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RESOLUTION NO. /,;:?74L4
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING, DETERMIN-
ING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND
3 NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
PARCELS OF REAL PROPERTY. IN FEE SIMPLE FOR STREET AND HIGHWAY
4 PURPOSES FOR THE IMPROVEz.4INT OF THE MILL STREET OVERPASS BETWEEN
MT. VERNON AVENUE AND PENNSYLVANIA AVENUE IN THE CITY OF SAN
5 BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The public interest, convenience, and necessity
of the City of San Bernardino and the inhabitants thereof require
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the construction, completion and improvement of a public improve-
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ment, to wit: certain parcels of real property in fee simple to
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be used for public street and highway purposes for the construc-
tion and improvement of the Mill Street Overpass between Mt.
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Vernon Avenue and Pennsylvania Avenue within the City of San
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Bernardino, California.
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SECTION 2. The public interest, convenience and necessity
17 of said City and the inhabitants thereof demand the acquiring and
18 taking of the hereinafter described parcels of real property in
19 fee for street and highway purposes for the construction and com-
20 pletion of the Mill Street Overpass and appurtenances thereto on
21 said property together with the privilege and right of temporary
22 use of adjacent working areas.
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SECTION 3. The property sought to be condemned is here-
24 after described in separate parcels designated parcels 1, 2, 3 and
25 4 as follows:
26 PARCEL NO.1.
27 All that property in the City of San Bernardino,
County of San Bernardino, State of California,
28 described as follows:
That portion of Lot 3 in Block 66, according to the
map of Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
Beginning at a point in the south line of Lot 3,
said point being north 890 57' 13" east (rec. S890
58' E) 268.18 feet from the southwest corner of the
land deeded to George N. Voss by J. B. and J. D.
Shepardson, by Deed recorded August 19, 1912dn Book
511 of Deeds, page 220; thence north 190 22' 47"
west (rec. N19018'W) 50.01 feet; thence south 830 05'
36" east 196.06 feet more or less, to a point in a
line which is parallel with and distant 75.00 feet
southwesterly from the center line of Lytle Creek
Storm Channel as located by the United States Corps
of Engineers; thence along said parallel line south
230 47' 16" east (rec. S23042' 29"E) (United States
Engineers bearing south 230 OS' 58" east) a distance
of 25.63 feet, more or less to the south line of
said Lot 3; thence along said south line south 890
57' 13" west (rec. N89058'W) a distance of 188.38
feet more or less (rec. 170' mil to the Point of
Beginning; containing an area of 0.1516 acre more or
less. .
PARCEL NO.2.
All that property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
All that portion of Parcels No. 1 and 3 of Parcel Map
No. 2951, as per plat thereof filed in Book 25 of Parcel
Maps, page 78, records of the County Recorder of said
County which lies within the following described land:
That portion of Parcel Map No. 2951 as per plat there-
of filed in Book 25 of Parcel Maps, page 78, records
of said County and being described as that portion of
Lot 8, Block 82 of the Rancho San Bernardino, in the
City of San Bernardino, County of San Bernardino, State
of California, as per map or plat recorded in Book 7
of Maps, page 2, records of said County, described as
follows:
Commencing at the northwest corner of said Lot 8, thence
north 890 55' 30" east (rec. N 890 56' 52" E), along
the north boundary line of said Lot, 33.00 feet to the
true Point of Beginning; thence south 00 04' 30" east,
(rec. N 00 01' 00" W) parallel with the west boundary
line of said Lot, 398.01 feet to a non-tangent curve
having a radius of 187.00 feet and whose center bears
north 890 55' 30" east; thence northeasterly along
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said curve to the right through a central angle of 980
00' 04" an arc distance of 319.85 feet to a point of
tangency with a second curve whose-radius is 93.00
feet and whese center bears north 70 55' 04" east;
thence northeasterly along the second named curve to
the left through a central angle of 1150 18' 22" an
arc distance of 187.16 feet; thence tangent to the
second-named curve north 170 22' 47" west 45.42 feet
to a point of tangency with a third curve which has a
radius of 17.00 feet and whose center bears north 720
37' 13" east; thence northeasterly along the third
named curve to the right through a central angle of
900 38' 07" an arc distance of 26.89 feet to a pc:lint
of tangency with a fourth curve which has a radius of
1388.75 feet and whose center bears south 160 44' 40"
east; thence northeasterly along said fourth curve to
the right through a central angle of 40 44' 20" an
arc distance of 114.87 feet to a point in the north
boundary line of said Lot 8; thence south 890 55' 30"
west, along said north boundary line, 423.88 feet to
the true Point of Beginning; containing an area of
1.6921 acres more or less~
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PARCEL NO.3.
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All that property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
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That portion of Parcel No. 1 of Parcel Map No. 2951
as per plat thereof filed in Book 25 of Parcel Maps,
page 78, records of the County Recorder of San
Bernardino County, State of California, described as
follows:
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Commencing at the northwest corner of Lot 8, Block 82,
Rancho San Bernardino as per plat thereof recorded in
Book 7 of Maps, page 2, records of the County Recorder,
of said County; thence north 890 55' 30" east (rec.
N890 56' 32"E) along the north boundary line of said
Lot 8, a distance of 33.00 feet; thence south ~~ 04'
30" east, (rec. NOo 01' OO"W) parallel with the west
line of said Lot 8, a distance of 398.01 feet to the
beginning of a reverse tangent curve, concave south-
e<l,sterly and having a radius of 187.00 feet, a radial
line of said curve at said point bears north ~90 55'
30" east; thence northeasteJ;ly along said curv.e through
a central angle of 980 00' 04'~, a distance of 319. 85
feet to the beginning of a reverse curve, concaVe
northwesterly and having a radius of 93.00 feet; thence
northerly along said curve through a central angle of
070 55' 34", a distance of 12.86 feet to the true
point of beginning; thence continuing along said last
mentioned curve through a central angle of 1070 22'
48" a distance of 174.30 feet; thence north 170 22' 47"
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west, a distance of 45.42 feet to the beginning of a
tangent curve, concave southeasterly and having a
radius of 17.00 feet; thence northeasterly along said
curve through a central angle of 900 38' 07", a
distance of 26.89 feet to the beginning of a com-
pound curve, concave southeasterly and having a
radius of 1388.75 feet; thence northeasterly along
said curve to its intersection with the east line of
said Parcel No.1; thence south 00 01' 00" east along
said east line to its :"irr.terseetiDnt with a line which
is drawn north 890 55' 30" east from the true point
of beginning; thence south 890 55' 30" west along said
line to the True Point of Beginning.
PARCEL NO.4.
All that property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
All that portion of Parcel No. 2 of Parcel Map No.
2951, as per plat thereof filed in Book 25 of Parcel
Maps, page 78, records of the County Recorder of
said County which lies within the following described
land:
That portion of Parcel Map No. 2951 as per plat there-
of filed in Book 25 of Parcel Maps, page 78, records
of said County and being described as that portion of
Lot 8, Block 82 of the Rancho San Bernardino, in the
City of San Bernardino, County of San Bernardino,
State of California, as per map or plat recorded in
Book 7 of Maps, page 2, records of said County, des-
cribed as follows:
Commencing at the northwest corner of said Lot 8,
thence north 890 55' 30" east (rec. N 890 56' 52" E),
along the north boundary line of said Lot, 33.00 feet
to the true Point of Beginning; thence south 00 04'
3D" east, (rec. N. 00 01' 00" W) parallel with the
west boundary line of said Lot, 398.01 feet to a non-
tangent curve having a radius of 187.00 feet and whose
center bears north 890 55' 3D" east, thence north-
easterly along said curve to the right through a
central angle of 980 DO' 04" an arc distance of 319.85
feet to a point of tangency with a second curve whose
radius is 93.00 feet and whose center bears north 70
55' 04" east; thence northeasterly along the second
named curve to the left through a central angle of
1150 18' 22" an arc distance of 187.16 feet; thence
tangent to the second named curve north 17 o. 22' 47"
west 45.42 feet to a point of tangency with a third
curve which has a radius of 17.00 feet and whose
center bears north 720 37' 13" east; thence north-
easterly along the third named curve to the right
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through a central angle of 900 38' 07" an arc distance
of 26.89 feet to a point of tangency with a fourth
curve which has a radius of 1388.75 feet and whose
center bears south 160 44' 40" east; thence north-
easterly along said fourth curve to the right through
a central angle of 40 44' 20" an arc distance of .
114.87 feet to a point in the north boundary line of
said Lot 8; thence south 890 55' 30" west, along said
north boundary line, 423.88 feet to the true Point of
Beginning; containing an area of 1.6921 acres more or
less.
SECTION 4. The taking and acquiring by said City of the
property hereinbefore described is deemed necessary for the con-
struction, operation and maintenance of said public street and
appurtenances thereto by the City of San Bernardino and the in-
habitants thereof for a municipal purpose; such use is a public
use, and that for such public use it is necessary that the City
of San Bernardino condemn and acquire said property; said property
is to be used for construction and maintenance of said public
street and highway and appurtenances thereto.
SECTION 5. That said street improvements are planned in a
manner which will be most compatible with the greatest public
good and the least private injury.
SECTION 6. The City Attorney of the City of San Bernardino
is hereby authorized and empowered:
(1) To acquire, in the name of the City of San Bernardino
said easement for street and highway purposes, by condemnation in
accordance with the provisions of the Code of Civil Procedure 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
acquisition;
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(3) To make application to said court for an order fixing
2 the amount of such security in the way of money deposits as said
3 court may direct, and for an order permitting said City to take
4 immediate possession and use of said real property, or interests
5 in real property;
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(4) To make deposit of such security out of proper funds
7 in such amount so fixed and determined, and in such manner as said
8 court in which such condemnation proceedings are pending may
9 direct; and
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(5) To take any other action necessary to carry out the
11 acquisition of the properties sought to be condemned and to acquir
12 all temporary rights of access necessary for the construction of
13 the planned improvements.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
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The foregoing resolution is hereby
.~, ' 1976.
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Bernardino at a
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on the .::</~ day of
18 vote, to wit:
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AYES:
Councilmen
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NAYS: ~
ABSENT: ~, ./
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meeting thereof, held
, 1976, by the following
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c~ty
~3iJ day
an Bernard~no
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