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HomeMy WebLinkAbout26- Public Works File No. 15.02-1081 CITY OF SAN BERNAR' 'NO - REQUEST FOR ^.OUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Hearing on Resolution Determining that the Public Interest and Necessity Requires the Dep.'t: Public Works/Engineering Acquisition of Certain Real Property Along the North Side of 40th Street, West of Date: September 14, 1993 Acre Lane. Synopsis of Previous Council action: 11-18-91 -- Resolution No. 91-464 adopted authorizing execution of Cooperative Agreement with County. 04-24-92 -- Resolution No. 92-145 was adopted authorizing execution of Cooperative Agreement with County and rescinding Resolution No. 91-464. June, 1992 --Allocation of $92,400 approved in ;� Cent Sales Tax 1992/93 Budget under Acct. No. 129-309-57843 10-19-92 -- Resolution No. 92-403, determining fair market value and authorizing payment, was adopted. 12-21-92 -- Resolution 92-471 was adopted, amending fair markets value. 02-07-93 -- Resolution No. 93-333, determining revised fair market value for Parcel One was adopted. Recommended motion: MOTION 1 - That the hearing allowing owners of property located on 40th Street, West of Acre Lane the opportunity to appear and be heard relative to eminent domain proceedings be closed. MOTION 2 - That the attached Resolution be adopted. i cc: Shauna Clark, City Administrator Barbara Pachon , Director of Finance Sign James Penman, City Attorney Les Fogassy 5334 Contact person: Phone: Staff Report, Resolution 4 Supporting data attached: Ward: $ 23,298.00 FUNDING REQUIREMENTS: Amount: 129-309-57843 (� Cent Sales Tax Fund) Source: (Acct No 1 40th St. Right-of-Way - d Ave Acct. Description to Acre Lane Finance: ;0a; Council Notes: 75-0262 Agenda Item No. OUO CITY OF SAN BERNAR[ NO - REQUEST FOROUNCIL ACTION STAFF REPORT On November 11, 1989, Resolution No. 91-464 was adopted authorizing the execution of an agreement with the County of San Bernardino for the acquisition of right of way along 40th Street, from 3rd Avenue to Acre Lane, portions of which are under City jurisdiction and portions under County jurisdiction. On April 24, 1992, Resolution No.92-145 was adopted rescinding Resolution 91-464 and authorizing the execution of an amended agreement. On October 19, 1992, Resolution No. 92-403 was adopted, determining the fair market value for the proposed acquisition of portions of 4 parcels on the North side of 40th Street, West of Acre Lane and on December 21, 1992, Resolution No. 92-471 was adopted amending the fair market values. The proposed take for the parcel located on the Northwest corner of 40th Street and Acre Lane was reduced and the market value revised. The City has successfully negotiated the acquisition of two of the parcels, but the owners of the remaining two are unwilling to settle with the City and eminent domain proceedings will be necessary to complete the acquisition. Adoption of a Resolution of Necessity is the formal legal step under the Eminent Domain Law to commence proceedings. The law requires that the owners be afforded a hearing prior to the adoption of the Resolution in which the following issues need to be determined: (1) whether the public interest and necessity require the project; (2) whether the project is planned or located in the manner that will be compatible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Notice of this hearing was given to each owner, by mail, as shown on Exhibit "C" attached to the proposed Resolution. The hearing is not a place and time to negotiate with owners or hear complaints about the City's appraisal values. We strongly advise that the discussion be limited to matters germane to the three issues outlined above. We recommend that following the hearing, the Mayor and Council adopt the attached Resolution of Necessity. 75-0264 D p 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE 3 ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH 4 STREET, WEST OF ACRE LANE 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That on October 4, 1993, after at least fifteen 7 ( 15) days written notice to the owner of the property listed in 8 Section 3 of this resolution, the Mayor and Common Council held a 9 hearing for the purpose of allowing the owner a reasonable 10 opportunity to appear and be heard on the following matters: 11 a. Whether the public interest and necessity 12 require the project; 13 b. Whether the project is planned or located in the 14 manner that will be most compatible with the greatest 15 public good and the least private injury; and 16 C. Whether the property sought to be acquired is 17 necessary for the project. 18 SECTION 2. The Mayor and Common Council of the City of San 19 Bernardino, as a result of the above hearing, determined that the 20 public health, safety and welfare requires the acquisition by the 21 City of portions of certain parcels of real property, more 22 particularly described in Exhibit "A", and depicted in relation to 23 the proposed project by the map in Exhibit "B", attached and 24 incorporated by reference, for street widening purposes, a public 25 purpose. The acquisition is authorized by Section 19 of Article 26 1 of the California Constitution; Sections 1, 40 and 240 of the 27 City Charter; Section 37350.5 of the California Government Code; 28 RJM:ms[40thSt.res] 1 l 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE 2 ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH 3 STREET, WEST OF ACRE LANE 4 and Sections 1240.010 through 1240.050 of the California Code of 5 Civil Procedure. 6 SECTION 3. The owners of said property to whom notice of 7 said hearing was mailed is set forth on Exhibit "C", attached 8 hereto and incorporated herein by reference. The mailing address 9 of the owner is as shown on the last equalized county assessment 10 roll, as required by law. 11 SECTION 4. The Mayor and Common Council of the City of San 12 Bernardino hereby find and determine and declare that: ( a) the 13 public interest and necessity requires the proposed project and 14 the acquisition by the City of fee simple title in the properties, 15 for public street purposes and all appurtenant uses, (b) the 16 location of the proposed project is planned or located in the 17 manner that will be most compatible with the greatest public good 18 and the least private injury; (c) the properties and the taking of 19 the interest in the properties, as above described, are necessary 20 for the proposed project; and (d) offers required by Section 21 7267. 1 of the Government Code have been made to the owners of 22 record, or the offer has not been made because the owner cannot be 23 located with reasonable diligence. 24 SECTION 5. The Mayor and Common Council of the City of San 25 Bernardino does hereby declare that it is the intention of the 26 City to acquire this property in its name in accordance with the 27 provisions of the laws of the State of California with reference 28 RJM:ms[40thSt.res] 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE 2 ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH 3 STREET, WEST OF ACRE LANE 4 to condemnation procedures. 5 SECTION 6. The property is located in the City of San 6 Bernardino, County of San Bernardino, State of California, and is 7 particularly described and depicted in Exhibits "A" and "B." 8 SECTION 7. The City Attorney, and the law firm of 9 Bruggeman, Smith & Peckham, as Special Counsel, are hereby 10 authorized and directed to prepare, institute and prosecute, in 11 the name of the City, such proceedings, in the court having proper 12 jurisdiction, as may be necessary for the acquisition of the fee 13 interest to these properties. Counsel are also authorized and 14 directed to make a deposit with the court of the sum determined to 15 be just compensation for said property and to request and obtain 16 a necessary court order granting to the City the right of 17 immediate possession and occupancy of the property. Counsel are 18 also authorized to take any action necessary or appropriate to 19 acquire any temporary right of access to the property which may be 20 necessary for construction of any planned improvements. 21 SECTION 8. The City Clerk shall certify to the adoption of 22 this resolution. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a meeting thereof, held on the 26 27 28 RJM:ms[40thSt.res] 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE 2 ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH 3 STREET, WEST OF ACRE LANE 4 day of , 1993, by the following vote, to wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 JERRY M. DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 City Clerk 16 The foregoing resolution is hereby approved this day 17 of 1993. 18 19 Tom Minor, Mayor City of San Bernardino 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN, City Attorney 23 24 By 25 26 27 28 RJM:ms[40thSt.res] 4 0 4 1 EXHIBIT "A" 2 3 4 FEE SIMPLE TITLE to the real property in the City of San Bernardino, County of San Bernardino, State of California, 5 described as: 6 PARCEL ONE: 7 THAT PORTION OF THE SOUTH ONE-FIFTH OF LOT 10, ARROWHEAD SUBURBAN FARMS TRACT "A" , AS PER PLAT THEREOF RECORDED IN BOOK 21 8 OF MAPS, PAGE 6, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 9 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF 10 40TH STREET AND THE EAST LINE OF THE WEST 196.3 FEET OF SAID LOT 10; THENCE NORTH ALONG SAID EAST LINE, A 11 DISTANCE OF 24 FEET; THENCE EAST, ALONG A LINE THAT IS PARALLEL WITH SAID NORTH LINE OF 40TH STREET, TO A 12 POINT THAT IS 23 FEET WEST OF THE WEST LINE OF ACRE LANE; THENCE NORTHEASTERLY, ALONG A STRAIGHT LINE, TO 13 A POINT ON A LINE THAT IS 34 FEET NORTH OF AND PARALLEL WITH SAID NORTH LINE OF 40TH STREET, SAID 14 POINT BEING 13 FEET WEST OF THE SAID WEST LINE OF ACRE LANE; THENCE EAST, ALONG SAID PARALLEL LINE, A 15 DISTANCE OF 13 FEET TO SAID WEST LINE OF ACRE LANE; THENCE SOUTHERLY, ALONG SAID WEST LINE TO SAID NORTH 16 LINE OF 40TH STREET; THENCE WEST ALONG SAID NORTH LINE, TO THE POINT OF BEGINNING. 17 A TEMPORARY CONSTRUCTION EASEMENT to enter upon the 18 following described real property in the City of San Bernardino, County of San Bernardino, State of California, for all necessary 19 purposes incidental to the planned reconstruction and widening of the north side of 40th Street, west of Acre Lane, including but 20 not necessarily limited to, all necessary grading, excavation, driveway adjustment, tree removal, if any, earth backfill 21 operations, and the temporary deposit of tools, equipment, and materials, said real property being described as: 22 PARCEL ONE-TE• 23 THE SOUTH 1/5 OF LOT 10, ARROWHEAD SUBURBAN FARMS, TRACT 24 "A" , IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 6, RECORDS OF SAID COUNTY. 25 EXCEPT THE WEST 196.3 FEET AND THE EAST 20 FEET THEREOF. 26 FEE SIMPLE TITLE to the real property in the City of San 27 Bernardino, County of San Bernardino, State of California, 28 Exhibit "A", Page 1 of 2 p 1 described as: 2 PARCEL THREE: 3 THE SOUTH 20 FEET. OF THE EAST 59. 5 FEET OF THE WEST 152.3 FEET OF THE SOUTH ONE-FIFTH OF LOT 10, ARROWHEAD SUBURBAN FARMS, 4 TRACT "A" , AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 6, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF 5 CALIFORNIA. 6 A TEMPORARY CONSTRUCTION EASEMENT to enter upon the following described real property in the City of San Bernardino, 7 County of San Bernardino, State of California, for all necessary purposes incidental to the planned reconstruction and widening of 8 the north side of 40th Street, west of Acre Lane, including but not necessarily limited to, all necessary grading, excavation, 9 driveway adjustment, tree removal, if any, earth backfill operations, and the temporary deposit of tools, equipment, and 10 materials, said real property being described as: 11 PARCEL THREE-TE: 12 THE EAST 59. 5 FEET OF THE WEST 152.3 FEET OF THE SOUTH ONE- FIFTH OF LOT 10, ARROWHEAD SUBURBAN FARMS, TRACT "A" , AS PER PLAT 13 RECORDED IN BOOK 21 OF MAPS, PAGE 6, RECORDS OF SAID COUNTY. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A", Page 2 of 2 i !3 a v . 23 ' -D �TA1L '•A.� �N its i13.T' .n, crw•i AR EA ro E CLVOM FROM N' µ. 74' A Dfilo.FlAt y • K ar ' ^ IW E ,� • L sr . 3 A E L.L• 90.7 ' z3' "g % 40'r" STREET Ip/Mi- `77m frry PARCEL ONE gmf t�z I-tQVL r,a, = s,S,2XFTER THE TAKE i 4 Exhibit "B", Page 1 I j fN M/a jSIX� -41 a9 SZI 7, 9d fit M/a doad M/a doad J I � N a W LLJ Cc) uj 10 O W _ I 40 t7 N �Q ~rJ d I r I eZ aJ e� W I 2 MM W N - I G � m I h. a = Z a ~ � � n ,86 W ,8ZI I I y H 0 I I OL A ca.Na _ _ oz oa of 3 $ J os � I I o O m z Ip J m , ^ G z I / : J 9 Z 8 96 6 r_ —7 Page 2 Exhibit "B", EXHIBIT "C" -- MAILING LIST OF PROPERTY OWNERS Margaret Mowatt Petersen 460 West 40th Street San Bernardino, CA 92407 0271-021-01 Claudia Rivera, as Trustee for Justin Joseph Laragione 1760 Mulberry Avenue Upland, CA 91786 Claudia Rivera Laragione, as Trustee for Justin Joseph Laragione 831 North Road San Bernardino, CA 92404 0271-021-03 Exhibit "C"