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HomeMy WebLinkAboutS6-Public Works 'CITY OF SAN BERNARDINO .' 15.02-1259 - 18 - REQUEST FOR COUNCIL ACTION ~ . -.. From:ROGER G. HARDGRAVE, Director Dept:public Works/Engineering Date: January 6, 1997 Subject: Hearing on Iletermination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (A.P.N. 136-431-21) ORIGINAL Synopsis of Previous Council action: 07/06/92 Authorization granted for City to assume responsibility for project man- agement services. 04/08/93 Resolution No. 93-97 adopted authorizing execution of Agreement executed with David Evans & Associates for the Acquisition of right-of-way for the extension of Orange show Road from Arrowhead Avenue to Tippecanoe Avenue' 10/04/93 Resolution No. 93-379 adopted authorizing execution of First Amendment to Agreement to amend Task 7 of Exhibit "1" Environmental Site Assessment. 01/08/96 Resolution No. 96-05 adopted authorizing execution of Second Amendment to Agreement to amend Tasks 1, 3 & 4 of the original Agreement and to author- ize additional costs. 06/03/96 -- Establishment of Fair Market Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of Right-of-Way Recommended motion: 1. That the Hearing relative to the Necessity of Acquiring Real Property (Anderson) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND ~-lJ :, Lo tJ\T' n 2. Adopt the Resolution o /' ~.,,"" ."". Signature cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Supporting data attached: Staff Report and Resolut ion Anne DeBolt Phone: 5328 Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: $5,700 (Federal Aid STP and IVDA Funds) Source: (Acct. No.! 242-362-5504-1996 (Acct. DescriPtion) Arrowhead Avenue to Tippecanoe Avenue Extension of Orange Show Road from Finance: Council Notes: Res97-7 1/j'!J jq7 Agenda Item NO.5O ., 75-0262 . CITY. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT On June 3, 1996, the Mayor and Common Council approved the Establishment of Fair Market Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of right-of-way needed to construct Orange show Road. The City is currently in negotiations with approximately 50 property owners for the acquisition of approximately 71 parcels or portions of parcels along the proposed route. J.D.S. Anderson and Mittie R. Anderson, owners of the property described in Acquisition Map No. 18, have been deceased for many years (over 20). No death certificates have ever been filed or recorded and we are unable to discover if there are any heirs to the property. Because no owners can be determined from current public records, eminent domain proceedings will be necessary to determine ownership of the property and complete' the acquisition. Mr. and Mrs. Anderson's property is located at the Northwest corner of Waterman Avenue and Ennis Street. The total owned by the Anderson's or their estate is approximately 43,072 square feet, or just under one acre. The City is taking approximately 5,024 square feet. The appraised value for the property being taken is Five Thousand Seven Hundred Dollars ($5,700.00). Adoption of a Resolution of Necessity is the necessary legal step under the Eminent Domain Law to commence proceedings. The law requires that the property owners be af- forded a hearing prior to the adoption of the Resolution in which the following issues need to be determined: (1) whether the public interest and necessity require the pro- ject; 92) whether the project is planned or located in the manner that will be compat- ible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Notice of this Hearing was sent to Mr. and Mrs. Anderson by certified mail at least 15 days prior to the Hearing, as shown on Exhibit "c" attached to the Resolut ion. The hearing is not a time or place to negotiate with the owners or hear complaints about the City's appraised value, and the discussion should be limited to the three issues out- I ined above. All costs required for acquisition of this parcel will be charged to Account 362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Funds (88%), and IVDA (12%). No. Aid 242- STP We recommend that the Hearing be closed, and that a finding be made that the public interest and necessity require the acquisition of Mr. and Mrs. Anderson's property. URGENCY CLAUSE In order to determine the ownership of this property we will need to begin domain proceedings as soon as is feasible. The right-of-way certification for Show Road cannot be obtained until all the properties are acquired. eminent Orange 01/06/97 -2- 75.0264 . . . ,'f ~t , EXHIBIT liB II w => -~ !:\ --- o~ I ).~!. - - - - - J_ - -EN-N-f-5- - - ~:r-RE-Fr- - ~~,~r26''ii ~ - - - - -). ~l I ~o, . "', 00 , ..., ~n ...~\t 50' , '" 1 r\ ~'\ A S uthw st cor-ner- of Lo \~c:~ _ \~1> . \~'<(y"O \<11> /\~q~ \ 1> \1> 'J TRACT VALLEY M. B. .:t West II ne of 0 por-ce I of lond conveyed to the County of Son Ber-nor-dino by 0 Deed r-ecor-ded JOnuor-y 11,1961 in Book 5324 Poge 20 O. R. FEE OWNERSHIP' J.D.S. Ander-son Mlttle R. Ander-son GRANT DEED PER' BoOk 19B7 Poge 498 O.R. Recor-ded Moy I 7, 1947 I I ~ SCALE: I. = 100' o 100 Lot 100 NO. TRUCK . . It> N. - N 1995 r :.. r- I 0"; I. 0'" o . III I 55' i z' <(I :2 0:: W I- <( ~ FARMS 29 13 / COURSE DESCRIPTION 1-2 NOO'04'34'W 6.00' 2-3 N48' 56' 03' E 41.2' 3-4 S89'58'35'E 5.00' INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' I'II(""EOI1'. ..-... ............... l:"_"'7:~.......,.. - DMJM Dal"llel. IoIatV't. JoMIOl"I'~' I i~ ::::.o..~~~~ab~a,~~o i~:~.31~ 1'1091 149-)0166