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CiTO'OF SAN BERNARblO - REQUEO FOR COUNCIL AC,Q.N
From: Ralph H. Prince
Subject:
Eminent Domain Proceedings -_
Rio Vista Park
Dept: City Attorney
Date: July 19, 1985
Synopsis of Previous Council action:
1/9/84
Resolution No. 84-3 was adopted accepting the review
appraiser's determination of fair market value of certain
property located north of Base Line Street.
11/19/84
City Attorney was authorized to condemn the necessary
land for the extension of Rio Vista Park.
7/15/85
Hearing date was set for August 5, 1985, to give
affected property owners opportunity to be heard and to
adopt resolution of necessity for extension of Rio Vista
Park.
Recommended motion:
That the hearing be closed; that further reading of the following
resolution be waived and said resolution be adopted.
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.:A .J ,;y-7--'_~#'-I:"<f
Signature
Contact person:
will iam Sabourin
Phone:
5055
Supporting data attached: Yes
FUNDING REQUIREMENTS: ~ Amount:
Ward: Sixth
$33,750.00
Source: Communi tv Develooment Funds
Finance:
Council Notes:
75.0262
Agenda Item No.
)c5,
C~T<)OF SAN BERNARDI'6 - REQUE~ FOR COUNCIL ACT90N
STAFF REPORT
By action of the Mayor and Common Council taken November 19,
1984, the City Attorney was authorized to condemn the
necessary land for the extension of Rio Vista Park. Lewis
Little, Real Property Engineer, has attempted to purchase the
three parcels involved, securing one of them.
The City must now establish a public necessity for the taking
of the remaining property involved by the adoption of a
resolution of necessity. The City Attorney's Office gave
notice to the persons whose property is to be acquired on
July 2, 1985, advising the persons that the matter will be
before the Mayor and Common Council at their regular meeting
on August 5, 1985, at 9:00 a.m., or as soon thereafter as it
can be heard. They were also advised that the hearing will
be limited under the provisions of Section 1240.030 of the
Code of civil Procedure to the determination of whether the
City's power of eminent domain may be properly exercised to
acquire the additional property for the extension of Rio
Vista Park by establishing the following:
(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.
Upon adoption of the resolution of necessity, the City will
proceed with the filing of a complaint in eminent domain in
Superior Court, and seek immediate possession of the property
upon deposit of the probable amount of just compensation with
the court.
75-0264
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND
DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN
DESCRIBED REAL PROPERTY OR INTEREST THEREIN FOR PARK PURPOSES IN
THE CITY OF SAN BERNARDINO AND AUTHORIZING THE CITY ATTORHEY TO
COMMENCE AND PROSECUTE EMINENT DOMAIN PROCEEDINGS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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A. On January 9, 1984, the City adopted Resolution No. 84-3,
9 which resolution accepted the review appraiser's determination of
10 fair market value of certain property located north of Base Line
11 Street, between California Street and Pennsylvania Avenue, in the
12 City of San Bernardino, Cal i fornia, and certified the work of the
13 appraiser.
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B. On November 19, 1984, the City Attorney was authorized to
15 condemn the necessary land for the extension of Rio Vista Park.
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C. Written notice, pursuant to Code of Civil Procedure
17 Section 1245.235, has been given by first class mail to each
18 person whose property is to be acquired.
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D. Fifteen days have elapsed since such notice was mailed
giving notice that each person has the right to appear and be
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i heard on matters referred to in Code of Civil Procedure Section
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; 1245.230.
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i! E. The Mayor and Common Council have held a hearing on
i! August 5, 1985, at which time each person whose property is to be
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II acquired was
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!i SECTION 2. Requirement
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~reso utlon 0 necessIty
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,lSections 1245.210, et seq.. of the
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of I
Code of Civil Procedure of the i
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given the right to appear and be heard.
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for Resolution of Necessity.
This
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is adopted pursuant to the requirements
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State of California.
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SECTION 3. Public Use. The public use for which the
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property described in this resolution is to be taken is for the
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!extension of Rio Vista Park located between California Street and
!ipennSYIVania Avenue, approximately 300 feet north of Base Line
iStreet.
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i SECTION 4. Authority for Eminent Domain. The City of San
~Bernardino is authorized by Section 1, Article I~ Section 40,
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~Article III~ and Section 240, Article XIII of the City Charter of
lthe City of San Bernardino~ and by California Government Code
ISections 37350.5 and 38010 to acquire the property described in
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'I! th~s reSolut~on by eminent domain for the public use set forth in
~thls resolution.
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'1 SECTION 5.
I eminent domain
. resolution and
Description.
The property to be acquired by
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is described in Exhibit "A" attached to this
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incorporated herein by this reference.
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SECTION 6. Declaration of Findings and Determination. The
18 !Mayor and Common Council of the City of San Bernardino find and
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19 Idetermine each of the following:
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20 A. The public interest and necessity require the proposed
21 project.
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B. The proposed project is planned or located in the manner
23 that will be most compatible with the greatest public good and the
24 least private injury.
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C. The property described in this resolution and sought to
26 be acquired is necessary for the proposed project.
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SECTION 7. Authorization to City Attorney. The City
28 Attorney of the City of San Bernardino is directed to acquire in
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the name of the City of San Bernardino, the property described in
2 this resolution for the public use set forth in this resolution by
3 eminent domain proceedings in Superior Court in accordance with
4 the Constitution and laws of the State of California.
5 I The City Attorney is further authorized and empowered to
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make a deposit with the Court of the probable amount of
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[compensation and to request and obtain from the Court an order for
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ipossession of the property described in this resolution prior to
IjUd9ment and to take any action necessary to acquire the property.
I I HEREBY CERTIFY that the foregoing resolution was duly
ladopted by the Mayor and Common Council of the City of San
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12 IBernardino at a
13 ithe day of
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;
14 to wit:
meeting thereof, held on
, 1985, by the following vote,
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AYES:
Council Members
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NAYS:
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ABSENT:
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IjApproved as to form:
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Ii hG~';--~J^ _/7 C)
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i'City A orney
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City Clerk
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The foregoing resolution is hereby approved this
day
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, 1985.
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Mayor of the City of San Bernardino
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1 TITLE IN FEE
2 Fee title to the following described property located in the City
3 of San Bernardino, County of San Bernardino, State of California:
4 PARCEL NO.1:
5 The south 190 feet of Lot 7 of H. H. Linville Subdivision. in the
6 City of San Bernardino, as per plat recorded in book 8 of Maps,
7 page 47, records of said County.
8 Except therefrom the west 300 feet.
9 Also excepting therefrom the south 50 feet of the east 150 feet.
10 PARCEL No.2:
11 All of Lot 7 of H. H. Linville Subdivision, as per plat recorded
12 in book 8 of Maps, page 47, records of said County.
13 Excepting therefrom the west 300 feet.
14 Also excepting therefrom the south 190 feet thereof.
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281
EXHIBIT "A"
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C)
GAROIN APPRAOALS
BUSINESS VALUATIONS
P. O. BOX 11325
11715 N. "D" ST.
SAN BERNARDINO. CALIFORNIA 112412
(714) B815-01134
June 26, 1984
Charles and Ruth Keith
1380 W. 10th. Street
San Bernardino, Calif.
Dear Mr. 8< l'Irs. Kei th:
As you requested I reviewed the appraisal report provided to you
by the City of San Bernardino,
concerning their proposed
condemnation of your property. The report made by Edward G.
Grigsby, was basicly accurate in all respects e>lcept it neglected
to make the adjustments of 1;ime., size, location and development
compl eted in the ay.ea. These adj ustments are very standard
procedures in appraising and definitely should have been given
consideration in this instance.
After a visit to the subject property and review of the
comparables used in the Grigsby report I have placed a "Fair
Market Value" of $27,400.00 (Exhibit A Attached) on the property.
It might be noted that this value would be consistant with an
average annual return of approximately 8.5Y. based on y~ur
pLlrchase price of the property approximately 20 years ago.
However it does not include monies spent on ta>les and annual
maintenance during that period of time.
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GOODWILL a COMMERCIAL VALUATIONS . EXPERT COURT TESTIMONY . MINORITY INTEREST DISCOUNTS
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Please review Exhibit A attached herein. I have provided Redwine
and Sherrill Attorneys at Law in Riverside with a copy of my
report. As I advised you, I have worked with the firm in the past
concerning like problems and was impressed with the manner in
which they perform. They have several people within the firm who
specialize in condemnation matters.
Please advise me if a full detailed appraisal study will be
needed and of course I will credit you for the $325.00 paid in
this review. If a full study is needed I would estimate the cost
at between $700.00 and. $800.00 plus $600.00 per day, court
testimony time.
Sincerely,
B. M. Garvin
Garvin Appraisals
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EXHIBIT A
KEITH PROPERTY
SUBJECT COMP. 4U COMP.4t2
DATE OF SALE 4-4-61 (1) 8:"'17-81
Size 1.03 4.44 acres 6 acre
L.P.P.F. .414 .363
Difference Corner Across
Square Footage 44,867 193,406 261,360
ADJUSTMENTS
Time
Size
Developed Area
Location (Note 2)
+H5r.
+20r.
+20r.
- 0 -
+15r.
+25r.
+20r.
- 0 -
Totals
55r.
60r.
.
P.S.F.
.57
.64
.58
Subjects Value
$27,400
.=...II:C_
NOTE 1
Property resold 6-17-81, highly unlikely for same price.
NOTE 2 The area was developing making subjects value more, plus
the subjects location neMt to a park is a plus for developing
into re.idential type.
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14)-211-0) (WI LSFORD) West )00 feet of lot 7
14)-211-11 (KEITH) Lo~ 7 Execpt W)OO ft .. S.190 ft
14)-211-12 (SQ~IRES) S. 190 ft of lot 7 Except W )00 ft and.
Except .S 50 ft of E 150 ft
FILE NO 15.05-153
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