HomeMy WebLinkAbout1980-103 i
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1 i RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS
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AND DETERMINATIONS RELATING TO THE ACQUISITION OF CERTAIN DES-
3 ICRIBED REAL PROPERTY FOR THE INSTALLATION AND MAINTENANCE OF
( TRAFFIC SIGNALS AT THE INTERSECTION OF HIGHLAND AVENUE AND
4 ( ORANGE STREET IN THE CITY OF SAN BERNARDINO, AND AUTHORIZING
! THE CITY ATTORNEY TO COMMENCE AND PROSECUTE EMINENT DOMAIN
5 ii PROCEEDINGS.
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6 j BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
1OF SAN BERNARDINO AS FOLLOWS :
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7 !� SECTION 1. Requirement for Resolution of Necessity. This
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resolution of necessity is adopted pursuant to the requirements
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of Article 2 (Sections 1245 .210 et seq. ) of Chapter 4 of Title 7
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t I lof Part 3 of the Code of Civil Procedure of the State of
12 �I California.
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SECTION 2 . Public Use. The public use for which the
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14 j property described in this resolution is to be taken is the
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t5 installation and maintenance of traffic signals at the inter- j
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16 section of Highland Avenue and Orange Street in the City of San
17 Bernardino.
18 SECTION 3 . Authority for Eminent Domain. The City of
19 San Bernardino is authorized by Article 1 , Section 1 and Article
20 XIII, Section 240 , to acquire the property described in this
21 resolution by eminent domain for the public use set forth in
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22 this resolution.
23 I SECTION 4 . Description. The property to be acquired by
24 eminent domain is described in Exhibit "A" , attached to this
25 resolution and incorporated by this reference.
26 SECTION 5 . Declaration of Findings and Determinations.
27 The Mayor and Common Council of the City of San Bernardino find
?8 and determine each of the following:
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1 (a) The public interest and necessity require the proposed '
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2 project.
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3 (b) The proposed project is planned or located in the
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4 manner that will be most compatible with the greatest public
5 good and the least private injury. 1
6 (c) The property described in the resolution is necessary
7 for the proposed project.
8 SECTION 6 . Authorization to City Attorney. The City
9 Attorney of the City of San Bernardino is authorized and
10 j empowered:
11 (a) To acquire, in the name of the City of San Bernardino, '',
12 the property described in this resolution for the public use set
13 forth in this resolution, by eminent domain proceedings in
14 appropriate courts in accordance with the Constitution and laws
15 of the State of California.
16 (b) To make a deposit with the court of the probable
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17 amount of compensation, to request and obtain from the court an I
18 order for possession of the property described in this resolution
19 prior to judgment and to take any actions necessary to acquire
20 the property.
21 (c) To take any actions necessary or appropriate to
22 acquire any temporary right of access to the property described
23 in this resolution, and to adjacent property which rights may be
24 necessary for the construction of the planned improvements .
25 I HEREBY CERTIFY that the foregoing resolution was duly
26 I adopted by the Mayor and Common Council of the City of San
27 I Bernardino at a \G.0, t La-_ meeting thereof , held
28 on the 'L day of 1980 , by the following
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1 vote, to wit:
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2 AYES: Councilmen
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4 i NAYS:
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5 ABSENT:
6 11i 2�s
—*7 City Clerk
8 The foregoing resolution is hereby approve s day
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9 of �q 1980 .
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City San Bernardino
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Approved as to form:
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13 City torney
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That portion of the Northeast one-quarter of the Northeast one-quarter of
Section .32, Township 1 North, flange 3 blest, San Bernardino Meridian, described as
fol l ows:
Beginning at the intersection of the South line of Highland Avenue and the
East line of Orange Street, said intersection being 41 .25 feet South of and 20.00
feet East of the Northwest corner of said Northeast one -quarter of the Northeast
one-quarter - of Section 32; thence East along the South
line of said Highland Avenue, a distance of 40.00 feet; thence South at right angles ,
a distance of £3.75 feet; thence idest and parallel with the said South line of lighland
Avneue, a distance of 8.00 feet; thence Southwesterly in a straight line, a distance
of 2£3.2£3 feet to a point in a line which is parallel with and 12.00 feet East of, its
measured at right angles to the said East line of Orange Street and which point. is
South thereon, a distance of 23.75 feet from ,the said South line of highland Avenue;
thence South along said parallel line, a distance of 31.25 feet; thence West: at
right angles , a distance of 12.00 feet to the said East; line of Orange Street; thence
North along said East line, a distance of 60.00 feet to the Point of Beginning.
TOGETHER WITH an easement for slope embankment, upon , over and across a portion
of said tortheast one-quarter of the Northeast one-quarter of Section 32 , described
as fol l owrs:
.Commencing at said intersection of the South line of Highland Avenue and the
East line of Orange Street; thence East along said South line of Highland Avc+;ue ,
a distance of 40.00 feet to the True Point of Beginning ; thence South at right anciles ,
a distance of 8.75 feet; thence E;'est and parallel with said South line of 11iclhland
Avenue, a distance of £3.00 feet; thence Southwtesterly in a straight line, a distance
of 28.28 feet to a point in aline which is parallel with and 12.00 feet East of, as
measured at right angles to the said East line of Orange Street and w.rhich point -is
South thereon, a distance of 2.3.75 feet from the said South line of Hi(jh1 and Avenue;
thence South along said parallel line, a distance of 31.25 feet; thence East at: .
right: angles ,- a distance of 10.00 feet; thence North and parallel with said East-.
line of Orange Street, a distance of 2.7.11 feet; thence Northeasterly in a strairdit
line, a distance of 2.0.00 feet to a point in a line which is parallel with and M-Y!')
feet South of, as measured at right angles to the South line of said Higl►la+id Avenuo
and wAii c:h point is East thereon , a distance of 36.34 feet: from the said East line
of Orange Street; thence East along said parallel .line, a distance of 43 .26 feet;
thence north at right angles , a distance of 10.00 feet; thence East and parallel
with said South line of Highland Avenue, a distance of 50.00 feet; thence North
at rigid. angles , a distance of 8.75 feet to the South line of said Ili(Ifil and Avenue;
thence blest along said South line, a distance of 90.00 feet to the True Point of
Cegi nni ng.
EXHIBIT "A"