Loading...
HomeMy WebLinkAbout12-Public Works File No. 15.02-1259 #13 , C',TY ()F SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From:ROGER G. HARDGRAVE, Director Dept: Public Works/Engineering 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 (HUD Property - #13) 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 (HUD) 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 REQUIREMENTS: Amount: $1,600 (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:~.<<~ / ~/r:77 / Council Notes: Res 97- 3/ :1./3/'17 Agenda Item No. .Id.. f .. 75-0262 C..TV' 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. lillD is the property owner that Chicago Tit Ie Insurance is call ing the "true" owner. However, there are two other claimants to the property, each with a recorded Grant Deed. One of these parties (Bahena and Huerta) is living in the property at the present time. This property is being considered for condemnation proceedings in order to clear up the title problems. We do not want to pay the incorrect person(s) for the easement we are trying to obtain, and we need to obtain the easement in order to meet the building schedule. lillD's property is located between Amos Avenue and Waterman Avenue on the South side of Ennis Street. The City is taking approximately 835 square feet from the rear of the property. The appraised value for the property being taken is One Thousand Six Hundred Dollars ($1,600.00). 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 lillD, Mr. Erick Hernandez, and Mr. Bahena and Ms. Huerta, 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 the lillD (or Hernandez, or Bahena and Huerta) property. 01/27/97 -2- 75-0264 . The South 16.7 feet of the East 50.00 feet of the West 100.00 feet of Lot 100, No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, 13, in the Office of the County Recorder of said County. contains 835 square feet, more or less . . EXHIBIT "A" Tract Page ---------------___L__________~--- S89'SS'26'W ENNIS STREET \ \ \ \ \ \ \ \ \ r .)n 0' ~. %c; ~?J ./ . J...?J . )7)7 . . ..A \ \ \ \ . ?J . cf 0 . 0'~ . . ..-(\ . 0,0 . 1J . ?J TRAcT No - N '" r-- J995 VALL~Y TRU K FARMs JVL 8 0 ?9 / . r-- N . r-- N SOO' 0 I ' 25' W 16,7' \ N89'SS'26'E 50.00' /NOO' 01' 25' E 16.7' 50.00' N89'S5'26'E , South line of Lot \ TRUE POINT OF BEGINNING . .../ Southwest corner of Lot 100 FEE OWNERSHIP, The Secretory of Housing and Urban Development GRANT DEED PER' Inst. No. 92-356388 O.R. t Recorded August 27. 1992 .; i ~ ~ ;; . . . . ~ :; ~ SCALE: I' = 30' ~ J I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PREPAAEO 8'1. DMJM "G'f'llno ...onll........ ["",.....'... ~_..-fC_t~....t,... -. EXHIBIT "B" 0011el, MoM. JOI'V1son , Uendllnha II 275 West HosPItality Lone, Suit. 314 Son e.rncr~lno. Collfornlo 92408 19091 1189-).1&1) · San Bernardino CITY OF PUBLIC WOAKSIENQINEERING ROGER G. HARDGRAVE. DIRECTOR R . C. E. January 14. 199- file :-;0. 15.02-1259 Acquisition Map No. 13 / tv' Sent by Certified Mail Receipt No. P-225-919-680 Return Receipt Requested Hl.:1) 34 CIVIC CE~iER PL~CE SA'I,iA AX.~. c.~ 9r12 TO '.HOM IT XW COl'.'CER.'i: . 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 ~otice 'Jf !:-:t:;n: is to arh"ise you that acq1.li-s:tion of your property will be sought t~rc~g~ j~diciat process if an amicabie agreement is not reached. .~gree'1le"t bet'.leen a" o'.mer and the City may be delayed for a vadety of good reasons: however. in order to maintain a schedule for construct ion 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. P:e ,l( t~.~hed ~:ot ice of Intent gives you an opportunity to appear before the 'ola::;::- ar~d Common Council at the regular City Council ~lleeting of February 3. ~q9-. and ~aise ques~ions concerning t~e public interest. necessity, and loca- tion 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 ~layor and Common Counci l 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. STREET SA.... BERNARDINO. C ... L r ~ 9 2 -4 , 8 000' (10 I) 3 '''.51 1 1 . 3'" . 5 I 12 . F 4 X: 3....5155 ! .... ... -,.., ( · San l)ernardino CITY OF PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. OIRECTOR Janua"y 1~. 199~ File :-.io. 15.02-1259 Acquisition Map No. 13 ~ Sent by Certified Mail Receipt No. P-225-9l9-682 Return Receipt Requested ERICK O. HERNA\'DEZ 2+1 E~~IS STREET S,~~ BER~.~I~O. CA 92408 Dear ~IR. HERNA'<'DEZ: 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 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 attacr.ed :\otice of Inten: is t~ advise you that acquisition of your property will be sought :~rough j~d:c:al p~ccess if an amicabl; agreement is not reached. Ag~eeme~e bee;\'een an O'AT.er and the Cie;,' may be delayed for a variety of good reasons: ho~ever. in order to maintain a schedule for construction of this p;oject. 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 :\ot ice of Intent gi\'es YOIJ an opportuni ty to c.ppear before the ~raycr Cl:1d Ccmffion Counei 1 at the regular City Council ~feeting of Febru~ry 3. IG9-. a~d raise questions concer~ing the pub~ic interest. necessity. a~d loca- tion of the project as it affects your property. The subject of the amount of ccmrensa:ion for your property is not an issue for the ~Iayor and Common Council and it '.\'ill net 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 cetermined. . 300 NORTH O. STREET. SAN BERNARDINO. C A L IF 9 2 4 1 8 0001 (lOll 3. 4.51 1 1 . J 1".51 , 2 . FAX: 3' C. 51 55 { . · San Bernardino CITy OF PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR January 14, 199~ File No. 15.02-1259 V'Acquisition ~ap No. 13 tv' Sent by Certified ~ail Receipt No. P-225-919-681 Return Receipt Requested ~~, S.~~IAGO BAHENA & MS. 241 E~~IS STREET SA'i BER.'i..>JIDI:-iO, CA 92408 ;\.\1PARO HURTA Dear \~. B..>JfE.'iA & MS. HteRTA: . 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 \otice 0: :;:(e:it is to advise you that acqulsirion of your property wilL be sOl.lght :~rol:gh jud~:ial process if an amicable ~gree~e~t is not reached. _~,g:e-=mer.~ bet',;"~en an O:'~T1er 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 'iotice of Intent gives you an opportunity to appear before the \!a::or !lnd Common Council at the regular City Council \feeting of February J. 19q-. and raise questions concerning the public interest, necessity. and loca- tion 0: the project as it affects your property. The subject of the amount of comp"nsacion 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. . 300 NORTH o. STREET. SAN SERNAR01NO. CALIF 92"11 0001 (.OlIJ...S111.314.S112.F4X:3....S1SS . . . January 14, 199~ File ~o, 15.02-1259 Acquisition ~ap No. 13 B.-\HE.'iA & Hll~RT A Page T'NO r 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 held in Council Chambers at San Bernardino City Hall, 300 North "0" Street, San Bernardino. CA 92413, 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 ha"e any questions regarding the procedure. you can reach me by tele- phone at (909) 334-5323. Sincerely, ROOER G. HARJX;RAVE, Director of Public Works/City Engineer ~&&u- .'S~'E DeBOLT Real Property Specialist Attachments ,....... ~~. Henry Empei'io, Deputy City .-\ttorney r · San Bernardino CITY OF PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR SA" BER'iARD!\O CIE COL1\CIL \OTlCE OF I\TE\, TO ."'"-"OPT RESOLL'TION OF \'ECESSIE TO ACQCIRE CERTAIN RE\L PROPERTY" OR I:-',EREST IN RE\L PROPERTY BY EMIND., DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MR. SA",IAGO BAHENA & MS. AMPARO Hl'ERTA 2.H E:-."NIS STREET SA~ BER~~INO, CA 92408 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exe"cised to acquire property for a proposed project if the following conditions are established: . tal 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. (dl The offer required by Section -25-.2 of the Government Code has been made to the- Q'.\"iler of rec.:Jrd. You a:-e he!"-::-r]y r:oti:ied :r..c:~ the :.Ia'c:- and Common Council at their r:ee::ing to be held on ~ebruary J. 199-. in San Ee~~ardino, CA. will be asked to decide if the above co~ditions are met concerni~g 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 adcpted Resolution wi [I authorize the ~Iayor and Common Council to acquire the property by eminent domain. :\ cescript ion of the required property is attached to this \otice and is marked Exhibit "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. .~l I reque"its to appear mu" be sent fo: filing to the City Clerk. City of San P.er~ardino. j(JO \orth "D" Street. San Eernardino. n 92418. . 300 NOATH O' STREET. SA~ BERNARDINO. CALIF 9241& 0001 CtOi)3....'111.1....'112.FAX::J....5155 :-'-OT!CE OF I~iTE\"T TO .-\DO~. RESOLl"TrON OF :-.r:CESSrTY AcquiSition .\fap No. 13 .January 14. 199~ Page Two r . The .ritten 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 .hich condition forms the basis of your concerns, and why, you .ill enab Ie the ~layor and Common Counc i 1 to have a fu 11 and expedi t ious review made of the project's effect on your property. For your convenience, the ~ayor 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 ~Iayor and Common Council must adopt a Resolution of :-recessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of :-'-ecessity. the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). rn that proceeding, the court wi II determine the amount of compensation to which you are entitled. . If you have hnuar:: P, any questions. please call .\nne DeBolt at (909) 384-5328. 199- RCGE~ 0. K~~~RA~~. Dire:::,):- 0= ~blic ',I.'orks/Ci:y Engineer .