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HomeMy WebLinkAbout18-Public Works ,.,'1',/. File No. 15.02-1259 1F49 Cl'fV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . . From:ROGER G. HARDGRAVE, 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 (Carey Property - #49) Dept:Public Works/Engineering Date: January 27, 1997 ORIGINAL Synopsis of Previous Council action: 07/06/92 04/08/93 10/04/93 01/08/96 06/03/96 Recommended motion: Authorization granted for City to assume responsibility for project man- agement services. 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' Resolution No. 93-379 adopted authorizing execution of First Amendment to Agreement to amend Task 7 of Exhibi t "1" Environmental Site Assessment. 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. Establishment of Fair Market Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of Right-of-Way 1. That the Hearing relative to the Necessity of Acquiring Real Property (Carey) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND o.,~ 2. Adopt the Resolution cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Anne DeBo It 5328 Contact person: Supporting data attached: Staff Report and Resolution Phone: Ward: 1 and 3 Amount: $2,500 (Federal Aid STP and IVDA Funds) FUNDING REOUIREMENTS: 242-362-5504-1996 Source: (Acct. No.) Extension of Orange Show Road from Finance~~/7e1~ (Acct. Descriotion) Arrowhead Avenue to Tippecanoe Avenue Council Notes: Res 97- 31 ~/3Jq7 Agenda Item NO.J% . r- ,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. Carey, owner of the property described in Acquisition Map No. 49, has accept to accept the established fair market value offered by the City, domain proceedings will be necessary to complete the acquisition. declined to and eminent Mr. Carey's property is located on the North side of Pioneer Street, just before the Santa Ana River (East of Waterman Avenue). The City is taking approximately 2,197 square feet. The appraised value for the property being taken is Two Thousand Five Hundred Dollars ($2,500.00). Mr. Carey has requested a letter allowing him to speak to the appraiser, which the City has provided. Adoption of a Resolution of Necessity is the necessary legal step under the Eminent Domain Law to commence proceedings. The law requires that the property owners be af- forded a hearing prior to the adoption of the Resolution in which the following issues need to be determined: (1) whether the public interest and necessity require the pro- ject; 92) whether the project is planned or located in the manner that will be compat- ible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Notice of this Hearing was sent to Mr. Carey by certified mail at least 15 days prior to the Hearing, as shown on Exhibit "c" attached to the Resolution. The hearing is not a time or place to negotiate with the owners or hear complaints about the City's appraised value, and the discussion should be limited to the three issues outlined above. All costs required for acquisition of this parcel will be charged to Account No. 242-362-5504-1996, "Extension of Orange Show Road", and reimbursed from Federal Aid STP Funds (88%), and IVDA (12%). We recommend that the Hearing be closed, and that a finding be made that the public interest and necessity require the acquisition of Mr. Carey's property. 01/27/97 -2- 75-0264 .. ._~" . '~':~~;1(:-"~~1'~~ ".'.'"'-1$, ;,' .:.~' " ',\1. Stt1 :;';(:, ..... ~ TRi\CiT NO~ 22'/8 VALLEY fRUCK FARMS NO~ 4 JVLB~ 31 o If) o If) / 9c t -' .... o CD c +- I ~~ 0 -' N , '- ~L.J .... en l.C'l~4 0 - ,- I -:0 CD IJJ CURVE DATA ~~4 c 0 , ,~ CO R . 1954.00' \tl,_ 0: N 6. . I' 42' 57' Z\ +- L 58.5' , . \ '" 29.3' CD . T . : 3: Z Chord bears , . . , S. 83' 26' 33' W. , a.. , 58.5' , . . , , < . <ll , , N : L\ +- ~CURVE DATA ~ R' 1396.00' LoJ 6.' 1'43'47' L . 42. I' T . 21. I' Chord bears S, 83' 26' 58' W. 42, I' - CD r<l l ~_.- --.-- ---. 100. " S89'35'24'E : ~: \ , . - ----: _ _ - - w w. , . '- . ,- (1)'-J '-'>~ J 0:4, lI'l:4 .. :_ q.~o -:0 N:4 q:4 '0: . '0: ;...:_ If')~- 0: O~ "': V'l' SOO'OI'25'W 15.90'- - -- ------- Southwest corner of Lot 50 corner TRUE POINT OF PIONEER BEGINNING~ STREET Center I Ine of proposed Orange Show Rood FEE OWNERSHIP, lone Carey, as Trustee of that certain Revocable Declaration of Trust, known as the lone Corey Revocable Trust WI I 110m S. Carey Michael R. Corey GRANT DEED PER. Inst. No. 91-484272 O.R. Recorded December 23. 1991 and Book 9212 poge 101 O.R. Recorded July 5, 1977 I I I NO I CA TES EASEMENT FOR , ROADWAY PURPOSES ~ INDICATES AREA OF 'PERMIT ~ TO ENTER AND CONSTRUCT' PREPARED BY. DMJVI """"tIO ArCl\lIeoct..... [tIOl.......lno "'ogr-"C_trWllon -, SCALE: I' = 50' Om lei, Worm, JOhnaon" lAendenha I I t~ :::~~1~~a~~rrf~~~Q sg~~g8314 1909) 889.3466 . That portion of Lot 50 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: Beginning at the Southwest corner of said Lot 50; thence South 890 35' 24" East (recorded as South 890 39t' East), a distance of 100.0 feet, to the Southeast corner of said Lot 50; thence North 000 01' 25" East, a distance of 28.11 feet to a point on a 1396.00 foot radius curve, concave to the South; thence Westerly along said curve through a central angle of 010 43' 47", an arc distance of 42.1 feet; thence continu- ing Westerly along a curve having a radius of 1954.00 feet, concave to the North, through a central angle of 010 42' 57", an arc distance of 58.5 feet to a point in the West line of said Lot 50; thence South 000 01' 25" West, a distance of 15.90 feet, to the Point of Beginning. contains 2,192 square feet, more or less . . EXHIBIT "A" "~j~ l1~. r ...... - TR!\CT NO. 22?8 VALLEY fRUCK FARMc NO. 4 JVL8. 3J / 0 U"l '+- +- 0 3:: 0 I G> -' (\J c ~:~ '+- en \f)~c:( 0 I1JCURVE DATA . ,- r +- -:0 G> q':< 0 ., R 2 1396,00' OJ CURVE DATA c 0 , ,ex: CO UJ e. . i' 43' 47' R . 1954,00' U"l'_ 0: (\J L . 42, " e. 2 I' 42' 57' z: +- T . 21, I' L 2 58,5' , ., . 0 Chord bears T 2 29,3' . CI) Z Chord bears , 3: S, 83' 26' 58' W. 0 42, I' S. 83' 26' 33' W. , 0... 58.5' 0 < <Xl I"l , 2 t SOO'Ol'25'W .-- ------- TRUE POINT OF PIONEER BEGINNING~ 100. .' S89' 35' 24' E : C3L \ __: :--~- - , _ ~ - - - w, ~~_ ~~J (jI~~ ~~ 4 ?~:: ~:o -:0 No..:( <r:<t . : a: . :ex: 1"-'- l,{'l,- o~ 0: V'l~ V'l . Southwest corner of Lot 50 --- ---- Southeast corner of Lot 50 STREET Center I Ine of proposed OranQe Show Road FEE OWNERSHIP. lone Carey. os Trustee of that certain Revocable Declaration of Trust. known os the lone Corey Revocable Trust WI I 1 lam S. Corey Michael R. Corey GRANT DEED PER' Inst. No. 91-484272 O. R. Recorded December 23. 199 I and Book 9212 Page 101 O.R. Recorded Ju I y 5. 1977 I I INDICATES EASEMENT FOR , ROADWAY PURPOSES ~ iNDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PREPARE.D BY' DMJM "....,.. ........It....... 1..'_1.... I'r.~_,~...".. -. SCALE: I' = 50' E:Hrntr "B" DCI'lI.I. Mann. Johnlon' ....noeMaII 27S w..t Hospitality lone, Suit. 314 Son 8ernorolno. California 92408 1909) 889-3466 . , ,--- ( k CITY OF San Bernardino P U8 L f C WORKS/ENGINEERINQ ROGER G. HARDGRAVE. R.C.E. DIRECTOR / / Januar\' I.L 199" lY , 'File X~. 15.02-1259 \I Acquisition Map ~o. 49 Sent by Certified ~Iail Receipt ~o. P-225-919-692 Return Receipt Requested ~IRS. lONE CAREY, WlLLI.....\1 3957 OXFORD LA\~ SA~ BE~~;RDI~O, CA 92408 S. C.~Y & MlCK~L R. C.~ Dear ~S. CAREY A\TI ~~SSRS. C.~~ry: . 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 .:: Inte:1: is to ad';is~ you tha: acqui:5itL:m of your property will be sought :~rcugh jt:di:ial ?r~cess if a~ a~~cat~e agreement is not reached. ..l..gr-c:::ner.: bet"l,'i:::t:n c.:1 OW71er -3.:ld ~he City may be delayed for a variety of good reasons: howe.;er. in order ta 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. ;.~.l:: ~~ttdched :'-ctice of [ntent gil.;e5 you an opportunity to appear before the "!?yor aild (ommen Council at th~ regular City Council ~Ieeting of February J. I~q-, And raise ~ue~tions conc~rning the public interest. necessity. and loca- t ;c-n of the proj~ct as it affects your property. The subject of the amount of cGm[lensation far your property is not an issue far the ~Iayor and Common Council ancl it will not be considered by them. If the Resolution is adopted. the City has the Bu:hority to file an em:nent domain action in the Superior Court. In tha: Superior (Qurt proceeding the amount af condemnation is determined. . D:HIBIT "e" 300 NORTH O. STREET. SAN BERNAROINO. CALIF 92418 0001 IIOI'3.4.S11'.'.4.S11Z.FAX:314_S1SS , . . .:d.i!\l..l:Y l-+. 199- ?i Ie. Xo. 1.5.02-1259 Acquisition ~ap ~o. 49 CAREY Page r-~'o 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 "D" 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 YCll have any questions regarding the procedure. you can reach me by tele- phone at (909) 384-5323. Sincerely, RCXJER G. HAROORA VE, Director of Public Works/City Engineer ~&&t .,-';xt: DeBOLT Real Property Specialist .'.ttachments cc: Henry Empeno, Deputy City Attorney . ( . CITy OF San Bernardino PUILIC WOAKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E. OIRECTOR SA,\i' BER\i'ARDI:-'-O CIn- COL':-iCIL :\OTICE OF I\Io:.\'T TO ADOPT RESOLL'TION OF :\ECEssrw TO ACQUIRE CERTAr:-.- REAL PROPERW OR r~'TE.~ST IN REAL PROPERW BY E.\fINE.W DOMAIN (Code of Civil Procedure. Section 12~5.235) TO: MRS. lONE CAREY. WILLI....\( S. CAREY. & ~fICHAEL R. CAREY 3957 OXFORD L"'\"E SAN BER\i'.ARDINO. C.'. 92~OS Califo,nia Code oi Civil Procedure. Section 12~0.030. provides that the power of eminent domain may be exercised to acquire property for a proposed project if the fOllowing conditions are established: . (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. Ic) The property sought to be acquired is necessary for the project. (d: The off~r requirej by Section -~6-.2 of the Government Cede has been :T!ade to t r:e C.,\T:e:- .:;f reco:~l. Y'...lU a:-e r.ereb:: nctifie:-: t:-:at the ~Ia'yo: ar:c Common Council a: their meeting to b~ hel~ on f~brua:y J. 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 ~feet- ings begins at 10:00 a.m. or as close to that time as possible. Questions concerning the imount 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 :\eressity should be adopted. The adcpted Resolution '."l! authorize the "Iayor and Common Council to acquire the property by emine~: iomain, A description of the required property is attached to this :-'-otioe ancl is marked Exhibit "X'. If you file a written request to appear (',\'ithin 15 days from the mailing of this :\oticeJ you are e~titled to appear and object to the adoption of the Resolutian, Objections ore limited as set forth below. . All reque~t~ to appea~ Berna:di~o. J::~ ~0rth ,:""t be sent f"f filii'!~ w the City Clerk. Cityof 5:reet. San Ber~arjino. CA 92413. Siln 300 NORTH O' STREET. SAN BERNAROINO. CA.LIF g2.418 0001 (.OIJ384-S111'JI4.51tZ.FAX:3.4.5155 , ~--. \OT!C::: Of !:-'lEXT Te ,\OCh RESOLLllC:-; Of :-.t:CESS1W ..l.cqt:isi t ion ~fap ~o. -J.9 January 1+, I99~ Page Two ( . The ','Titten request must actually be on file within the I5-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) ,hich 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, yo~ will enable the ~layor 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 written observations are filed with the City Clerk within the IS-day period. The Mayor and Common Counci I must adopt a Resolut ion of :o<ecessi ty before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of :O<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 will determine the amount of compensation to which you are entitled. ~ If you have any questions. please call .\nne DeBolt at (909) 38+-5328. January H. I99~ :::.C-;E? G. E.lR.cGR.\"\'"E, ~i r~ct:Jl' of fn.lbl ic 'scrks;'Ci t:: ;:;;~.:rLee:- .