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File No. 15.02-1259 1P48 & 50
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
,
,
From:ROOER G. HAROORAVE, Director
Dept: Public Works/Engineering
Date: January 27, 1997
Subject:
ORIGINAL
Hearing on Determination that the
Public Interest and Necessity Requires
the Acquisition of Certain Real Prop-
erty for the Extension of Orange Show
Road (Rohr Property - #48 & 50)
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 (Rohr)
for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue be Closed
AND
cc:
2. Mop' U.. '..ol""~ ~
Bi 11 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 Resolut ion
Ward:
1 and 3
FUNDING REOUIREMENTS:
Amount: $6,100 (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: ~~/~~/01--
Council Notes:
Res 97- 3"
a/3/97
.
Agenda Item No. /7
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.
Mr. and Mrs. Rohr, owners of the property described in Acquisition Map No. 48 and 50,
have declined to accept the established fair market value offered by the City, and
eminent domain proceedings will be necessary to complete the acquisition.
Mr. and Mrs. Rohr's property is located on the North side of Pioneer Street, East of
Waterman Avenue. The City is taking approximately 5,449 square feet. The appraised
value for the property being taken is Six Thousand One Hundred Dollars ($6,100.00).
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: (I) 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. Rohr 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
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. Rohr's property.
01/27/97
-2-
75.0264
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R = 1396.00'
{),. = 4' 06' 49'
L = 100.2'
T = 50. I'
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PARCEL NO, I _~-------
~~t~~s.!.-c_o.cDer-Of- Cot- 51 ~ ,:,\:ARCEL
\- Southwest corner of Lot 49 ~\~
PIONEER STREET ;\~
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Centerline of proposed 0:
Oran e Show Rood Vl'
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[] CURVE DATA
R = 1954.00'
{),. = 2'56'27'
L = 100.3'
T = 50,2'
Chord bears
S, 85' 46' IS' W,
100.3'
A. P. N.
280-192-12
100.0'
S89'35'24'E
TRUE POINT OF
BEGINNING FOR
PARCEL NO. I
SCALE: I' = 50'
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INDICATES EASEMENT FOR
ROADWAY PURPOSES
INDICATES PERMANENT SLOPE
AND DRAINAGE EASEMENT
INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
FEE OWNERSHIP.
Martin H. Rohr
Elaine F. Rohr
GRANT DEED PER.
Inst. No. 89-161003 O.R.
Recorded May 5. 1989
and
Inst. No. 89-174279 O.R.
Recorded May 16. 1989
PREPARED BYo
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275 west Hospitality Lone. SuIte ]14
Son Bernardino, California 92408
19091 889-].466
.
Those portions of Lots 49 and 51 of Tract No. 2228, Valley Truck Farms No.4; as per
plat thereof recorded in Book 31 of Maps, Page 95, in the Office of the County
Recorder of said County, described as follows:
PARCEL ONE:
Beginning at the Southwest corner of said Lot 51; thence East along the South line of
said Lot 51, a distance of 100.0 feet, to the Southeast corner of said Lot 51; thence
North along the East line of said Lot 51, a distance of 15.90 feet to a point on a
tangent curve, concave to the North and having a radius of 1954.00 feet; thence
Westerly along said curve through a central angle of 020 56' 27", an arc distance of
100.3 feet, to a point on the West line of said Lot 51; thence South along said West
line, a distance of 7.79 feet, to the Point of Beginning.
contains 1,149 square feet, more or less
PARCEL TWO:
Beginning at the Southwest corner of said Lot 49; thence East along the South line of
.said Lot 49, a distance of 100.0 feet, to the Southeast corner of said Lot 49; thence
North along the East line of said Lot 49, a distance of 35.17 feet to a point on a
tangent curve, concave to the South and having a radius of 1396.00 feet; thence
Westerly along said curve through a central angle of 040 06' 49", an arc distance of
100.2 feet, to a point on the West line of said Lot 49; thence South along said West
line, a distance of 28.11 feet, to the Point of Beginning.
contains 3,217 square feet, more or less
PARCEL TIJREE: (SLOPE AND DRAINAGE EASEMENT)
That portion of Lot 49 lying South of the following described line:
Commencing at the Southwest corner of said Lot 49; thence North along the West line
of said Lot 49, a distance of 36 feet, to the True Point of Beginning; thence North-
easterly, in a straight line to a point on the East line of said Lot 49, said point
lying 50.0 feet North of the South line of said Lot 49, as measured at right angles
to said South line and the Point of Termination.
contains 1083 square feet, more or less
.
EXHIBIT "A"
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PARCEL NO, I . l- . - .
Sout~e.s.!... c.o0}er ...of- 1::01-- 5T ~ ':'\ ~ARCEL
/ \- - - P ISONEeERomer STRE4ET ~\i
/ ~Centerl Ine of proposed ~:~
Orange Show Rood ~'
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L TRUE PO 1 NT OF' r , I NO I CA TES EASEMENT FOR
BEG I NN 1 NG FOR . . ROADWAY PURPOSES
PARCEL NO. I
V~~~~~/1 INDICATES PERMANENT SLOPE
~ AND DRAINAGE EASEMENT
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OJ CURVE DATA
R = 19S4.00'
6 . 2' S6' 27'
L = 100,3' ;':
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Chord bears ':":
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A.P.N.
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IZ] CURVE DATA
R = 1396.00'
6 = 4' 06' 49'
L = 100.2'
T = SO. I'
Chord bears
S. 86' 22' IS'W.
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INDICATES AREA OF 'PERMIT
TO ENTER AND CONSTRUCT'
FEE OWNERSHIP,
Martin H. Rohr
Elaine F. Rohr
GRANT DEED PER,
Insl. No. 89-161003 O.R.
Recorded May S. 1989
and
Inst. No. 89-174279 O.R.
Recorded May 16, 1989
EXHIBIT "B"
SCALE: I' = 50'
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A. P. N.
280-192-10
100.0'
589'3S'24'E
PREPARED BY,
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215 west HOSp1 toll ty Lone. Sui'. }14
Son aernardlno, Co,lfornlo '2408
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CITY OF
San Bernardino
PUBLIC
WOAKS/ENOINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
January 1+, 199'
File ~o. 15.02-1259
Acquisition Map No. +8 & 50
Sent by Cert if ied ~Iai I
Receipt No. P-225-919-691
Return Receipt Requested
~lR. A."1) MRS. MARTIN ROHR
JJJ6 BIG D.~TON Av~~~~
BALDWIN ~;RK. CA 91'06
Dear ~lR. A.\D ~lRS. ROHR:
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
:0 the appropriate commission for adoption. The purpose of t~e a:ta~hed Notice
1.....: :r:::-::r1t i~ to ad\+ise you that acquisition of your proper::::,; ..~'ill be sought
:~~0Ggh judici~l precess if an ami:ab!e agreement ~5 not reached.
.-1.g:-eemer:t bet.,l"~en ~n O',liner a:1d the City may be delayed for a \-:lriety 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
c\\ner 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.
~;:= i:l:t<lChed ::o:i'..:e of Intent gi\-es yo\..: ~=tn oppor::..:.nity to a9~ear befOf':: th~
"!:1'.-:-r E!.od ::cmm\Jr1 Council a: the reg11!ar City Council ~Ieeting cf February 3.
:~~-. a~J faise q~e5tions concerni~g the pcb~ic interest~ necessity, and loca-
: :c~ of tr.e proj~~t as it affects your property. The subject of the amount of
::l"""nSc\t ion for your property is not an Lssue for the .\Iayor a~d Common Counci 1
and it~ill not be considered by them. If the Resolution is adopted, the City
h,,, the d'Jthority to file an eminent domain action in the Superior Court. In
:h~: S~rer:or Court proceeding the amount of condemnation is determined.
.
EXHIBIT "e"
300 NORTH O. STREET. SAN BERNAROINO.
CALJI= 92-418 0001 (to'J314-S111.314-S112oFAX:314.S1SS
.
.
.!'ar.t.:i.l:Y l~. 199-
F:le ~o. 15.02-1259
Acquisition Map ~o. 48 & 50
ROHR
Page T'NO
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 :-'-orth "D" Street.
San Bernardino. CA 92418. beginning at 9:00 a.m., with Public Hearings gene~al-
ly beginning at 10:00 a.m., or as close to that time as possible.
If yc~ have a~y questions regarding the procedure, yell ca~ rea~h me by _~1~_
phone at (909) 384-5328.
Sincerely,
ROGER G. HARIXJRA VE.
Director of Public Works/City Engineer
k~
Real Property Specialist
Attac}1""ents
cc:
Henry Empeiio. Deputy City ."Horney
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CITY OF
San Bernardino
PUBLIC
WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E
DIRECTOR
SA.'i BER.'iARD!:\O CITY COl':\CIL
:\OTlCE Of ImE1'<'T TO AOOPT RESOLl;'TIO~ Of ,,;ECESSITY
TO ACQUIRE CERTAI~ REAL PROPERTY
OR I1'<TIREST IN REAL PROPERTY BY E.\miE.."'T DO~l-\IN
(Code of Civil Procedure, Section 12~5.235)
TO: MR. AND MRS. MARTIN ROHR
3336 BIG OAL TON AVENUE
B.-\LOWIN P.~. CA 91706
California Code of Civil Procedure, Section 1~~0.030, provides that the power
of eminent domain may be exercised to acquire property for a proposed project
if the following conditions are established:
.
(al 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.
(di The offer required by Section -~6".2 of the Government Code has been
made to the O~TIer of record.
~'.:~ a~e he:-eby nccU'iec that the .\Iayc:- anc. Cammer. Council at their meeting to
be held on February 3, 199". in San Bernardino, CA. will be asked to decide if
,he above conditions are met concerning your property and, if so, to adopt a
ResC'lution of :\ecessity. The Public Hearing portion of the City Council ~.leet-
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 Necessity should be adopted.
Th~ ::tdopted Re$ollJ~ ion 'lid 11 authorize the ~.Ia'yor a;~d Ccmmon Counci 1 to acql.lire
the property h,;." eminent c!omnln. _~ descri!Jtion or the required property is
attached to th!s \otice and is marked ~xhibit "An.
If you file a ';.Titten request to appear (within 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.
,All requests to ap[Jear muo;t be sent for fi ling to the City Clerk. City of San
Bernardino. 300 \orch "[1" Street. San gernardino. c..l" 92-118.
.
3:)0 NORTH 0' srREET s,\~ aERNARDINO.
CALIF 92418 0001 (iOiI3.4.S111'J.4.Stt2.FAX:3.C.S1S5
i'iOTICE OF I~1'E.vr TO AI)('
Acquisition ~ap ~o. +8 ,
Jani.lary 1+. 1997
Page Two
RESOLtiTION OF ~CESSITY
50
f
.
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(Sl
which you fee! are pertinent to your property. The three conditions which may
affect your property are set forth above (designate (a), (bl. and (c)). By
designating which condition forms the basis of your concerns, and why, you will
enable the ~ayor and Common Council to have a full and expeditious 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 wri"tten observations are
filed with the City Clerk within the I5-day period.
The ~ayor 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 locaced). In that proceeding, the court will determine the amounc of
compensation to which you are entitled.
. If you have any questions, please call Anne DeBolt at (909) 3S+-53~3.
January 1+, I99~
RGGER G. :{:~._RCGR\i,"E.
Si:-e'::::' sf Publi-: ',l;orks/C:ty Engineer
.
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Thl1se pan ions of Lots .19 and ~[ of Tract :-':0. 2223, Valley Truck Farms ~o. -1-:
plat thereof recorded in Book 3[ of ~aps. Page 95, in the Office of the
Recorde, of said County, described as follows:
as per
County
PARCEL O\'E:
Beginning at the Southwest corner of said Lot 5[; thence East along the South line of
said Lot 5[. a distance of 100.0 feet. to the Southeast corner of said Lot 51: thence
:-':orth along the East line of said Lot ~[. a distance of 15.90 feet to a point on a
tangent curve, concave to the ~orth and having a radius of 195-1-.00 feet: thence
Westerly along said curve through a central angle of 02' 56' 27". an arc dista:lce of
100.3 feet, to a point on the West line of said Lot 51; thence South along said West
line, a distance of 7.79 feet, to the Point of Beginning.
contains 1.1-1-9 square feet. more or less
P.~(,EL j.\'O:
Beginning at the Southwest corner of said Lot -1-9; thence East along the South line of
--aid Lot -1-9. a distance of 100.0 feet. to the Southeast corner of said Lot -1-9: thence
rth along the East line of said Lot -1-9. a distance of 35.17 feet to a point on a
angent curve. concave to the South and having a radius of 1396.00 feet: thence
Westerly along said curve through a central angle of 0-1-' 06' 49". an arc dista~ce of
!00.2 feet. to a peint on the West line of said Lot 49; thence South along sa:c West
! ine. a ~!i5tRr.ce c~ ~3.l1 feet. to tb: Point of Beginning.
(-"'r.:-ii:1S J.~l- 5qU;.1f-:: feet. Jlcre or less
PARCEL T:-!REE: (SLOPE .-\.'\D DR-\I~;AGE EASE.\!E:-':TJ
That po,tion of Lot 49 lying South of the following described line:
Commencing at the Southwest corner of said Lot 49; thence :-':orth along the West line
of said Lot 49. a distance of 36 feet. to the True Point of Beginning; thence \:onh-
I. . l... .. . ~ .' . r- .. I' ~ r~ ~ - . . r . t ') - a . ,..: ....0 1 ~ _
c.1s:el y. :n. a 5~ralg;lt .!.l:".e to a. pe!.n:.. on '.~':: l...~1S. .1:1e '~.- ::->d.lG .:...01. "T;. .::: .1... ~.... . iiI..
!}"ing ~~.O f~~t ~or:h cf t~~ Scuth !i~e of ~~id Lot ~? ~3 meas~red at righ: ~~gle5
:('1 said SO:j:h I in~ ;::Lr;d the Pc::-:t of Termina: iOE.
CG!1:al!1'5 1:'),sJ ':)q'J':ir~ feet. more or less
.
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