HomeMy WebLinkAbout1985-060
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RESOLUTION NO.
85-60
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RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING
3 APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF VACANT LAND
LOCATED ON THE NORTH SIDE OF PENNSYLVANIA AVENUE EXTENDED,
4 BETWEEN MAGNOLIA AVENUE AND LITTLE LEAGUE DRIVE IN THE CITY OF
SAN BERNARDINO, RATIFYING OFFERS FOR UNDIVIDED INTERESTS BASED ON
5 THE FAIR MARKET VALUE OF SAID PROPERTY, AND MAKING FINDINGS AND
DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN
6 DESCRIBED REAL PROPERTY AT SAID LOCATION FOR A STREET RIGHT OF
WAY AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE AND PROSECUTE
7 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 acquire
street right of way for Perrin Road between Magnolia Avenue and
Little League Drive for emergency vehicles and to serve future
residential development in that area. The City desires to
purchase sufficient property for said street right of way out of
a parcel which is located on the north side of Pennsylvania
Avenue extended between Magnolia Avenue and Little League Drive
and which is owned in undivided interests by Helen Wolloch, James
and Juanita Pollard, Mayer, Ltd., and Marlene Mayer Montoya.
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
$5,000.00 to be the fair market value of the part to be acquired
for the street right of way.
C. City has heretofore given notice to the property owners
that this matter would be heard at 9:00 a.m., on February 4,
1985. Mayer, Ltd., has previously conveyed its interest in the
land needed for right of way to the City. City has offered each
remaining owner a sum equal to the value of that owner's
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proportional interest in the land needed for right of way as just
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compensation for the taking of the land, subject to ratification
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by the Mayor and Common Council.
D. A legal description of that portion of the subject
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property which is required for street purposes is attached
hereto
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forth .1
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as Exhibit "An and incorporated herein as though fully set
SECTION 2. Determination of Fair Market Value.
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It is hereby determined, based upon the appraiser's report
received, that the portion of property required for right of way
for Perrin Road has a fair market value of $5,000.00, 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
$1,666.67 to Helen Wolloch, $1,666.67 to James and Juanita
Pollard, and $833.33 to Marlene Mayer Montoya as just
compensation for the acquisition of that property required for
the Perrin Road street right of way.
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 a street right of way.
SECTION 6. Authority for Eminent Domain.
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The City of San Bernardino is authorized by Section 1,
Article I; Section 40, Article III; and Section 240, Article XIII
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 Findin9s 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 goo
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 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:
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(al 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
resolution prior to judgment and to take any action necessary to
acquire the property.
(bl To take any action necessary or appropriate to
acquire any temporary right of access to the property described
in this resolution and to adjacent property, which rights may be
necessary for construction of any planned improvements.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a rt"glll i'lr meeting thereof, held on the
4t-h day of F'phrlli'lry , 1984, by the following vote, t
wit:
AYES:
Council Members Castaneda Reill
Hernandez
NAYS:
Marks
None
None
uiel Frazier Strickler
ABSENT:
CITY CLERK
The foregoing resolution is
of February , 1985.
-YC:~ da
Bernardino
Approved as to form:
Ce~~~~
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EXHIBIT -A-
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LEGAL DESCRIPTION
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THE LAND REFERRED TO IN THIS RESOLUTION IS SITUATED IN THE STATE
5 OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS
FOLLOWS:
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THE SOUTHWESTERLY 60 FEET OF THAT CERTAIN PARCEL DESCRIBED AS
7 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTIO
36, TOWNSHIP 2 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND
8 MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
SAID CORNER BEING ALSO THE SOUTHEAST CORNER OF LOT 1 OF SAID
9 SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 1, 835 FEE
TO AN INTERSECTION OF SAID SOUTH LINE WITH THAT CERTAIN LINE
10 COMMONLY KNOWN AS THE PERRIN LINE; AS SHOWN ON GOVERNMENT PLAT
THEREOF, APPROVED JUNE 24, 1898; THENCE NORTH 64 DEG. WEST ALONG
11 SAID PERRIN LINE, 145 FEET TO THE TRUE POINT OF BEGINNING; THENC
CONTINUING ALONG THE SAID PERRIN LINE NORTH 64 DEG. WEST 740 FEE
12 TO A POINT; THENCE NORTH 2252 FEET, MORE OR LESS, TO THE NORTH
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 36; THENCE EAST ALONG
13 SAID NORTH LINE 665.1 FEET, MORE OR LESS, TO A POINT DUE NORTH 0
THE TRUE POINT OF BEGINNING; THENCE SOUTH 2576.43 FEET, MORE OR
14 LESS, TO THE TRUE POINT OF BEGINNING.
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EXHIBIT -A-