HomeMy WebLinkAbout22-Water Department
CITY,OF SAN BERNARDINO - REGlUEST FOR COUNCIL ACTION
Dept: Water
ORIGINAL
Subject: A resolution determining that the public interest
and necessity require the acquisition of a portion of APN
0261-181-12 for a permanent easement and temporary
easement for the development of the Verdemont Phase 1
Water Infrastructure Project titled Palm Connector 24"
Transmission Main - A Public Use.
From: Stacey R. Aldstadt
Date: 11/28/2006
M&CC Meeting Date: 12/18/2006
Synopsis of Previous Council Action:
Unknown.
Recommended motion:
Adopt Resolution
S(g1t:1 tU~
Contact person: Stacey R. Aldstadt. General Manaaer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
5 and 6
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Acct. No.) Water Department
(Acct. Description)
Finance:
Council Notes:
J?6YO .:2DO(,;, - 444
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Agenda Item NO.J..~
75-0262
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
Subject:
A resolution determining that the public interest and necessity require the acquisition of a portion of APN
0261-181-12 for a permanent easement and temporary easement for the development of the Verdemont
Phase 1 Water Infrastructure Project titled Palm Connector 24" Transmission Main - A Public Use.
Background:
The San Bernardino Municipal Water Department has embarked on the Verdemont Phase I Infrastructure
Project, which is intended to provide additional water supply to the northern areas of the City of San
Bernardino. Included in this phase of the infrastructure project is the Palm Connector 24" Transmission
Main, which, as its name implies, connects transmission capability from the west side of Interstate 215 to
the east side. There is no alternative available for bringing transmission to the Verdemont area without the
Palm Connector pipeline.
Engineering staff for the Water Department considered a number of different options for crossing
Interstate 215 and determined that the most viable option was to obtain both a temporary construction
easement and a permanent pipeline easement across a portion of a parcel identified as APN 0261-181-12,
located near Kendall Drive and Interstate 215, as more particularly described in Exhibits "I" and "2" to the
Resolution of Necessity to Acquire Property by Eminent Domain.
Presently, title to the parcel is held in fee simple in the name of Roy A. Pilcher. We understand that Mr.
Pilcher is deceased and that his estate is, or will be probated through the Law Offices of Welch & Bacre
and Associates, and that Crestview Baptist Church may be a beneficiary to some or all of the Mr. Pilcher's
estate. The Department has contacted Pastor Greg Langley to discuss the need for the property, but the
status of the probated estate does not allow for a negotiated purchase at this time. Pastor Langley has been
very cooperative to date.
On August 1, 2006, the Board of Water Commissioners adopted a Notice of Exemption for the proposed
installation of the Palm Connector pipeline, under Section 15304(f) of the California Environmental
Quality Act. The Notice of Exemption was properly filed with the County Clerk. The statute of
limitations applicable to challenges of a CEQA determination has run.
On October 27, 2006, the Department sent a Notice of Decision to Appraise the subject parceL Notice
was sent to both Abe Gomez, the Law.Offices of Welch & Bacre and Associates, the probate law firm, and
to Pastor Langley.
Although Government Code Section 7267 states that, for easements for waterlines, there is no requirement
to tender an offer to the property owner, on November 26, 2006, the Water Department sent an Offer to
Purchase Property to the probate law firm and to Pastor Langley.
In conformance with Code of Civil Procedure Section 1245.235, notice of the Resolution of Necessity
hearing has been properly served.
.
.
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Fiscal Impact:
Based on the formal appraisal, the value of the subject easements is $5,500 plus court costs and legal
expenses normally associated with condemnation proceedings for an approximate total of $10,000, from
the Water Fund.
Recommendation:
That the Mayor and Common Council adopt the attached Resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF A PORTION OF APN 0261-181-12 FOR A PERMANENT
EASEMENT AND TEMPORARY EASEMENT FOR THE DEVELOPMENT OF THE
VERDEMONT PHASE 1 WATER INFRASTRUCTURE PROJECT TITLED PALM
CONNECTOR 24" TRANSMISSION MAIN - A PUBLIC USE
WHEREAS, the Board of Water Commissioners of the City of San Bernardino has considered
the need for the development of the Verdemont Phase I Water Infrastructure Project Titled Palm
Connector 24" Transmission Main within its jurisdictional limits; and
WHEREAS, the Board of Water Commissioners of the City of San Bernardino has considered
the advisability of acquiring property within the City of San Bernardino for the purpose of constructing
and developing the Verdemont Phase 1 Water Infrastructure Project Titled Palm Connector 24"
Transmission Main, and has considered the limited localities within the City of San Bernardino in
which such a project would appropriately be located; and
WHEREAS, notice of the Resolution of Necessity hearing has been properly given as required
by the provisions of Section 1245.235 of the Code a/Civil Procedure of the State of California; and
WHEREAS, the public hearing has been regularly held and conducted in the manner provided
by law at which all persons whose property is to be acquired by eminent domain have been given a
reasonable opportunity to appear and be heard before the City Council of the City of San Bernardino
on the following matters:
1. the public interest and necessity require the Verdemont Phase 1 Water Infrastructure
Project Titled Palm Connector 24" Transmission Main, and the public interest and necessity require
the acquisition of certain properties for that project in accord with the requirements of law;
2. the project and acquisition are planned and located in the manner that will be most
compatible with the greatest public good and least private injury;
3. the properties to be acquired are necessary for the project, and are comprised of a
permanent easement that is approximately .0358 acres, and a temporary construction easement that is
approximately .1217 acres;
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12/18/2006
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A RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO DETERMINING THAT
TIlE PUBLIC INTEREST AND NECESSITY REQUIRE TIlE ACQUISmON OF A PORTION OF APN 0261-181- \2 FOR A
PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR TIlE DEVELOPMENT OF TIlE VERDEMONT PHASE 1
WATER INFRASTRUCTIJRE PROJECT TITLED PALM CONNECTOR 24" TRANSMISSION MAIN - A PUBLIC USE
4. the offer, although not required by Section 7267 of the Government Code pursuant to
statutory exemption for the acquisition of an easement for a water pipeline, in the form of a written
offer has been made to the owners of record as appears on the last equalized assessment roll; and
5. any matters addressing a challenge to the authority of the City Council of the City of
San Bernardino to engage in such a project and as to its right to acquire such properties.
WHEREAS, the Board of Water Commissioners of the City of San Bernardino has completed
the review process required by the California Environmental Quality Act (CEQA, Public Resources
Code 2100 et seq. and California Code of Regulations, Title 14) for the Verdemont Phase 1 Water
Infrastructure Project Titled Palm Connector 24" Transmission Main, and has made the determination
that project is categorically exempt under California Code of Regulations, Title 14, ~ 15304(f). A
Notice of Exemption has been prepared and filed with both the Office of Planning and Research for the
State of California and the County of San Bernardino, as required by law;
NOW THEREFORE, BE IT RESOLVED BASED UPON THE FOREGOING
FINDINGS AND CONCLUSIONS BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
1. The public interest and necessity require the construction, operation and ownership of
the Verdemont Phase 1 Water Infrastructure Project Titled Palm Connector 24" Transmission Main
within the jurisdiction of the City of San Bernardino to be located adjacent to the Kendall Drive and
Interstate 215 Freeway in San Bernardino, CA and as is described in the previously-adopted Notice of
Exemption pursuant to the California Environmental Quality Act.
2. The acquisition of property and the improvements to be made are planned and located
in the manner that will be most compatible with the greatest public good and least private injury.
3. The properties collectively described and depicted as "Permanent Easement", Exhibit
"I", and "Temporary Construction Easement", Exhibit "2", both sets of said Exhibits are attached
hereto and incorporated by this reference, and consisting of a portion of the fee property identified as
APN 0261-181-12, located near Kendall Drive and Interstate 215 Freeway in San Bernardino, CA, are
Page 2 of 4
12/18/2006
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4tz8
A RESOLlJflON OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DETERMINING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF APN 0261-181-12 FOR A
PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR THE DEVELOPMENT OF THE VERDEMONT PHASE I
WATER INFRASTRUCTIJRE PROJECT TITLED PALM CONNECTOR 24" TRANSMISSION MAIN - A PUBLIC USE
necessary for the project.
4. The offer, although not required by Section 7267 of the Government Code, pursuant to
statutory exemption relative to an easement acquisition for a water pipeline, has been made to the
owners of record as appears on the past equalized assessment roll.
5. The provisions of the California Environmental Quality Act regarding environmental
review of the project have been complied with.
6. Special Counsel to the City of San Bernardino and the San Bernardino Municipal Water
Department, Thierry R. Montoya Esq., is directed and authorized to commence a proceeding in
eminent domain in the Superior Court of the State of California, and to conduct such action to
conclusion, to acquire the property described in the attached Exhibits 1 and 2, including obtaining an
order for prejudgment possession based upon a deposit of probable just compensation supported by the
Board of Water Commissioners of the City of San Bernardino's approved appraisal.
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Page 3 of 4
12/18/2006
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A RESOLlITION OF TIm MAYOR AND COMMON COUNCIL OF TIm CITY OF SAN BERNARDINO DETERM1NlNG TIiA T
TIlE PUBLIC INTEREST AND NECESSITY REQUIRE TIm ACQUISmON OF A PORTION OF APN 026]-]8]-12 FOR A
PERMANENT EASEMENT AND TEMPORAR Y EASEMENT FOR TIm DEVELOPMENT OF TIm VERDEMONT PHASE]
WATER INFRASTRUCl1JRE PROJECT TITLED PALM CONNECTOR 24" TRANSMISSION MAIN -A PUBLIC USE
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
, 2006, by the following vote, to wit:
COUNCIL MEMBERS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
AYES
NAYS
ABSENT
ABSTAIN
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
2006.
Approved as to form:
Patrick J Morris, Mayor
City of San Bernardmo
Page 4 of 4
12/ 18/2006
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Exhibit I
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APN 0261-181-12
Exhibit 'A'
Permanent Easement
A portion of Lots 11 and 12 of Tract No. 3167, in the City of San Bernardino, County of
San Bernardino, State of California per map recorded in Book 42, Page 59, inclusive of
Maps, in the office of the County Recorder of said county, said portion of land being
more particularly described as follows:
Commencing at the most Westerly comer of said Lot 12, said point also being on
the Northeast right-of-way line of Kendall Drive (50' right-of-way);
Thence South 59016'26" East, along said Northeast right-of-way line of Kendall
Drive, a distance of 91.41 feet to the Point of Beginning;
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Thence North 43019'40" East, a distance of 55.39 feet to the Southerly right-of-
way line of Interstate 215 Freeway, as shown on California Department of
Transportation Map No. 428553, on file in District 8 office;
.
Thence South 46040'20" East, along said Southerly right-of-way line of [-2]5, a
distance of 30.00 feet;
Thence South 43019'40" West, a distance of 48.69 feet to said Northeast right-of-
way line of Kendall Drive;
Thence North 59016'26" West, along said Northeast right-of-way line of Kendall
Drive, a distance of30.74 feet to Point of Beginning.
Contains 0.0358 acres, more or less.
Michael P. Thornton, P.L.S. 6867
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P.O.C.
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LEGEND
POINT OF COMMENCMENT
POINT OF BEGINNING
EXISTING CENTERLINE
EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF - WA Y
PERMANENT EASEMENT
TO BE ACQUIRED (0.0358 AC.)
SCALE: 1"=40'
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EXHIBIT 'B'
TKE ENGINEERING, INC.
4446 CENTRAL A VENUE
RIVERSIDE, CA 92506
(951) 680-0440
ERINCl
MICHAEL PATRICK THORNTON L.S. No. 6867
EXPIRES, 9-30-06
APN 0261-181-12
PERMANENT EASEMENT
SHEET 2 OF 2
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Exhibit 2
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APN 0261-181-12
Exhibit 'A'
Temporary Construction Easement
A portion of Lots 9, 10, and 11 of Tract No. 3167, in the City of San Bernardino, County
of San Bernardino, State of California per map recorded in Book 42, Page 59, inclusive
of Maps, in the office of the County Recorder of said county, said portion of land being
more particularly described as follows:
Commencing at the most Westerly corner of said Lot II , said point also being on
the Northeast right-of-way line of Kendall Drive (50' right-of-way);
Thence South 59016'26" East, along said Northeast right-of-way line of Kendall
Drive, a distance of 22.15 feet to the Point of Beginning;
Thence North 43019'40" East, a distance of 48.69 feet to the Southerly right-of-
way line of Interstate 215 Freeway, as shown on California Department of
Transportation Map No. 428553, on file in District 8 office;
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Thence South 46040'20" East, along said Southerly right-of-way line ofl-215, a
distance of217.79 feet to the intersection of said Southerly right-of-way line ofl-
215 and said Northeast right-of-way line of Kendall Drive, as shown on said Map
No. 428553; .
Thence North 59016'26" West, along said Northeast right-of-way line of Kendall
Drive, a distance of223.16 feet to the Point of Beginning.
Contains 0.1217 acre, more' or less.
Michael P. Thornton, P.L.S. 6867
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TRACT NO. 3157 .'"
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P.O.C.
P.O.B.
LEGEND
POINT OF COMMENCMENT
POINT OF BEGINNING
EXISTING CENTERLINE
EXISTING RIGHT-OF-WAY
PROPOSED R.IGHT -.OF - WA Y
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED (0.1217 AC.)
SCALE: "'=40'
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TKE ENGINEERING, INC.
4446 CENTRAL AVENUE
RIVERSIDE, CA 92506
(951) 680-0440
ElliNG
EXHIBIT 'B'
APN 0261-181-12
TEMPORARY CONSTRUCTION
EASEMENT
MICHAEL PATRICK THORNTON L.S. No. 6867
EXPIRES,9-JO-08
SHEET 2 OF 2