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HomeMy WebLinkAbout11-Public Works File No. 15.02-1259 1f09 C,TY ~F SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From:ROGER G. HAROORAVE, Director Subject: Hearing on Determination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (Parker Property - #09) Dept: Public Works/Engineering Date: January 27, 1997 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 (Parker) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution ~J~ cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report and Resolution Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: $64,400 (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:~--6a/~t/ 8/l~t7h. Council Notes: Res 97- 30 J/3 /97 . Agenda Item NO.~ - - 75-0262 : CI.TV ~F 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. Mrs. Parker is an out of the area owner, living in Denver, Colorado. the owner once by telephone, but other efforts to communicate with her did sign the notice of registered mail. As time is of the essence we prepare for eminent domain proceedings so we will be able to complete without de lay. We have reached have failed. She have decided to the acquis it ion Mrs. parker's property is located between Washington Avenue and Amos Avenue, South of Ennis Street. It is zoned light industrial and the property is vacant. The City is taking the entire parcel of approximately 39,000 square feet. The appraised value for the property being taken is Sixty-Four Thousand Four Hundred Dollars ($64,400). As we have not been able to discuss this with Mrs. Parker we do not know if she has a problem with the money being offered. 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 Mrs. Parker 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 ap- praised 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 362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Funds (88%), and IVDA (12%). No. 242- Aid STP We recommend that the Hearing be closed, and that a finding be made that the public interest and necessity require the acquisition of Mrs. Parker's property. 75.026401/27/97 -2- . Lot 41, 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 39,000 square feet, more or less . . E.'iliIBIT "A" . . . ., ; i J I -- I I oT------ ENNIS STREET .------------------------------,----- L__ ! ! TRAC-, No. ,1995 , , L}O 300' , o ,.., A.P.N. 136-442-33 L}J 300' ~-- /1 .....) J~ : VALLEY TRUCK FARMS JVL8. ?9 / 13 " FEE OWNERSHIP Agnes M. Parker GRANT DEED PER Baok 8675. Page 775 O.R. Recorded May 9. 1975 ~ll- J ~ INDICATES PARCEL PER DESCRIPTION SCALE- I. = 60' EXHIBIT "E" PREPAR[O BY' DI\UJI 20.120' o ... , o ,.., ~: z l1.I > <(' I '" - (/)1 0' ::iE1 <(, I , I , I , I - 20' .20' , 1',........ ......,........ ~'_'''' ,.,...-.:-."",... -. Den r .1. Mann. JoI'lnton , Wtndenho II 275 West HosQltollt)' lone, Suite Jl4 ~~Q~~~~~~' California 92408 ........."'rI'....... . . . ( r- CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR january 1~. 199- File No. 15.02-1259 ~ Acquisition ~Iap ~o. 09 ?/ Sent by Cert Hied ~Iai I Receipt No. P-225-919-679 Return Receipt Requested ~S. AG,\"ES ~1. PARKER IJ5~9 W. D.~OTA PLACE DE'.'VER. CO 80223 Dear ~ffiS. ~~R: The la~ 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 o~ners 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 ," Intent is to advise you that acquisition of your property wil! be sought :~rough judicial process if an amicable agreement is not reached. .-\greement between an o....ner 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 ~hich requires your property is now scheduled for construction in the near future. A legal description of the required property is also attached. T~e attached \otice of Intent gives you an opportunity to appear before the \Iayor and Commen Council at the regular City Couneil Meetiilg of February J, ,99-. and raise questions concerning the public interest, necessity. and loca- t ion of the project as it affects your property. The subject of the amount of compensat ion for your property is not an issue for the ~Iayor and Common Counei I 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 Ccurt. In that Superior Court proceeding the amount of condemnation is determined. EXHIBIT "e" 300 NORTH .0' STREET. SA.N BERNARDINO. CALIF 92<11' 0001 (.O.)3.4.S111.3.4.S112.F1X:l.4.S155 . . . - Jar.uary l~. 199- File :-'-0. 15.02-1259 Acquisition ~ap Xo. 09 P.-\RKER Page Two {- Ii you desire to appear before the ~ayor and Common Council and give .proper notice of appearance, the February J, 199~. regular City Council Meeting will be held in Council Chambers at San Bernardino City Hall, JOO North "0" Street, San Bernardino. CA 92~IS, 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) 3S~-5J2S. Sincerely, ROOER G. H.-\ROOR.WE, Director of Public Works/City Engineer ~.~ A. \:."E De BOLT Rea! Property Specialist .'>'t tachments cc: Henry Empeno. Deputy City Attorney . . . (- CITy OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR SAN BER'iARDI:-!O CITY COl'NCIL ='OTICE OF I:-'tE.VT TO ADOPT RESOLutION OF :>iECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR I~tEREST I:-! RE.-\!. PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MS. AGNES M. PARKER 13579 W. ~~OTA PL~CE DENVER, CO 80228 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 sf record. You are hereby nctified that the ,Iayor and Common Council at their meeting to be held on February 3. 199-. 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 ~ayor and Common Council do not consider such in determining whether a Resolution of ~ecessity should be adopted. The adopted Resolution '.i ~ I authorize the '.Iayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this \otice and is marked Exhibit "X'. 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. Ail req~ests to !ppear must be sent for filing to the City Clerk. City of San Bernardino. .100 :--;or:h "c" S:rect. San Bernardiilo, CA 92418. 300 NORTH '0' STREET. SAN BERNARDINO. CALIF 92<41' 0001 (.Oi}31..511t'31..StlZoFAX:3'..S155 1'<OTICE OF D,lEN'!' TO ADO' 'U:SOLl"I'ION OF NECESSITY r Acquisition ~ap No.9 January I~. 1997 Page Two . The ',vf i teen reques t mus t actua Ily be on file wi thin the IS-day period.. Fa'i lure 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 (cl). 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 l. In that proceeding, the court wi II determine the amount of compensation to which you are entitled. . If you have any questions, please call .~e DeBolt at (909) 334-5323. January I~. 199~ R':GER G. Pc.l.FlXiR.-\':E, Di:-e:t,~!' of Publ Ie l,\'orks/~:ity :E:-.gineer .