HomeMy WebLinkAbout1985-017
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RESOLUTION NO. e~ 17
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RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING
3 APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF VACANT LAND
EAST OF WATERMAN AVENUE AND NORTH OF FREEWAY 1-10 IN THE CITY OF
4 SAN BERNARDINO, RATIFYING AN OFFER OF $144,500.00 AS THE FAIR
MARKET VALUE OF SAID PROPERTY, AND MAKING FINDINGS AND
5 DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN
DESCRIBED REAL PROPERTY AT SAID LOCATION FOR THE EASTWARD
6 EXTENSION OF HOSPITALITY LANE AND CONSTRUCTION OF A BRIDGE OVER
SAN TIMOTEO CREEK AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE
7 AND PROSECUTE EMINENT DOMAIN PROCEEDINGS.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
A. A need exists for the City of San Bernardino to extend
Hospitality Lane eastward from Waterman Avenue and across San
Timoteo Creek to serve development which has occurred in that
area. The City desires to purchase sufficient property for said
street extension out of a parcel owned by Evelyn P. Brier, which
is located northeast of the westbound off-ramp from 1-10 at
Waterman Avenue.
B. City has received and studied the appraiser's
determination of the fair market value of the land required for
this street purpose and his reports thereon. The appraisal found
$144,500.00 to be the fair market value of the part to be
acquired for the street extension and bridge construction.
C. City has heretofore given notice to the property owner
through her attorney, Enos Reid of Reid, Babbage & Coil, in
Riverside, California, that this matter would be heard at 9:00
a.m., on January 21, 1985. City has offered the sum of
$144,500.00 as just compensation for the taking of the land
required for the extension of Hospitality Lane and construction
of a bridge over San Timoteo Creek, subject to ratification by
the Mayor and Common Council.
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D. A map describing the portion of the subject property
which is required for street purposes, that portion being marked
as Parcels 1 and 3, is attached hereto as Exhibit "An and
incorporated herein as though fully set forth.
SECTION 2. Determination of Fair Market Value.
It is hereby determined, based upon the appraiser's report
received, that the portion of property required for the extension
of Hospitality Lane has a fair market value of $144,500.00 and
that amount is hereby established as the fair market value for
said property.
SECTION 3. Ratification of Offer.
The Mayor and Common Council hereby ratify the offer of
$144,500.00 to Evelyn P. Brier as just compensation for the
acquisition of that property required for extension of
Hospitality Lane east of Waterman Avenue.
SECTION 4. Requirement for Resolution of Necessity.
This resolution of necessity is adopted pursuant to the
requirements of Article 2 (Sections 1245.210 et seq.) of Chapter
4 of Title 7 of Part 3 of the Code of Civil Procedure of the
State of California.
SECTION 5. Public Use.
The public use for which the property described in this
resolution is to be taken is for extension of Hospitality Lane
eastward from Waterman Avenue to San Timoteo Creek and for a
bridge over San Timoteo Creek in the City of San Bernardino.
SECTION 6. Authority for Eminent Domain.
The City of San Bernardino is authorized by Section 1,
Article I; Section 40, Article III; and Section 240, Article XIII
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of the city Charter of the City of San Bernardino and by
California Government Code Sections 37350.5 and 38010 to acquire
the property described in this resolution by eminent domain for
the public use set forth in this resolution.
SECTION 7. Declaration of Findings and Determination.
The Mayor and Common Council of the City of San Bernardino
find and determine each of the following:
(a) The public interest and necessity require the
proposed project.
(b) The proposed 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 described in the resolution and
sought to be acquired is necessary for the proposed project.
(d) The offer required by Government Code Section
7267.2 has been made to the owner or owners of record and
ratified by the Mayor and Common Council.
SECTION 8. Authorization to City Attorney.
The City Attorney of the City of San Bernardino is directed
to acquire in the name of the City of San Bernardino, the
property described in this resolution for the public use set
forth in this resolution by eminent domain proceedings in
Superior Court in accordance with the Constitution and laws of
the State of California.
The City Attorney is further authorized and empowered to:
(a) Make a deposit with the Court of the probable
amount of compensation and to request and obtain from the Court
an order for possession of the property described in this
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resolution prior to judgment and to take any action necessary to
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acquire the property.
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(b) To take any action necessary or appropriate to
acquire any temporary right of access to the property described
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in this resolution and to adjacent property, which rights may be
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necessary for construction of any planned improvements.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
rpl],11.:=lr
meeting thereof, held on the
, 1984, by the following vote, to
2lst day of
,T.:=ln'l.:=lry
wit:
AYES:
Council Members r~q+aneda, Reilly, HerRaRacE,
Marks, Ouiel. Frazier, Strickler
NAYS:
None
ABSENT:
None
~/74<~~
/' CITY CLERK
of
The foregoing resolution is
Efi'/ day
.T.:=lnll.:=lry
, 1985.
Approved as to form:
~ j/ /70
VP7~/
City At orney
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