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RESOLUTION NO. 84-.219
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND
DETERMINATIONS RELATING TO THE ACQUISITION OF CERTAIN DESCRIBED
REAL PROPERTY OR INTEREST THEREIN FOR THE CONSTRUCTION OF THE
PROPOSED TIPPECANOE AVENUE BRIDGE AT THE SANTA ANA RIVER WITH
ASSOCIATED RELOCATION OF TIPPECANOE AVENUE HIGHWAY RIGHT OF WAY
AND IMPROVEMENTS TO SAN BERNARDINO AVENUE, BENEDICT STREET AND
CENTRAL AVENUE, IN THE CITY OF SAN BERNARDINO, AND AUTHORIZING
THE CITY ATTORNEY TO COMMENCE AND PROSECUTE EMINENT DOMAIN
PROCEEDINGS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Requirement for Resolution of Necessity. This
resolution of necessity is adopted pursuant to the requirements
of Article 2 (Sections 1245.210 et seq.) of Chapter 4 of Title 7
of Part 3 of the Code of Civil Procedure of the State of
California.
SECTION 2. Public Use. The public use for which the
iproperty described in this resolution is to be taken is for the
construction of the proposed Tippecanoe Avenue Bridge at the
Santa Ana River with associated relocation of Tippecanoe Avenue
highway right of way and improvements to San Bernardino Avenue,
Benedict Street and Central Avenue, in the City of San
Bernardino.
SECTION 3. Authority for Eminent Domain. The City of San
Bernardino is authorized by Article I, Section 1, by Article III,
Section 40, and by Article XIII, Section 240 of the City Charter
of the City of San Bernardino, and by California Government Code
Section 37350.5, to acquire the property described in this
resolution by eminent domain for the public use set forth in this
resolution.
SECTION 4. Description. The property to be acquired by
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eminent domain is described in Exhibit "A", attached to this
resolution and incorporated by this reference.
SECTION 5. Declaration of Findings and Determinations.
The Mayor and Common Council of the City of San Bernardino find
and determine each of the following:
(a) The public interest and necessity require the proposed
project.
(b) The proposed project is planned or located in the
manner that will be most compatible with the greatest public
good and the least private injury.
(c) The property described in the resolution is necessary
for the proposed project.
SECTION 6. Authorization to City Attorney. The City
Attorney of the City of San Bernardino is authorized and
empowered:
(a) To acquire, in the name of the City of San Bernardino,
the property described in .this resolution for the public use set
forth in this resolution, by eminent domain proceedings in
appropriate courts in accordance with the Constitution and laws
of the State of California.
(b) To make a deposit with the court of the probable amount
of compensation, and to request and obtain from the court an
order for possession of the property described in this
resolution prior to judgment and to take any actions necessary
to acquire the property.
(c) To take any actions necessary or appropriate to
acquire any temporary right of access to the property described
in this resolution, and to adjacent property, which rights may be
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necessary for the construction of the planned improvements.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a n adjourned regular _ meeting thereof, held
on the llth day of June , 1984, by the
following vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
Frazier, Strickler
NAYS: None
ABSENT: Council rsembers rlarks , Quiel
City Clerk
The foregoing resolution is hereby approved this /,57-t day
of June , 1984.
Approved as to form:
b
City Attorney