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Home My WebLink About10-Public Works File No. 15.02-1259 #7 & 8 ~ITY OF SAN BERNARDINO - REQUEST FOR COURIL ACTION . . ROGER G. HAROORAVE, Director From: Subject: Public Works/Engineering alfJ/~/jl Al Dept: January 25, 199"'J nIUII'f.J Date: r Hearing on Determination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (Page property) 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 Si te 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 (Page) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution ~ cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Anne DeBo It Phone: 5328 Supporting data attached: Staff Report and Resolut ion Ward: 1 and 3 FUNDING REOUIREMENTS: Amount: $62,300 (Federa,l 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: ~/J~g~ Council Notes: Res 97- c19 :J./3/CJ7 I _.. Agenda I tem No. ./ () 75~0262 elTY 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. Weldon A. Page, the owner of the property described in Acquisition Map Nos. declined to accept the established fair market value offered by the City, domain proceedings will be necessary to complete the acquisition. 07 & 08, has and eminent Mr. Page's property is located on the East side of Washington Avenue, South of Ennis Street. The City is taking approximately 0.91 acres or 39,486 square feet. The ap- praised value for the property being taken is Sixty Two Thousand Three Hundred Dollars ($62,300), or approximately $1.58 per square foot. Mr. Page has not submitted a counteroffer, but rather has refused to deal wi th the si tuat ion saying ... "he has wai ted too long for this project to get going so the City will have to wait for him". 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. Page by certified mail at least 15 days prior to the Hearing, as shown on Exhibit "c" attached to the Resolution. 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 outlined above. All costs required for acquisition of this parcel will be charged to Account No. 242- 362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Aid STP Funds (88%), and IVDA (12%). We recommend that the Hearing be closed, and that a finding be made that the public interest and necessity require the acquisition of Mr. Page's property. 01/25/96 -2- 75-0264 : L I , I ENNIS STREET ~----------------------------- 1 - -- - - - 20' 20' . - -- --- ..,. 1 , - - - 1 w, ::JI z. WI >, <I z ---01 1-'" "I z' -I ::C' (/)1 < -- - 3:1 . o ,., , 20'120' ~ i , , , ~ -0- i : SCALE- I I = 60' < , ,[RAC,[ NO. ,J 995- I I I I 39 300' AIP.N. 136-442-35 38 300' 37 VALLEY TRUCK FARMS JVL8. 29 J J3 FEE OWNERSHIP Weldon And~ew Poge as T~ustee of the Page T~ust GRANT DEED PER Doc No. 19960022226 O. R. Reco~ded Jonuo~y 22. 1996 I I INDICATES PARCEL PER DESCRIPTION PREPARED BY' DI\t\I\4 . o ,., ~_. ~'0"">1"Il .......1.........-. [",I.-I", ,~~_c_......tr"" -. EXHIBIT liB" OCI'1lel. Mann. Jotrlson.....ncMnhO II 275 West HospItalIty Lane. SuITe 314 ~~,,~~~~~no. CalifornIa 92408 I' 1\ - - - - - - i-ENN-IS- - - STREET- - - - - - - - - -- n 'N Ii ,n 20'! 20' I , I I w' ::JI z, WI >, <3:\ "'" I ~ Z' N 01 ~ 1-' ~ <..:)Iw~ Z'I;"':> ot>o -. 0 :c,:gV1 Vllo <3:'~ S::Y-r 18 , . ",0 I: , 16 ,n lot> 11> <Xl Z ~ ~ . ~ . o -fR CT NOo VALLEY TRUCJ< JVL 8 0 79 Northwest corner of Lot 37 S89' 56' 02' W 32.3' North line of Lot 37 N50' 40' II'E 28.8' NOO'06'53'W 8.00' N89'53'07'E 10.00' 37 TRUE POINT OF BEGINNING A. P. N. 136-442-11 J995 FARMS / J3 FEE OWNERSHIP' Weldon A. Page GRANT DEED PER. Inst. No. 82-2032870.R. Recorded October 12. 1982 ) I INDICATES EASEMENT FOR ROADWAY PURPOSES ~ SCALE: I. = 50' EXHIBIT liB" PREP,t,REOBY, DMJM '1.,....11\0 .......,......... (....1.......'1\0 ....~OII&.~""tl.... -' Don I e I, Monn. Jonnson" MendenhO 11 215 west HospItality lone. SuIte 31-4 Son Berncrdlno. California 92-408 1909) 889.)466 . Lot 38, Tract No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County. contains 39,021 square feet, more or less AND That portion of Lot 37, Tract No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said Lot 37, said point also being the East line of Washington Avenue; thence East along the North line of said Lot 37, a distance of 32.3 feet; thence South 50. 40' 11" West, a distance of 28.8 feet; thence South 00. 06' 53" East, a distance of 8.00 feet; thence South 89. 53' 07" West, a distance of 10.00 feet to a point on the East line of said Washington Avenue; thence North along said East line of Washington Avenue, a distance of 26.2 feet to the Point of Beginning. 4iJontains 465 square feet, more or less . EXHIBIT "A" · San Bernardino CITY OF PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR January 14, 1997 File No. 15.02-1259 Acquisition Map No.7 & 8 Sent by Certified Mail Receipt No. P-225-919-678 Return Receipt Requested MR. WELDON PAGE 2301 SANTA FE, API'. #6 FULLERTON, CA 92631 Dear MR. PAGE: . The law provides the procedure for public agencies to acquire private property for public use. It presently requires that every agency which intends to condemn property must notify the owners of that property of its intention to condemn. Such notice must be prior to submission of an authorizing resolution to the appropriate commission for adoption. The purpose of the attached Notice of Intent is to advise you that acquisition of your property will be sought through judicial process if an amicable agreement is not reached. Agreement between an owner and the City may be delayed for a variety of good reasons; however, in order to maintain a schedule for construction of this project, certain procedural steps must be taken. One such step is to advise an owner of our intent to acquire property through court proceedings. The project which requires your property is now scheduled for construction in the near future. A legal description of the required property is also attached. The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common Council at the regular City Council Meeting of February 3, 199:, and raise questions concerning the public interest, necessity, and loca- tion of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and it will not be considered by them. If the Resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding the amount of condemnation is determined. . EXHIBIT "e" 300 NORTH O' ST~EET. SAN BERNARDINO. CA.LIF 92418 0001 (.Q')31"'-SI11.314.S112.FAX:3'..S155 . . . January 14, 1997 Fi1e No. 15.02-1259 Acquisition Map No.7 & 8 PAGE Page Two If you desire to appear before the Mayor and Common Council and give proper notice of appearance, the February 3, 1997, regular City Council Meeting" will be he ld in Council Chambers at San Bernardino Ci ty Hall, 300 North "0" Street, San Bernardino, CA 92418. beginning at 9:00 a.m., with Public Hearings general- ly beginning at 10:00 a.m., or as close to that time as possible. If you have any questions regarding the procedure, you can reach me by tele- phone at (909) 384-5328. Sincerely, ROGER G. HAROORAVE, ~0~~A~~.' ANNE DeBOLT Real Property Specialist Attachments cc: Henry Empeno, Deputy City Attorney ERN ARD IN 0 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 9241B SAN BER.\fARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: WELDON PAGE 2301 SANTA FE, APT #6 FULLERTON, CA 92631 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: . (a) The public interest and necessity require the project. (b) The 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 sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that the Mayor and Common Council at their meeting to be held on February 3, 1997, in San Bernardino, CA, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council Meet- ings begins at 10:00 a.m, or as close to that time as possible. Questions concerning the amount of compensation to be paid are not a part of this pro- ceeding and the Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibi t "A". If you file a written request to appear (within 15 days from the mailing of this Notice) you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. . All requests to appear must be sent for filing to the City Clerk, City of San Bernardino, 300 North "D" Street, San Bernardino, CA 92418. NOTICE OF INTENT TO ADOPT RESOLUI'ION OF NECESSITI Acquisition Map No.7 & 8 January 14, 1997 Page Two . The written request must actually be on file within the IS-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. Your written request to appear should include a statement of the condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designate (a), (b), and (c)). By deSignating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the Mayor and Common Council will. consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the IS-day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court wi! 1 determine the amount of compensation to which you are entitled. ~ If you have any questions, please call Anne DeBolt at (909) 384-5328. January 14, 1997 RCGER G. HARCGRA VE , Director of Public Works/City Engineer . r---- '__.4.___ , fEetMI-an ClEm' W ... 1'31 Weldon Page 2301 E. Santa Fe Ave #6 Fullerton, Ca 92831 Jan. 25, 1991 City Clerk City of San Bernardino 300 North "D" Street San Bernardino, Ca 92418 ')' Re: "NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY Orange Show Road Extension ACQUISITION MAP NO. 1 & 8 APN 136-442-11-35 I am the owner of APN number 136-442-11-35. appear and be heard at the City Council Meeting 1991, as is my right under The California Code of Section 1245.235. At this time I would like to thank all the people for the energy they have put into advancing the City forward. My concerns include acquiring the property with the least "private Injury" ( designated as "B" In your letter of 1/14/91) I will need engineers and assessors to determine my injury and hardship. This Includes such things as determining damage to the value of my property and related costs that may be Incurred. I may need attorneys to advise me of my best Interest. I am Interested in acquiring other property in trade for mine and would like to express these views to you. I do request to on Februar y 3, CI v il Procedure Sincerely, Weldon Page ~ f.. if "- II ~W1i.-':' " .........'.'...._- - - " '-;~!-:.- I ' it iA. /1' .....~ '/{t {U~ _~ ~. . I - _.__.~~ -."- . ~~trIVEO-C/T'( CLcRtI ." oM 28 A'38 Weldon Page 2301 E. Santa Fe Ave #6 Fullerton, Ca 92831 Jan. 25, 1997 City Clerk City of San Bernardino 300 North "D" Street San Bel'nard Ino, Ca 92418 Re: NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY Orange Show Road Extension ACQUISITION MAP NO. 7 & 8 APN 136~442-11 35 I am the owner of APN number 136-442-11-35. appear and be heard at the City Council Meeting 1997, as Is my ,'ight under The Cali fornia Code of Section 1245.235. At this time I would like to thank all the people for the energy they have put into advancing the City forward. My concerns include acquiring the property with the least "private Injury" ( designated as "B" In your letter of 1/14/97) I will need engineers and assessors to determine my injury and hardship. This includes such things as determining damage to the value of my property and related costs that may be incurred. I may need attorneys to advise me of my best interest. I am Interested in acquiring other property in trade for mine and would like to express these views to you. I do request to on February 3, Civil Procedure Sincerely, Weldon Page [l /1' j)~,(/- ~/(!J\kJ L C' / "1Ul.J'__ b/{ lj, ' I ' /o.jj- C" , :</f/q 7 -if/O