HomeMy WebLinkAbout2015-143 I RESOLUTION NO. 2015-143
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST
3 AND NECESSITY REQUIRE THE ACQUISITION OF A PERMANENT EASEMENT
4 AND A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF
CERTAIN REAL PROPERTY LOCATED SOUTHWESTERLY OF CAJON
5 BOULEVARD AND NORTHERLY OF KENWOOD AVENUE,KNOWN AS ASSESSOR'S
PARCEL NUMBER 0349-101-25-0000, UNINCORPORATED SAN BERNARDINO
6 COUNTY, CALIFORNIA, FOR THE WATER DEPARTMENT RELATIVE TO THE
KENWOOD WELL FIELD 20" TRANSMISSION MAIN PROJECT, IN SAN
7 BERNARDINO COUNTY, CALIFORNIA.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
9 SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The Mayor and Common Council held a Public Hearing on July 6, 2015, for
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the purpose of allowing the property owner a reasonable opportunity to appear and be heard on the
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following matters:
13 a. Whether the public interest and necessity require the project;
14 b. Whether the project is planned or located in the manner that will be most
15 compatible with the greatest public good and the least private injury; and
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c. Whether the property sought to be acquired is necessary for the project.
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SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a result
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of the above Public Hearing, determined that the public health, safety and welfare requires the
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acquisition of a permanent easement and a temporary construction easement by the City over a
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portion of that certain parcel of real property for water supply purposes, a public purpose. The real
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property is described in Exhibit "I"; the permanent easement and the temporary construction
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easement are described in Exhibit "A"; and the permanent easement and the temporary
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construction easement are depicted in the maps in Exhibit `B." All referenced Exhibits are
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attached and incorporated herein by reference. The acquisition is authorized by Section 19 of
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Article 1 of the California Constitution; Sections 1, 40, and 240 of the City Charter; Section
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37350.5 of the California Government Code; and Sections 1240.010 through 1240.050 of the
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California Code of Civil Procedure.
—1—
I SECTION 3. On June 1, 2015, a Notice of Hearing was mailed regarding the intent of the
2 Mayor and Common Council to adopt a Resolution of Necessity for acquisition by eminent
3 domain of the real property interests described in Exhibits "A" and "B," which Notice of Hearing
4 is attached hereto as Exhibit "C" and is incorporated herein by this reference. Said Notice of
5 Hearing was mailed to all persons whose names appear on the last equalized County Assessment
6 Roll as having an interest in the property described in Exhibit"1," and to the address appearing on
7 said Roll. The Notice of Hearing advised said persons of their right to be heard on the matters
8 referred to therein on the date and at the time and place stated therein.
9 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby find
10 and determine and declare that: (a) the public interest and necessity requires the proposed project
11 and the acquisition by the City of San Bernardino of a permanent easement and a temporary
12 construction easement over the property for public water supply purposes and all appurtenant uses;
13 (b) the location of the proposed project is planned or located in the manner that will be most
14 compatible with the greatest public good and the least private injury; (c) the property and the
15 taking of the interest in the property as above described, is necessary for the proposed project; and
16 (d) offers required by Section 7267.2 of the Government Code have been made to the owners of
17 record.
18 SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby
19 declare that it is the intention of the City to acquire a permanent easement and a temporary
20 construction easement for water supply purposes over this property in its name in accordance with
21 the provisions of the laws of the State of California with reference to condemnation procedures.
22 SECTION 6. The easement is being acquired pursuant to Code of Civil Procedure Section
23 1240.510 for a public use set forth herein which is compatible with the existing public use. The
24 Mayor and Common Council further finds and determines that insofar as said parcel has
25 previously been dedicated to other public uses, the acquisition and use of said easement will not
26 unreasonably interfere with or impair the continuance of the public use as it exists or may
27 reasonably be expected to exist in the future as required by Code of Civil Procedure Section
-- 1240.510.
—2—
1 SECTION 7. The property is located in the County of San Bernardino, State of
2 California, and is particularly described in Exhibit"1."
3 SECTION 8. Special Legal Counsel Redwine and Sherrill ("Counsel") is hereby
4 authorized and directed to prepare, institute and prosecute, in the name of the City, such
5 proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of a
6 permanent easement and a temporary construction easement for water supply purposes over a
7 portion of this property. Counsel is also authorized and directed to make a deposit with the court
8 of the sum determined to be just compensation for said property and to request and obtain a
9 necessary court order granting the City the right of immediate possession and occupancy of the
10 property. Counsel is also authorized to take any action necessary or appropriate to acquire any
11 temporary right of access to the property which may be necessary for construction of any planned
12 improvements.
13 SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT
2 OVER A PORTION OF CERTAIN REAL PROPERTY LOCATED SOUTHWESTERLY OF CAJON
BOULEVARD AND NORTHERLY OF KENWOOD AVENUE, KNOWN AS ASSESSOR'S PARCEL
3 NUMBER 0349-101-25-0000, UNINCORPORATED SAN BERNARDINO COUNTY, CALIFORNIA, FOR
THE WATER DEPARTMENT RELATIVE TO THE KENWOOD WELL FIELD 20" TRANSMISSION
4 MAIN PROJECT,IN SAN BERNARDINO COUNTY,CALIFORNIA.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 6th
8 day of July, 2015,by the following vote, to-wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ X
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12 BARRIOS X
13 VALDIVIA X
14 SHORETT X
15 NICKEL X
16 JOHNSON X
17 MULVIHILL X
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20 Georgeann 6fanna, CMC,ttity Clerk
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The foregoing resolution is hereby approved this day of July, 20,15.
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24 R. CAREY DAVL , Mayor
City of San Bern dino
25 Approved as to form:
GARY D. SAENZ, City Attorney
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27 By: �
—4—
I EXHIBIT 441"
2
3 LEGAL DESCRIPTION
4
5 The Northeast Quarter of the Northwest Quarter and Government Lot 1, both in Section
6 29, Township 2 North, Range 5 West of the San Bernardino Base and Meridian, all in
the County of San Bernardino, State of California, according to the Official Plat of said
7 lands filed in the District Land Office, December 19, 1900.
8 Except that portion thereof described in the Deed to Nathan J. Kunzman and wife,
9 recorded August 16, 1948 in Book 2278, Page 442, of Official Records.
10 Also except that portion thereof described in the Deed to E.P. Dorr, recorded July 7,
1949 in Book 2429, page 502 of Official Records.
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12 Also except that portion thereof as conveyed to the County of San Bernardino by the
Deed recorded November 17, 1949 in Book 2489, Page 18 of Official Records.
13
Also except that portion thereof as described in the Deed to William Arant, recorded
14 September 7, 1950 in Book 2635, page 132, Official Records.
15 Also except that portion thereof as described in the Final Order of Condemnation in
16 favor of the State of California recorded June 24, 1952 in Book 2973, Page 528 of
Official Records.
17
18 Also except that portion thereof as described in the Deed to Nathan J. Kunzman and
wife, recorded July 16, 1951 in Book 2794, Page 163 of Official Records.
19
Also except that portion of the Northeast Quarter of the Northwest Quarter of Section 29,
20 Township 2 North, Range 5 West, San Bernardino Base and Meridian, lying
21 Southwesterly from the following described line:
22 Beginning at a point in the West line of said Northeast Quarter of the Northwest Quarter
of Section 29, distant South 0° 23' 36" West along said West line, 788.68 feet from the
23 Northwest corner of said Northeast Quarter of the Northwest Quarter;
Thence South 76° 38' 40" East, 298.15 feet;
24 Thence South 59' 01' 19" East, 348.28 feet;
25 Thence South 62' 26' 30" East, 308.06 feet;
Thence South 58° 14' 38" East, 267.44 feet, more or less, to the point of termination in
26 the Westerly prolongation of the South line of Government Lot 1 of said Section 29,
27 distant along said Westerly prolongation, North 89° 56' 00" West 235.82 feet from the
Southeast corner of said Northeast Quarter of the Northwest Quarter of Section 29.
1 Also except that portion thereof described in Deed to the State of California recorded
April 27, 1933 in Book 888, Page 53 of Official Records.
2
Also except that portion thereof described in Deed to Johannes M. Jensen and Genevieve
3 M. Jensen recorded December 24, 1948 in Book 2339, Page 306 of Official Records.
4 Also except that portion thereof described in Deed to the State of California recorded
5 September 24, 1968 in Book 7098, Page 966 of Official Records.
6 Also except that portion lying North and East of the Southwest line of the land conveyed
7 to Southern California Gas Co. and Southern Counties Gas Co. of California recorded
October 31, 1968 in Book 7120, Page 786 of Official Records.
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EXHIBIT "A"
Legal Description
-Permanent Easement-
[See attached]
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT EASEMENT
ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, BEING A PORTION OF THE NORTH WEST QUARTER OF SECTION 29, TOWNSHIP 2
NORTH, RANGE 5 WEST, SBM, AND AS DESCRIBED IN DEED RECORDED JUNE 30, 1994 AS
DOCUMENT NO. 94288269, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 25 FEET WIDE, LYING 12.5 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT A 3 INCH IRON PIPE WITH BRASS CAP STAMPED BLM 1/16 COR SECTION 20-29
MARKING THE WEST ONE SIXTEENTH CORNER OF SAID SECTION 29;
THENCE NORTH 89'30'04'' EAST ALONG THE NORTHERLY LINE OF SAID SECTION 29, A
DISTANCE OF 149.60 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF CALIFORNIA HIGHWAY
15 (CAJON BLVD) AS SHOWN ON CALTRANS RIGHT OF WAY MAP 51903-02;
THENCE SOUTH 52°31'40" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY, A DISTANCE
OF 6.32 FEET TO A 6'X 6° CONCRETE POST WITH NAIL MARKING STATION 121+97.31 AS
SHOWN ON SAID MAP;
THENCE SOUTH 52°31'40" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY, A DISTANCE
OF 1184.43 FEET;
THENCE SOUTH 36°48'04'WEST,A DISTANCE OF 100.01 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 36°48'04"WEST, A DISTANCE OF 371.79 FEET TO THE TERMINUS OF SAID
STRIP.
CONTAINING 0.21 ACRES, MORE OR LESS,
SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
LUDWIG ENGINEERING ASSOCIATES, INC.
PREPARED BY ME OR UNDER MY SUPERVISION 4�p1_ LAS
T BTU�SG�
�Z' Cr PLS No. 8549
Scott Sturm, PLS 8549 Date ExP.12-31-f4
C A�-
:':pinns\sbmwd-kemc xd 20 inch dip stakin; niul IepW.xibern trust prupem pennanent easentcat_legal description.doc
EXHIBIT `B"
Plat
-Permanent Easement-
[See attached]
LA
EXHIBIT " B" S.��SG�
BEING A PORTION OF THE NW 114 SECTION 29
T . 2N- R. 5W. , S. B. M.
PLS No. 8549 :D
3"IP-BRASS CAP QLM ",, Exp.12-31!-4194
1/16 COR. SEC. 20-29
C:'o
N89*30'04'E 149.60
6X6 POST W/NAIL-
Poc AL ANS MON.
121+97.31
ol
0,9 ti
10�e TPOB
/// S8MWD 50' WIDE TEMP.
CONSTRUCTION CASCMCNT
TERMINUS
SBMWD 25' WIDE
I PERMANENT EASEMENT
GRAPHIC SCALE 1 "=100 ,
0 100 200 300
EXHIBIT "A"
Legal Description
-Temporary Easement-
[See attached]
EXHIBIT"A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, BEING A PORTION OF THE NORTH WEST QUARTER OF SECTION 29, TOWNSHIP 2
NORTH, RANGE 5 WEST, SBM, AND AS DESCRIBED IN DEED RECORDED JUNE 30, 1994 AS
DOCUMENT NO. 94-288269, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 50 FEET WIDE, LYING 25 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT A 3 INCH IRON PIPE WITH BRASS CAP STAMPED BLM 1/16 COR SECTION 20-29
MARKING THE WEST ONE SIXTEENTH CORNER OF SAID SECTION 29,
THENCE NORTH 89°30'04" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 29,A
DISTANCE OF 149.60 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF CALIFORNIA HIGHWAY
15 (CAJON BLVD)AS SHOWN ON CALTRANS RIGHT OF WAY MAP 51903-02;
THENCE SOUTH 52°31'40" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY, A DISTANCE
OF 6.32 FEET TO A 6" X 6" CONCRETE POST WITH NAIL MARKING STATION 121+97.31 AS
SHOWN ON SAID MAP;
THENCE SOUTH 5231'40" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY, A DISTANCE
OF 1184.43 FEET;
THENCE SOUTH 36°48'04"WEST, A DISTANCE OF 100.01 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 36 048'04"WEST, A DISTANCE OF 371.79 FEET TO THE TERMINUS OF SAID
STRIP.
CONTAINING 0.43 ACRES, MORE OR LESS,
SEE EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF.
LUDWIG ENGINEERING ASSOCIATES, INC.
PREPARED BY ME OR UNDER MY SUPERVISION O�p� LA�y�
T ST�'�SG9
c oic me
3- 4-
� PLS No. 8549 �
Scott Sturm, PLS 8549 Date Exp.t2-31-14
s4T� a
F C
:;planshhrnedlkcm+s td
20 inch dip staking and Icgals',a atwrg Inist property tentp coast.._(coat descripuoit.doc
EXHIBIT "B"
Plat
-Temporary Easement-
[See attached]
EXHIBIT " B"
LA
�`'�G�� S�'9SG9
BEING A PORTION OF THE NW 114 SECTION 29
T . 2N. , R. 5W. , S, B. M.
0
o- PLS No. 6549
3"IP-BRASS CAP BLM _ # Cdr
1/15 C C. 0-29 Exp.i2-31-14 �Q
a44Z �rF Qfi C ALZ��Q�
_ N89'30'04"E 149.60 -
6X6 POST W NAIL
POC CAL TRANS MON,
121+97.31
ol
90,
'4,9&c�ryF fi 11690 ����
1969 BOO 10� eC L�
>�oIV
CF�A9 ,
09 f ,,
0010-0
Fps°9 TPOB
1999
'**'�SBMWD 50' WIDE TEMP.
CONSTRUCTION EASEMENT "
TERMINUS /// // / PERMAANENT EASEMENT
GRAPHIC SCALE 1 "=100 '
0 100 200 300
EXHIBIT "C"
-Notice of Hearing-
[See attached]
CITI( OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
BOARD 01•WAI LR CONIMISSiONERS Ly STACEY R.ALDSTADT
General Manager
TONE CALLIC017 R013IN L.OHAMA
Picsidtnt ✓ Deputy Cenral Manuger
17- MAY[IIE-1k H.LITCHFIELD.P.L.
Director of Water US .
lity
Commissioners JOIIN A.CLAUS
LOUIS A.FERNANDEZ Director ofWalet Reclamation
WAYNE HENDRIX
JUDITH VALLES JFNNIFER SHI PARDSON
DAVID F MINNARSKI Director of Enviionotenlal
Regulatory Compliance
FERRI WILLOUGHBY
Director of Finance
"Trusted, Qualby Service since 1905"
June 1, 2015
Robert and Janet Aaberg
6558 Crystalairc Drive
San Diego,CA 92120-3951
RE: NOTICE OF PUBLIC HEARING — ACQUISITION OF A PERMANENT
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT LOCATED
SOUTHWESTERLY OF CAJON BOULEVARD AND NORTHERLY OF
KENWOOD AVENUE (APN 0349-101-25)
Dear Mr. and Mrs. Aaberg:
Please be advised that the San Bernardino City Council will hold a hearing on July 6, 2015 at
5:30 p.m., or as soon thereafter as the matter may be heard, at 300 North "D" Street, San
Bernardino, California.
The purpose of this hearing is to consider the adoption of "Resolution of Necessity" to acquire
the acquisition of a permanent easement and a temporary construction easement over a portion of
certain real property located southwesterly of Cajon Boulevard and northerly of Kenwood
Avenue, known as Assessor's Parcel No, 0349-101-25,
You have a right to appear before the Council, personally, or by counsel, and to be heard on the
matters as referred to in Section 1240.030 of the Code of Civil Procedure.
Among the matters to be considered are the following:
a. Whether the public interest and necessity require the project;
b. Whether the project is plartned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and
c. Whether the property sought to be acquired is necessary for the project.
300 North "D" Street, San Bernardino,California 92418 P.O. Box 710,92402 Phone: (909) 384-5141
AdministruLion.(909)3$4-5215 Engineering:(909)394-5532 Customer Service,(90)384-7211
Corpomic Yards:(909)384-5260 Water Reclamation Plant:(909)384-5258
Robert and Janet Aaberg
Page 2
June 1, 2015
A copy of the proposed Resolution of Necessity that will be. recommended to the Council for
adoption can be reviewed at the San Bernardino Municipal Water Department, 300 North '11)"
Street, 5th Floor, San Bernardino, CA 92418.
IN ORDER FOR YOU TO EXE.RC3SE YOUR RIGHT OF APPEARANCE AND YOUR
RIGHT TO BE HEARD, YOU MUST HAVE FILED A WRITTEN REQUEST TO
APPEAR AND BE HEARD WITH THE CITY CLERK'S OFFICE OF THE CITY OF
SAN BERNARDINO, LOCATED AT 300 NORTH I'D" STREET, SAN BERNARDINO,
CA 92418, WITHIN FIFTEEN (15) DAYS AFTER THE DATE THIS NOTICE IS SENT
TO YOU. FAILURE TO PRESENT YOUR REQUEST TO APPEAR AND BE HEARD
WILL RESULT IN A WAIVER OF YOUR RIGHT TO BE HEARD.
With this NOTICE is a form which you may use to notify the District of your intention to appear
and be heard at this meeting. Not appearing and being heard in regard to compensation will not
waive any right to claim greater compensation in a court of law. The amount to be paid for the
property will not be considered by the Council at this hearing. However, electing not to appear
and not to be heard may constitute a waiver of your right to later challenge the right of the City
to take the property by eminent domain.
Should you have any questions, please do not hesitate to contact me at (909) 384-5107.
Sincerely,
Matthew It Litchfield, P.E.
Director, Water Utility
M I I L.swd
Attach.
cc: Julianna,riliquist(w/attach)
WA1010 WU Adrmni3 if ation%WL) of'Pablic I jaxinglo A aborg 6-1-15.doc