HomeMy WebLinkAbout2015-095 1 RESOLUTION NO. 2015-95
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST
4 AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL
PROPERTY LOCATED AT 974 HOME AVENUE, SAN BERNARDINO, CA, FOR THE
5 WATER DEPARTMENT RELATIVE TO THE EPA 109S SHALLOW WELL, IN SAN
BERNARDINO, CA.
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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. The Mayor and Common Council held a Public Hearing on May 4, 2015,
9 for the purpose of allowing the property owner a reasonable opportunity to a pp ear and be heard on
10 the following matters:
11 a. Whether the public interest and necessity require the project;
12 b. Whether the project is planned or located in the manner that will be most
13 compatible with the greatest public good and the least private injury; and
14 c. Whether the property sought to be acquired is necessary for the project.
15 SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a result
16 of the above Public Hearing, determined that the public health, safety and welfare requires the
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17 acquisition by the City of a portion of that certain parcel of real property, more particularly
18 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
19 «B attached and incorporated by reference, for water supply purposes, a public purpose. The
20 acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 1, 40,
21 and 240 of the City Charter; Section 37350.5 of the California Government Code; and Sections
22 1240.010 through 1240.050 of the California Code of Civil Procedure.
23 SECTION 3. Written notice was not given to the owner of the property listed in Section 2
24 of this Resolution because the owner could not be located with reasonable diligence. Prior
25 attempts to send notices to the owner at the mailing address shown on the last equalized county
assessment roll were returned by the postal service. Multiple attempts were made to locate the
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owner, but were unsuccessful. Notice of the Public Hearing regarding the Resolution of Necessity
2 8 was published in the San Bernardino County Sun, Black Voice, El Chicano, and Precinct Reporter
2 8 once a week for two successive weeks preceding the hearing.
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1 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby find
2 and determine and declare that: (a) the public interest and necessity requires the proposed project
3 and the acquisition by the City of San Bernardino of a fee simple interest for public water supply
4 purposes and all appurtenant uses; (b) the location of the proposed project is planned or located in
5 the manner that will be most compatible with the greatest public good and the least private injury;
6 (c) the property and the taking of the interest in the property as above described, is necessary for
7 the proposed project; and (d) offers required by Section 7267.2 of the Government Code to the
8 owners of record were attempted with reasonable diligence.
9 SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby
10 declare that it is the intention of the City to acquire this property in its name in accordance with
11 the provisions of the laws of the State of California with reference to condemnation procedures.
12 SECTION 6. The property is located in the City of San Bernardino, County of San
13 Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" and
«B„
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15 SECTION 7. Special Legal Counsel Redwine and Sherrill ("Counsel") is hereby
16 authorized and directed to prepare, institute and prosecute, in the name of the City, such
17 proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of a
18 portion of this property. Counsel is also authorized and directed to make a deposit with the court
19 of the sum determined to be just compensation for said property and to request and obtain a
20 necessary court order granting the City the right of immediate possession and occupancy of the
21 property. Counsel is also authorized to take any action necessary or appropriate to acquire any
22 temporary right of access to the property which may be necessary for construction of any planned
improvements.
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24 SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST
2 AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL
3 PROPERTY LOCATED AT 974 HOME AVENUE, SAN BERNARDINO, CA, FOR THE
WATER DEPARTMENT RELATIVE TO THE EPA 109S SHALLOW WELL, IN SAN
4 BERNARDINO, CA.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof held
7 on the 4th day of May, 2015, by the following vote, to-wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
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SHORETT X
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NICKEL X
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16 JOHNSON X
17 MULVIHILL X
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19 GeorgeabM Hanna, C' Clerk
20 The foregoing resolution is hereby approved roved this day 2015.
Y o ,
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22
R. CAREY D IS, Mayor
2 3 City of San Bernardino
24 Approved as to form:
GARY D. SAENZ, City Attorney
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26 BY:
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1 EXHIBIT "A"
2 Legal Description
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4 THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
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LOT 20, BLOCK "A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
6 BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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ASSESSOR'S PARCEL NUMBER:0144-221-27-0000
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1 EXHIBIT "B"
2 Plat
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7 [See attached]
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„ EXHIBIT "B” B
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