HomeMy WebLinkAbout33-Public Works
o n 0 File No. 15.02-1075 0
CITY-OF SAN B8R NARDI NO'" - R8crU8ST FOR COUNCIL ACTION
Oom:
Dept:
ROGER G. HARDGRAVE
Authorization to Commence Con-
Su~e~: demnation Proceedings for
Acquisition of Right-of-Way
Acacia Avenue, North of Hill
Drive, for Tract No. 10260
Public Works/Engineering
Date:
8-23-90
Synopsis of Previous Council action:
06-06-78 --Tentative Map for Tract No. 10260 approved.
10-27-80 --Reactivation of Tentative Map for Tract No. 10260
approved.
10-21-85 --Resolution No. 85-434 adopted approving the final
map for Tract No. 10260, accepting the public
dedications and authorizing execution of the
Standard Form agreement.
09-08-86 --Concept of secondary use of Hillcrest Park as storm
water detention facility approved in principle.
06-05-89 --Adopted Resolution 89-164 authorizing execution
of Development Agreement with John C. Heers, Inc.
(Tract 10260).
Recommended motion:
o
Adopt resolution.
cc: Shauna Edwins
Jim Penman
Andy Green
Annie Ramos
{;A~a~
Contact person:
Verne Nadeau
Staff Report,
Map r. 'R4:loan'n~;nn
Phone:
5026
Supponing data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount: $12.500
Source: (Acct. No.)
'19'1 5'i'P'I "I
001-~O 111979- .
Acct. Oescri tion
aid b SUbdivider,
y"\ _ D
N.
_.
(per Development Aqreement)
Finance:
oneil Notes:
75.0262
Agenda Item No
.33
CIT~F SAN BI!RNARDINcA Rl!cQl!ST FOR COUNCIL ~TION
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75-0264
STAFF REPORT
Page 1 of 2
One of the conditions of approval for Tract No. 10260
was that Acacia Avenue be extended from the tract boundary to
Hill Drive, in order to provide a second means of access.
Right-of-way will be required from two parcels to
facilitate construction of these off-site improvements. The
subdivider made repeated attempts to negotiate with the owner of
Parcel No. One, as shown on the attached map, but without
success. Parcel No. 2 was dedicated to the Ci ty for park
purposes by the final map for Tract No. 9786. This parcel was
up for sale due to delinquent property taxes, so there may be no
owner of record.
Section 66462.5, of the Subdivision Map Act, provides,
in general, that when a subdivider is unable to acquire the
necessary rights of way for off-site improvements required as a
condition of approval, the agency will then proceed to acquire
the easements through negotiations or eminent domain
proceedings. Furthermore, if the rights of way are not acquired
within 120 days, the condition of approval is waived.
The extension of Acacia Avenue to Hill Drive is needed
as a secondary access to Tract No. 10260. A natural drainage
Channel across these parcels will be improved, which will
necessitate a drainage easement across these parcels.
The Development Agreement provides that the City will
proceed to acquJ.re the necessary easements across these two
parcels, by negotiations or through eminent domain proceedings,
within 120 days. Also, that the subdivider, John C. Heers,
Inc., will reimburse the City for all costs incurred within 15
days after receipt of a bill.
Another easement will be required, across the parcel
that has recently been improved as Hillcrest Park, for the
extension of Acacia Avenue and for improvement of the drainage
channel. The subdivider will be required to modify the irriga-
tion system and install a fence along Acacia Avenue. This
dedication of a portion of Hillcrest Park has been reviewed with
Annie Ramos, Director of Parks, Recreation and Community
Services, who has no objection.
Extensive negotiations have been conducted with the
owner and his attorney, since 7-11-89, but we have been unable
to reach an agreement. Therefore, it will be required to start
eminent domain proceedings to acquire these rights-of-way, and
allow the subdivision to proceed.
An appraisal has been prepared by Mr. Robert O. COOley,
which showed the value of the easements as $12,500. An offer of
purchase was presented to the owner on 11-13-89. The owner, Mr.
George Shockley, was receptive to selling the easements, with
8-23-90
CITvQ,F SAN BERNARDINeA. REcQEST FOR COUNCIL ~TION
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STAFF REPORT
Page 2 of 2
specific conditions, but wanted his attorney, Mr. Andrew Gunn,
to represent him in the negotiations. Mr. Gunn has been totally
unresponsive, both to our office and the City Attorney's.
The Development Agreement states that the right-of-way
was to be acquired within 90 days, as stipulated in the
Subdivision Map Agreement. This time frame has proven to be
unrealistic. A letter has been received from the Subdivider,
Mr. John C. Heers, Inc., agreeing to an extension of time.
We recommend that the resolution granting authorization
to commence condemnation proceedings be approved, in order that
we can comply with the provisions of the Development Agreement.
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RESOLUTION NO.
RESOLUTION OF NECESSITY AUTHORIZING THE CITY OF SAN
BERNARDINO TO COMMENCE CONDEMNATION PROCEEDINGS FOR ACQUISITION
OF A RIGHT OF WAY/EASEMENT IN, OVER, UNDER AND ACROSS REAL
PROPERTY FOR STREET/HIGHWAY AND DRAINAGE PURPOSES.
5 WHEREAS, Government Code, Section 37350.5, authorizes the
6 City, by way of the Mayor and Common Council, to acquire private
7 property for public use; and,
8 WHEREAS, City, through the Mayor and Common Council, has
9 determined that it is necessary and advisable to acquire a
10 portion of the property located at 5931 "F" Street in San
11 Bernardino and affecting only the eastern portion of an estimated
12 1.28 acre parcel of such property, consisting of unimproved land
13 situated on the north side of Hill Drive at "F" and Acacia
14 Streets for the purpose of extending Acacia Street in order to
15
provide secondary access to Tract No. 10260 and to install and
16 expand a drainage system to serve the existing and adjoining
17 lots. Notice of the adoption of such Resolution has been served
18 on the owner(s) of and person(s) of record having an interest in
19 such premises; and,
20 WHEREAS, City is attempting to acquire an immediate entry
21 in, across and over a portion of the property located on the
22 north side of Hill Drive at "F" and Acacia Streets, which portion
23 of such property sought to be acquired is legally described as
24 set forth in Exhibit 1 attached hereto and incorporated herein by
25
reference.
City intends to acquire these property rights/
26 interests within 180 days from the date of adoption of this
27 Resolution; and,
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BAS/mgl/5931F.Res
September 6, 1990
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WHEREAS, City has determined that the public interest and
necessity require the proposed acquisition of the above-described
property for completion of the proposed project, and that the
proposed project is planned and located in the manner most
compatible with the greatest public good and least possibility of
private injury; and,
WHEREAS, in light of the above, the property described in
this Resolution is necessary for the proposed project; and,
WHEREAS, City has complied with the provisions of
Government Code, Section 7267.2, in that City conducted an
appraisal of the subject property and attempted to acquire said
property by negotiations.
City made reasonable offers to all parties with interest
in said property; however, said offers were not accepted; and,
WHEREAS, it is immediately necessary to appropriate an
easement in and to the hereinabove described parcel of real
property in connection with the extension of Acacia Street and
installation of an expanded drainage system so that there will be
no delay in the construction of said project for the immediate
preservation of the public peace, property, health, safety and
welfare.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO:
SECTION 1.
That a right of way/easement in and to the
parcel of real property legally described in Exhibit 1 attached
hereto, be, and the same hereby is, appropriated for the publiC
purpose of the expansion of Acacia Street and installation of a
BAS/mgl/593lF.Res
September 6, 1990
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drainage system to provide access and service to Tract No. 10260.
SECTION 2. That the Mayor and Common Council hereby fix
the value of said property as follows:
Parcel No.:
One
Total Compensation:
$12,500.00
SECTION 3.
That the amount of $12,500.00, Twelve
7 Thousand Five Hundred Dollars, being the amount set forth in
8 Section 2, be the amount deposited with the Superior Court of the
9 County of San Bernardino for the use and benefit of the owners of
10 the property appropriated in accordance with the provisions of
11 Code of Civil Procedure, Section 1255.010.
12
SECTION 4. That the Mayor and Common Council find that the
13 appropriation of real property made herein is necessary for the
14 public purposes herein described; that the City has been unable
15
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to agree with the owner(s) of the property appropriated herein.
SECTION 5. That the City Attorney is hereby authorized and
17 directed to file a Complaint in a court of competent jurisdiction
18 to have a jury empaneled to make inquiry into and assess the
19 compensation to be paid for each of the aforesaid real property
20 interests.
21
SECTION 6.
That in accordance with Code of Civil
22 Procedure, Section 1245.240, the Mayor and Common Council hereby
23 declare by not less than a two-thirds (2/3) vote, that the public
24 interest and necessity require and hereby orders the acquisition
25 of the aforementioned real property interests.
26 III
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September 6, 1990
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RESOLUTION OF NECESSITY AUTHORIZING THE CITY OF SAN BERNARDINO TO
COMMENCE CONDEMNATION PROCEEDINGS FOR ACQUISITION OF A RIGHT OF
WAY/EASEMENT . . . STREET/HIGHWAY AND DRAINAGE PURPOSES.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the fOllowing vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day
of
, 1990.
CITY OF SAN BERNARDINO
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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September 6, 1990
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DRAINAGE
An easement for drainage purposes and appurtenant
facilities in, over, under and across the real property in the
City of San Bernardino, County of San Bernardino, State of
California, described as follows:
That portion of the property conveyed to the
Grantor herein by document recorded December 24,
1963, in Book 8053, Page 550, lying within the
following described property:
That portion of the Southwest one-quarter of
Section 10, Township 1 North, Range 4 West, San
Bernardino Meridian, if said Section lines were
extended across the Rancho Muscupiabe as per plat
thereof recorded in Book 7 of Maps, Page 23, records
of the County Recorder of said County lying 12.50
feet on each side of the following described
centerline:
Commencing at the point of intersection of the
centerlines of Acacia Avenue and Hill Drive, as said
streets are delineated on the map of Tract No. 9786
as per plat thereof recorded in Book 138 of Maps,
Pages 32 through 34, records of the County Recorder
of said County; thence North 27034'36" East to a
distance of 52.00 feet; thence Northwesterly at right
angles, North 62025'24" West, a distance of 30.00
feet to the True Point of Beginning; thence North
27020'02" West, a distance of 32.51 feet to the
beginning of a tangent curve, concave Easterly and
having a radius of 150.00 feet; thence Northerly
along said curve through a central angle of
21001'03", a distance of 55.02 feet; thence North
00018'59" West, a distance of 46.50 feet to its
intersection with the Northerly line of Lot 47 of
said Tract No. 9786 and point of termination.
The sidelines of said easement shall be
prolonged or shortened so as to begin in a line drawn
North 27034'36" East through the ~rue Point of
Beginning and to end in the Northerly line of said
Lot 47.
The easement herein granted shall include the
right to construct, reconstruct, inspect, maintain
and repair the drain and appurtenant facilities.
The easement herein granted shall also include
the right to use such areas adjacent to the easement
as may be reasonably necessary for performing the
work and for access to the work during such
construction, reconstruction, inspection, maintenance
and repair.
BAS/mgl/5931F.Res
September 6, 1990
EXHIBIT 1
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STREET AND HIGHWAY PURPOSES
An easement for street and highway purposes in, over, under
and across the real property in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of the Southwest one-quarter of
Section 10, Township 1 North, Range 4 West, San
Bernardino Meridian, if said Section lines were
extended across the Rancho Muscupiabe as per plat
thereof recorded in Book 7 of Maps, Page 23, records
of the County Recorder of said County, described as
follows:
Commencing at the point of intersection of the
centerlines of Acacia Avenue and Hill Drive, as said
streets are delineated on the map of Tract No. 9786
as per plat thereof recorded in Book 138 of Maps,
Pages 32 through 34, records of the County Recorder
of said County; thence North 27034'36" East, a
distance of 8.00 feet to the Northerly line of said
Hill Drive, and the True Point of Beginning; thence
Southeasterly along said Northerly line to its
intersection with the Southeasterly prolongation of
the Westerly line of Lot 47 of said Tract No. 9786;
thence Northwesterly along said prolongation and
Westerly line of Lot 47, to a point in a line which
is parallel with and 30.00 feet Westerly of as
measured at right angles to a line which is drawn
North 27034'36" East from the True Point of
Beginning; thence South 27034'36" West along said
parallel line to a point which is Northerly thereon,
a distance of 52.00 feet from its intersection with
the centerline of said Hill Drive, said point being
the beginning of a tangent curve concave
Northwesterly and having a radius of 20.00 feet;
thence Southwesterly along said curve, through a
central angel of 90000'00", a distance of 31.42 feet;
thence Westerly in a straight line to a point in the
Northerly line of said Hill Drive which is
Northwesterly thereon, a distance of 145.00 feet from
the True Point of Beginning; thence Southeasterly
along said Northerly line to the True Point of
Beginning.
BAS/mgl/593lF.Res
September 6, 1990
EXHIBIT 1