440 IRING EXHIBIT 'B' MICHAEl PATllICK lHORNTON L.S. No. 6667 EXPIRES: 9-30-08 APN 0261-181-12 TEMPORARY CONSTRUCTION EASEMENT SHEET 2 OF 2