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HomeMy WebLinkAbout15-Public Works File No. 15.02-1259 #29 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From:ROGER G. HARDGRAVE, Director Subject: Dept: Public Works/Engineering tJRII:INAL Date: January 27, 1997 Hearing on Determination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (Kennedy Property - #29) 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 Exhibi t "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 (Kennedy) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution 0- x-@-- cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Supporting data attached: Staff Anne DeBo I t Phone: 5328 Report and Resolution Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: $1,700 (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:~~rP~t?~ Council Notes: Res 97- 31 75-0262 Agenda Item No. ;/3/9'1 -/'1)- . C'TY 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. Mr. and Mrs. Kennedy, owners of the property described in Acquisition Map No. 29, say they have returned the signed documents required for this acquisition, however, the City has not received them and can no longer wait for them to materialize. Eminent domain proceedings may be necessary to complete the acquisition. Mr. and Mrs. Kennedy's property is located on the North side of Pioneer Street, East of Waterman Avenue. The City is taking approximately 1,543 square feet. The appraised value for the property being taken is One Thousand Seven Hundred Dollars ($1,700.00). Again, as stated above, Mr. and Mrs. Kennedy supposedly have mailed back the executed paperwork but it has not been received. 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. Kennedy 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 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. 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 Mr. and Mrs. Kennedy's property. 01/27/97 -2- 75-0264 . . . " ~ o t , ~ . . '" BLOCJ< ,.....,..... +- ;:);:) 0 ...J .... 0 sAN 0 f ANC 0 8ERNARDjNO~ '" +- l/) +- 0 0 JVJ rl 7 J 2 w ...J D" 0) .... 1: 0 +- 0) .... c POR-r JON LO-r l 0 00) C +- l/) It'> 0) , 3: ..... +- It'> l/) ..... L~ A. P. N. 280-162-01 0) . 3: <T W " 0 It'> . N <T N It'> 0 It'> 324.8' "' N (, "' - ~ - - -v----fn - -i- - N ... S89"35'54"E Southwest corner of Lot 6 - - - - - - - - . - - - - .t- - PIONEER STREET TRUE POINT OF BEGINNING Southwest corner of the Ea t 480 feet of L t 6 FEE OWNERSHIP. Glenn A. Kennedy Martha E. Kennedy GRANT DEED PER. Instrument No. 88-440951 O.R. Recorded December 19. 1988 I I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PREPARED BY' ",",'110 _,.Chlt.C'.... [""'......1"" ,.,........eOll........,on -. DMJM SCALE: I. = 100' Donlel, Mann, JOhnson' Mendenhall 215 West HospItality Lone. SuIte 314 Son BernardIno. Collfoinla 92408 (909) 889-3466 .That portion of Lot 6, Block 55, Rancho San Bernardino, as per plat thereof recorded in Book 7 of Maps, Page 2, in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of said Lot 6; thence South 89' 35' '54" 'East, a distance of 324.8 feet to the Southwest corner of the East 480 feet of said Lot 6; thence North 00' 01' 25" East, a distance of 4.75 feet to a point lying 46.00 feet North of the centerline of Pioneer Street, 82.50 feet wide, 41.25 feet on each side of centerline, as measured at right angles to said centerline; thence North 89' 35' 54" West, a distance of 324.8 feet to a point in the West line of said Lot 6: thence South 00' 24' 06" West, a distance of 4.75 feet to the Point of Beginning. contains 1,543 square feet, more or less . . EXHIBIT "A" f AND '" +- o ...J <t- o CD c 8LODJ< 55 o SAN o 8F"RNAROJNO~ +- "' Ifl : ,... L~ o U'> N --- -~;--t-- N - v JVJ rl D" +- "' o w CD r. +- <t- bO CD c 7 J 2 PORTJoN LOT +- "' A.P.N. 280-162-01: 324.8' S89'35'54'E Southwest corner of Lot 6 - - - - - - - - - - - - - "(- - PIONEER STREET TRUE POINT OF BEGINNING . . . ~ SCALE: I' = 100' '" +- o ...J <t- o . Ifl ,... .,. W Ifl N Ifl o U'> Southwest corner of the Ea t 480 feet of L t 6 FEE OWNERSHIP' Glenn A. Kennedy Martha E. Kennedy GRANT DEED PER' Instrument No. 88-440951 O.R. Recorded December 19. 1988 I I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' EXHIBIT "B" PREP....RED liT. ".....,'" ......,.......... EI'IO',....'''' ....oo'_COt'l."....,.. -' DMJM 00"\ lei, wann, Johnson' MendeMQ I I 275 West HospItality Lone, Suit. 314 Son 8.r~dlno. California 92408 (901)) 889-)466 ~ . CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G DIRECTOR HARDGRAVE. R, C, E. tv Janua,y 1+. 199- File ~o. 15.0~-1~59 Acquisition Map No. ~9 Sent by Certified ~Iail Receipt No. P-225-919-639 Return Receipt Requested ~lR. .-'..\1) ~lRS. GLE.\'X A. KE:-'",'EDY 650 BRE..>, C.....'iYON ROAD W.-\L\1.. T. c.-\ 91 -39 De a, ~IR. .-\. \1) ~lRS. KE.\")iEDY: .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 ccnde~n, Such notice must be prior to submission of an authorizing resolution C0 t~e appropriate co~~ission for adoption. The purpose of the attached ~c:ice 0: r~:::-:;: is to aCT~-ise YOl~ thcn acquisition of your property '.~.ill be 5C':..:~ht t~rGug~ judici~l process if an amicable agreeme~t is not rea:hed. .\~:-ee~en: ~e:',l,.ee:1 ar: c1.'.-ner and the Ci ty :nay be delayed for a \-ar-iety of g;"lod reasons: however. in orde, to maintain a schedule for construction of tnls 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 ,1tcached ~otice of lntent gi"es you an opportunity to appear before the \1(l.Yo: ~n,:: C.Jmmon Ccur.::il a~ the regular City Council ~Ieeting of Februc,ry 3, !(iCl-. 7.:-J r~'ti~e q11est:;.--:r.s conc~rnir:g the F"ubtic interest. necessity. and L::::a- tie.", c': the project as it affec.s your property. The subject of the amour" of CGm"e::-;~, ion for you, prcpeny is not an issue for the Mayor and Conunon Cour:ci 1 af!d it '.Iil, not be considered by them. If the Resolution is adopted. the City hilS the at:thori ty to file an eminent domain action in the Superior Court. In tha: So"erlor Court proceeding the amount of condemnation is determined. . EXHmlT "c" 300 NORTH O. STREET. SAN BERNAROINO. CAL1~ 92413 0001 ,IQIJ3'..S111'3'.,S112.FAX:31._S1SS . . January 1~. 199~ Fi le ;';0. 15.02-1259 AcquiSition Map ~o. 29 KE.'i:-;'EOY Page T',vo r If you desire to appear before the Mayor and Common Council and give proper notice of appearance. the February J, 199~, regular City Council ~eeting will be he Id in Counci I Chambers at San Bernardino Ci ty Hall, JOO :-Iorth "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. rf you have any questions regarding the procedure, you can reach me by tele- phone at (909) JS~-5J2S. Sincerely, R<XiER G. Ii-'.RDGRA\I'E, ~~ X':~,'E DeBOLT Real Property Specialist Engineer .-\t tachments cc: Henry Empeno. Deputy City Attorney . ,. . CITy OF San Bernardino PUBLIC WOAKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR SAN BER\1ARDINO CITY COl'NCIL !liOnCE OF I:-'TDjT TO ADOPT RESOUiTION OF NECESSITY TO ACQClRE CERTAI.\i REAL PROPERTY OR I:o..iEREST IN RE..>J. PROPERTY BY EMIJIiThi DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MR. AND MRS. GLEl'<N A KEl'<NEDY 650 BREA CANYON ROAD W..>J..'iUi, CA 91789 California Code of Civil Procedure. Section 12~0.030, provides that the power of emi~ent 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. (dl The offer required by Section 726-.2 of the Government Code has been made to the O~TIer of record. Y:..'u a:-e hereby notified thc.: tree \Iayor- a::d Common Cou:1cil at their meeting to ce held or; February 3. i99-. in San Bernardino. CA. will be asked to decide if the acc\'e conditions are met concerning your property and, if so. to adopt a Resolution of !'ecessity. The Public Hearing portion of the City Council ~Ieet- 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 .\iecessity should be adopted. n~e adq)[ed Resolution ','ill authorize the ,Iayor and Common Council to acq'..lire the pr,cfOerty by eminent domain. A description of the required property 15 attached to this :\otice and is marked Exhibit "X'. If you file a written request to appear ('liithin 15 days from the mailing of this ~otice) you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. .AI! req'lests to appear must be sent for fi I ing to the City Clerk. City of San Be,rardi:1c. 300 ~(\rth "0" Street. San Bernardino. C.A 92~IS. . 300 NORTH 0 STREET, SAN BERNARDINO. C" II F 9 2" 'a 0 0 0 1 (' 0 8) 3 I.. . 5 , 1 , . 3... . 5, 12 . FAX: "".5155 :-;OT~CE OF I~lTh'T TO AOOl ..>.cquisition Map :-;0. 29 January 14. 1997 l>age Two ~SOLurION OF NECESSITY (~ . . . The written request must actually be on file within the IS-day period.. Fa'ilure 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 {al, (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 domair. 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). In that proceeding, the court ',vill determine the amount of compensation to which you are entitled. . If you have any questions, please call .-'.one DeBolt at (909) 334-5323. January 14. 1997 Rex:; EO. G. 1i.\.RIX:; R. WE. D:.r~c:.):- of Public );o:ks/'::ty Eng:;:.;e:. .