HomeMy WebLinkAbout8503
9',
)I
101
,I
,I
,
111
121
1
131
I
14:
I
I
15
16
17
18
19
201
21
22
23
24-
25
26
27
28
29
30
31
32
1
2
3
I
4
RESOLurION NO. ff ~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO FINDING. DETERMINING AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT
OOMAIN OF A CERTAIN SLOPE EASEMENT FOR STREET AND HIGHWAY PURPOSES
FOR THE IMPROVEMENT OF PEPPER AVENUE. SOUTH OF MILL STREET. IN
THE CITY OF SAN BERNARDINO.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 ' CITY OF SAN BERNARDINO AS FOLLOWS:
7;
8'
i
SECTION ONE: The Mayor and Common Council of the City
of San Bernardino find, determine and hereby declare that:
(1) The public interest and necessity require the acqui-
sition, construction and completion of a public tmprovement, to-wit
a slope easement for public street purposes for the improvement
of Pepper Avenue, south of Mill Street. in the City of San Bernar-
dino upon, over and across that certain real property hereinafter
described in this resolution;
(2) For the acquisition, construction and completion
of a slope embankment adjacent to Pepper Avenue, it is necessary
that said city acquire and take the following described slope
easement for street and highway purposes in, through, over, along
and across that certain real property situate in the City of San
Bernardino, County of San Bernardino, State of California, more
particularly described as follows, to wit:
All that portion of Lot 136, TOWN OF RIALTO
AND ADJOINING SUBDIVISIONS, as per plat
recorded in Book 4 of Maps, page 11, records
of said County, lying Easterly of the follow-
ing described line:
BEGINNING at the intersection of the South
line of said Lot 136 with a line that is
81.00 feet West of and parallel with the
centerline of existing Pepper Avenue,
60.00 feet widei' thence North 660.00 feet
along said para lel line to a point in the
North line of said Lot 136.
EXCEPT therefrom any portion lying within
existing Pepper Avenue, 60.00 feet wide.
(3) That said slope easement in and on said real pro-
perty is necessary for the acquisition, construction and comple-
tion of such public street; and
6
7
8
9
I
lol
111
I
I
121
1311
I
14!
15il
16il
I,
1711
'I
1811
"
ii
1911
2011
21
22
23
24
25
26
27
L
(4) Said slope easement is planned in a manner which
2 will be most compatible with the greatest public good, and the
3 least private injury.
4
SECTION TWO: The City Attorney of the City of San Bernar-
5 dino is hereby authorized and empowered:
(1) To acquire, in the name of the City of San Bernardino
said slope easement for street and highway purposes, by condemna-
tion in accordance with the provisions of the Code of Civil Proce-
dure and of the Constitution of California relating to eminent
domain;
(2) To prepare and prosecute, in the name of the City
of San Bernardino, such proceeding or proceedings in the proper
court having jurisdiction thereof as are necessary for such acqui-
sition;
(3) To make application to said Court for an order fixing
the amount of such security in the way of money deposits as said
Court may direct, and for an order permitting said City to take
immediate possession and use of said real property, or interests
in real property; and
(4) To make deposit of such security out of proper funds
in such amount so fixed and determined, and in such manner as
said Court in which such condemnation proceedings are pending
may direct.
I HEREBY CERTIFY that the foregoing ~eslllfuut:tnn was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at a
the&day
~
meeting thereof, held on
, 1967 by the following vote,
28 to wit:
29
30
31
32
'.
AYES:
/
, ,j.';
'i,""
.
.t,
,,.,,
NOES: .
ABSENT:
f:
fl4-~ e:-a~-~
ity Clerk
-2-
2
3
4:
!
5
91
10!
i
111
i
12'
"
il
13!
I
,
,
141
15:1
:I
"
161!
:1
17!1
lsl!
Ii
"
19 d
il
20 i
i
21
22
23
24
25
26
27
28
29
30
31
32
I
I -
,
I
I
I
1
17 The foregoing resolution is hereby approved this ~7~y
/L
of ((:t4f,n'.J1-- ,1967.
6
7
8
Approved as to form:
~ <t#3,~
<6 ty torn'ey
FILED
JAM 1 8 1961
+t~" __CIIrl
.JJ., , 1 4.
vir ~~~
Mayor 0 the ity of an B nardino