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HomeMy WebLinkAbout19-Public Works File No. 15.02-1259 #51 & 52 CITY .OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ----:-~ 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 (Arellanes' Property - #51 & 52) From:ROGER G. HARDGRAVE, Director Dept: Pub I ic Works/Engineering Date: January 27, 1997 Cia/GINAL Synopsis of Previous Council action: 07/06/92 04/08/93 10/04/93 01/08/96 06/03/96 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 Exhibit "I" 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 Recommended motion: 1. That the Hearing relative to the Necessity of Acquiring Real Property (Arellanes) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND {A ~~- I re 2. Adopt the Resolution cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrator James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Phone: Anne DeBo It 5328 Ward: 1 and 3 Supporting data attached: Staff Report and Resolution Amount: $9,800 (Federal Aid STP and IVDA Funds) FUNDING REQUIREMENTS: 242-362-5504-1996 Source: (Acct. No,) (Acct. Description) Arrowhead Avenue to Tippecanoe Avenue Extension of Orange Show Road from Financea~/>ffM~ Council Notes: Res 97- 3 '1 15-0262 Agenda Item No. J/3/91 19" 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. Arellanes, owner of the property described in Acquisition Map No. 51 and 52, has declined declined to accept the established fair market value offered by the City, and eminent domain proceedings will be necessary to complete the acquisition. Mr. Arellanes' property is located on the North side of pioneer Street, between Waterman Avenue and the Santa Ana River. The City is taking approximately 8,700 square feet. The appraised value for the property being taken is Nine Thousand Eight Hundred Dollars ($9,800.00). Mr. Arellanes has submitted orally a counteroffer for Twenty Thousand Dollars ($20,000). There is no basis in the appraisal of the property to support this claim. 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. Arellanes 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. Arellanes' property. 01/27/97 -2- 75-0264 d30' wide Gas Line Easement In favor of Southern California Gas Company per Easement Deed recorded June 31. , 1948 In Book 2239 Page 86 O.R. c:> z z z c:> W -10- I.L. r- o If) ,.., 3: 3 I- Z. If) o N a.. o W. ::l g a:: Vl I- ~ Southwest corner of Lot 48 ;; < ~ . . . . . ~ o , co en 0 0 I I N N en en I I 0 0 CO CO N N . 48 z . a.. . <( 30' CD .... + o ....I ..... o CD c + l/) CD 3: NORMAN w 0::; N... ....0 ,..,... '0: - ~ o Vl FEE OWNERSHIP. Frank L. Arel lanes Pauline Y. Arel lanes GRANT DEED PER. Inst. No. 90-169764 O.R. Recorded May I. 1990 , ~: . '- ;:':.....J .. : <{ ltl;o ~;<t ~:a:: 0:- Vl: . o ( SCALE: I' = 100' 150.0' _ . _ - - - '/ 1 -5-89'-35' 24.' E -+ - _ _ , Center I I ne of proposed _ _ _ .. -/... -: .' l- _ _ _ _ _ _i, -t- , -::-::....:.. yyorange Show Rood P IONtER A VENUE South~~t- --,__ corner of '__ Lot 48 ROAD T RJ\ e- ND 22'/8 VJ\LLEY TRU J< F '~RJVJS CD .... + JVL 8 3] J 9c' 0 ....I ..... .0 CD C + l/) o w [OCURVE R . 13 A . 6' L . 15 T . 75 Chord N. 88' 2 150.0' . '1,."> '1-" ":> / / ATA 6.00' 9' 41' . I' I' ears , 29'W, o ,'1,.<-; .... 0' . C)C ~ ---"~ / ....... ....... I I ~ ~ INDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES PERMANENT SLOPE AND DRAINAGE EASEMENT INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PREPAREO BY' ~10"i'\'''' .....11"'.... 1"11'1_'''' .~.QIIIf(_lrucl''''' -, DMJM Dan I e I. 1.Iom. JOlV'Iaon" MendenhQ I I 215 West UOsPltolltr Lon., Suit. 314 San Bernardino. Col fernie 92408 (9091 889.)466 . That portion of Lot 48 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 48; thence East along the South line of said Lot 48, a distance of 150.0 feet to the Southeast corner of said Lot 48; thence North along the East line of said Lot 48, a distance of 32.29 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 060 09' 41", an arc distance of 150.1 feet to a point on the West line of said Lot 48; thence South along the West line of said Lot 48, a distance of 35.17 feet, to the Point of Beginning. contains 5,259 square feet, more or less PARCEL TWO: (SLOPE A'I/D DRAINAGE EASEMENT) ~AII that portion of said Lot 48 lying South of the following described line: Beginning at a point on the West line of said Lot 48, said point lying 58 feet North of the Southwest corner of said Lot 48; thence Easterly in a straight line to a point on the East line of said Lot 48, said point lying 58 feet North of the Southeast corner of said Lot 48. and the Point of Termination. contains 3,330 square feet, more or less . EXHIBIT "A" 30' wide Gas Line ~asement In favor of Southern California Gas Company per Easement Deed recorded June 31, 1948 In Book 2239 Page 86 O.R. NORMAN ROAD C) Z Z Z C) W -to lL. o co .,. ... to Ol 0 0 0 ..J I I <t- C\I C\I 0 Ol Ol <Il C I I 0 0 ... to to f/J C\I C\I <Il ~ . . z /18 z . -1 ,.. . . a. a. r- . . , <( <( Ifl ,... ~ 30' I- Z 3 , Ifl o N a. W :::l 0:: I- ~ o o o '" w ~I , '- N-:-.J l<t . . lJ");o M:< ;':a: 01- "'I Southwest corner of Lot 48 o::i N<t "'0 "'''' , a: - - o '" , . . . \ " ;; ( SCALE: I' = 100' TRJ\C- No 2//8 co .,. VJ\LLFY TRU K F~RMS ... IVL rl 3] / 9c' 0 D ..J <t- .0 <Il C ... mCURVE f/J R . i3 0 t. . 6' w L . 15 ./ T . 75 Chord N.88'Z ISO, O' ,'1,<'; <::>' . ~J) ~ -/'~ o .,. I ~ ~ ~ / / / ----- ----- iNDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES PERMANENT SLOPE AND DRAINAGE EASEMENT INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' PR(PAREO liT. ,......,... .......IM"". (...,....,.. ,......_c_,rllCtr"" -, 150. O' _ t _ - - - -7 1 --5-89'-35' 24' E --i- . - _ _ Center II ne of proposed __ _ __/~.. ;........__ ____:_ _,__ ~770ronge Show Rood PIONrrER AVENUE ~ut~;;--_ corner of - _ Lot 48 FEE OWNERSHIP. Fronk L. Arellcnes Pauline Y. Arellanes GRANT DEED PER. Inst. No. 90-169764 O.R. Recorded May I. 1990 EXHIBIT "B" DMJM Denlel, wonn. JOl'V'l.son . loIl!Jnc:lenhOll 21S west 110$pII0111)' lone. Suite 314 Son Bernardino, Collfornlo 92405 19091 an-146ft . v . . - .-. f CrTY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR January 15. 199~ File No. 15.02-1259 Acquisition Map No. 51 & 52 Sent by Certified ~ai1 Receipt No. P 225-919-693 Return Receipt Requested ~r. Frank Arellanes 16J6~ Valley Boulevard Fontana. CA 92JJ5 Dear ~lr. Are II anes: 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 t~e appropriate commission for adoption. The purpose of the attached ~otice c: Int;:1t is to .?dvi5~ you that acquisition of your property will be sough~ :~~Jt:g~ j~ctic~a: ~races~ if an ami:ab!e ag:eement is not reached. .~.g;~~r:le~: be:".l,',=-=n a.n ("I',~:-:er and :he C1 cy may be delayed for a ;..-ariety of g:Jod ~~~sans: ~o~e~er. in order to maintain a schedule for construction of this pro~ect. certain procedural steps m~st 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. T~e ?ttached \otice of Intent gi\'es you an opportunity to appear before the ~.!Cty,~~:- and ('C'mmcn ('Ju!l.cil :it the regula:- City C':::u:1cil ~Ieeting of February J. :;9-, ~nd rai~~ Guestic~s concerning the public interest, necessity! and loca- :10r: cf :~.-= proje::t as it :.ffects your j?:-;Jperty. The subject of t~.:: amount of ccmrensa~:cr. :or )"..1ur ~:-c.perty is ::0: :in issue for the ~Iayor and Common Council ?nd it .ci ~ ~ not oe considered by them. If the Resolution is adopted, the City ~~$ tr.~ a~,hority to fi~e an eminent Gomain action in the Superior Court. In ,~a: Superior C~urt proceeding the amount of condemnation is determined. EXliIHIT f I,~\ I 300 NORTH O' STREET SAN BERNAROINO. C A l J F 924 I a 0001 (10 II 3. 4.51 f 1 .3.4.5112. F 4 X: 3' 4.5155 . . Jar.~ary 15. I99~ Fi'!.e :\0. I5.0~-1~59 Acquisition ~ap No. 51 & 52 ~r. Frank Arellanes Page Two ( 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 9~~13. 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 procedu~e, you can reach me by tele- phone at (909) J8~-5J~S. Sincerely, RCGER G. H.-\ROORAVE, Director of Public Works/City Engineer ~WU~ .\. \i'.'E DeBOLT Real Property Special ist .-\t tachments C~. ~. Henry Empeno. Deputy City Attorney . . CITY OF San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E. DIRECTOR S_",- '\ E EFX.>.RD I ~;O C I n- COrNC I L :\OTICE OF 1\,E\i TO _-\OOPT RESOLll101' OF XECESSln- TO ACQ[IRE CERTAI:\ RE\L PROPERTY OR INTEREST IN REAL PROPERTY BY EMINThi OO~l"IN (Code of Civil Procedure, Section 1245.235) TO: ~fr. Frank Are I lanes 1636~ Valley Boulevard Fontana, CA 92335 ..>,cq'lisition ~Iap :-1os. 51 & ", Califc~nia Code of Civil Procedure, Section 12~0.030. provides that the of eminent domain may be exercised to acquire property for a proposed if the following conditions are established: power project . (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. (11 The offer required by Section -26-.2 of the Gm-ernment Code has been ~ade to the o~ner o[ record. You are hereby nctified tna: the \fayor a;"ld Common Council at their meeting to be helc on February 3. 199-. in San Bernardino, CA. will be asked to decide if the above conditions a~e 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 ~fayor and Common Counei I do not consider such in determining whether a Resolution of Xecessity should be adopted. Th-= adc[J:ed :\.esoti..:t ion Ai II au':~or:ze the ~.fayor and Common Council to acql..:ire the ;':-0p~r~y by emine::t domai~.. .-\ description of the required property is a:tachec to this Notice and is marked Exhibit "A". If yeu fi Ie a 'ITitten request to appear (within 15 days from the mailing of this Sot ice) you are entitled to appear and object to the adoption of the Resc,r'ltion. Objections are limited as set forth below. ..l.! 1 req1les:s:..) appe?f ~IU5t ~e 'Sent f.;)f :iling to the City Clerk. City of San .pe~r:,"!~':!~~o. y,) \ort~, "C,' St:.~-=:. San Be,r:udino, c..>, 92~lS. 300 NORTH D STqEET. SAN BERNARDINO. CAliF 92418 OO:Jl (;O;}384.S111'3'4,S112.FAX:3.4.S1SS '. NOTICE OF I:-'TD/T TO ACQ. RESOLLTION OF /I;ECESSITY ", January 15, 1997 . Acquisition ~ap No. 51 & 52 ~lr. Frank Are II anes Page Two r . The ~ritten request must actually be on file within the 15-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 ~ay affect your property ~re set forth above (deSignate (a), (b). and (c)). By designating ~hich 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 observ~tions you may wish to submit. so long as such written observations are filed with the City Clerk within the 15-day period. The ,layor and Common Council must ~dopt a Resolution of Xecessity before an emine:1t domain proceeding can be cOI!lffienced. Within six months of the adop;:ion 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 will determine the amount of . compensation to '.hich you are entitled. If you have any questions. please cal: Anne DeEolt at (909) 384-5328. ~,y--~ .- 1:"'~'.1!:...... ~'. Di:--:,.::".):- H.-'._7;':I~R;~."E ~ cf' Pllb~~:: ',:.C'.r:.:~;"~:t:: Eng::!c~: .