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1 RESOLUTION NO. 85-288 _
2 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND
"DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN
3 �iDESCRIBED REAL PROPERTY OR INTEREST THEREIN FOR PARK PURPOSES IN
(;THE CITY OF SAN BERNARDINO AND AUTHORIZING THE CITY ATTORNEY TO
4 iICOMMENCE AND PROSECUTE EMINENT DOMAIN PROCEEDINGS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recitals.
8 A. On January 9 , 1984 , the City adopted Resolution No. 84-3 ,
9 which resolution accepted the review appraiser's determination of
10 fair market value of certain property located north of Base Line
11 Street, between California Street and Pennsylvania Avenue , in the
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12 City of San Bernardino , California, and certified the work of the
13 appraiser.
14 B. On November 19 , 1984 , the City Attorney was authorized to
15 condemn the necessary land for the extension of Rio Vista Park.
15 I C. Written notice , pursuant to Code of Civil Procedure
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17 ! Section 1245. 235, has been given by first class mail to each
18 1person whose property is to be acquired.
19 D. Fifteen days have elapsed since such notice was mailed
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20 jgiving notice that each person has the right to appear and be
21 heard on matters referred to in Code of Civil Procedure Section
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22 1245. 230.
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23 E. The Mayor and Common Council have held a hearing on
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24 ilAugust 5 , 1985 , at which time each person whose property is to be
25 ( acquired was given the right to appear and be heard .
26 ii SECTION 2. Requirement for Resolution of Necessity. This
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27 j resolution of necessity is adopted pursuant to the requirements of
28 { Sections 1245. 210 , et seq. , of the Code of Civil Procedure of the
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I State of California.
2 SECTION 3. Public Use. The public use for which the
3 1property described in this resolution is to be taken is for the
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4 !extension of Rio Vista Park located between California Street and
5 ;Pennsylvania Avenue , approximately 300 feet north of Base Line
6 iStreet.
7 SECTION 4. Authority for Eminent Domain. The City of San
8 dBernardino is authorized by Section 1 , Article I; Section 40 ,
9 ;Article III ; and Section 240 , Article XIII of the City Charter of
10 Ithe City of San Bernardino; and by California Government Code
11 Sections 37350. 5 and 38010 to acquire the property described in
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12 i resolution by eminent domain for the public use set forth in
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13 , this resolution.
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' SECTION 5. Description. The property to be acquired by
15 1, eminent domain is described in Exhibit "A" attached to this
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16 '' resolution and incorporated herein by this reference .
17 1 SECTION 6. Declaration of Findings and Determination. The
18 ' mayor and Common Council of the City of San Bernardino find and
19 , determine each of the following:
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20 II A. The public interest and necessity require the proposed
21 l� project.
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22 it B. The proposed project is planned or located in the manner
23 (', that will be most compatible with the greatest public good and the
24 Iileast private injury.
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25 i� C. The property described in this resolution and sought to
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26 ibe acquired is necessary for the proposed project.
27 I'I SECTION 7. Authorization to City Attorney. The City
28 ;'! Attorney of the City of San Bernardino is directed to acquire in
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I (' the name of the City of San Bernardino , the property described in
2 ( this resolution for the public use set forth in this resolution by
3 eminent domain proceedings in Superior Court in accordance with
4 the Constitution and laws of the State of California.
5 I The City Attorney is further authorized and empowered to
6 Imake a deposit with the Court of the probable amount of
7 (compensation and to request and obtain from the Court an order for
8 possession of the property described in this resolution prior to
l9 and to take any action necessary to acquire the property.
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10 i I HEREBY CERTIFY that the foregoing resolution was duly
11 I,,adopted by the Mayor and Common Council of the City of San
12 (Bernardino at a rPgi1a� meeting thereof, held on
13 the 5th day of August 1985 , by the following vote ,
14 to wit:
15 AYES: Council Members Estrada, Reidy, Hernandez ,
16 Marks Quiel, Frazier, Strickler
17 NAYS: None
18 II ABSENT: None
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20 �� - City Clerk
21 The foregoing resolution is hereby approved this 7th day
22 lof August 1985. 1 ,
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M6y6r of the City of Sin Bernardino
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25 Approved as to form:
27 'City A orney
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1 TITLE IN FEE
2 Fee title to the following described property located in the City
3 of San Bernardino, County of San Bernardino, State of California :
4 PARCEL NO. 1 :
5 The south 190 feet of Lot 7 of H. H. Linville Subdivision, in the
6 City of San Bernardino, as per plat recorded in book 8 of Maps,
7 page 47 , records of said County.
8 Except therefrom the west 300 feet.
9 Also excepting therefrom the south 50 feet of the east 150 feet.
10 PARCEL No. 2 :
11 All of Lot 7 of H. H. Linville Subdivision, as per plat recorded
12 in book 8 of Maps , page 47 , records of said County.
13 Excepting therefrom the west 300 feet.
14 Also excepting therefrom the south 190 feet thereof.
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EXHIBIT "A"