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File No. 15.02-1259 #69
.f:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:ROGER G. HAROORAVE, Director
Dept: Public Works/Engineering
Date: January 27, 1997
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 (A T & T Property - #69)
OR/G/NAL
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 (A T & T)
for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe
Avenue be Closed
AND
2. Adopt the Resolution
t<<~
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 Resolution
Ward:
1 and 3
FUNDING REQUIREMENTS:
$500 (Federal Aid STP and IVDA Funds)
Amount:
Source: (Acct. No.)
242-362-5504-1996
(Acct. DescriPtion)
Arrowhead Avenue to Tippecanoe Avenue
Extension of Orange Show Road from
Finance:~k?#~
Council Notes:
Res 97- 39
75-0262
Agenda Item No.
J./~/91
.J.D .
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.
A T & T, owner of the property described in Acquisition Map No. 69 has not been able to
get the paperwork to the proper party in their organization so that the documents can be
signed, and eminent domain proceedings will be necessary to complete the acquisition.
A T & T's property
Bernardino Avenue.
of the property).
Dollars ($500.00).
is located on the West side of Tippecanoe Avenue just North
The City is taking approximately 1,489 square feet (a total
The appraised value for the property being taken is Five
of San
taking
Hundred
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 A T & T 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. 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 A T & T's property.
75.026401/27/97
-2-
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A. T.&T. Corrmunlcatlons
GRANT 'DEED PER
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Recorded January 17, 1984
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Daniel. Mann. JOIVlaon &- Mendenhall
275 West HospItal I ty lone. SuIte 314
Son BernardIno. California 92408
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All that portion of Parcel No.2, Tract No. 2038, as per plat thereof recorded in
Book 29 of Maps, Pages 51 and 52, in the Office of the County Recorder of said
County, described as follows;
Commencing at the centerline intersection of Tippecanoe Avenue and San Bernardino
Avenue as shown on said Tract No. 2038; thence North 00. 01' 30" East along said
center I ine of Tippecanoe Avenue, a distance of 31. 30 feet; thence North 89. 58' 30"
West, a distance of 40.00 feet to a point on the Westerly line of said Tippecanoe
Avenue, said point being the True Point of Beginning; thence North 89. 58' 30"
West, a distance of 60.00 feet; thence North 00. 01' 30" East, a distance of 25.00
feet; thence North 79. 11' 45" East, a distance of 61. O~ feet, more or less, to a
point on the Westerly line of said Tippecanoe Avenue; thence South 00. 01' 30" West
along said Westerly line of Tippecanoe Avenue, a distance of 35.48 feet to the True
Point of Beginning.
EXCEPTING THEREFROM, any rights to all underground waters, naturally being or lying
beneath the surface of said land as per deeds recorded in the Official Records.
contains 1,800 square feet, more or less
EXHIBIT "A"
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GRANT DEED PER
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Recorded January 17. 1984
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Son 6el'"ncrc:llno. Coli (Ol'"nlo 92408
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CITY OF
· San Bernardino
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y
.
PUBLIC WOAKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
Januar:: 1-L 199-
File :\0. 15.02-1259
Acquisition Map ~o. 69
Sent by Certified Mail
Receipt ~o. P-225-919-695
Return Receipt Requested
A T & T CORPO~~TION
+.+:30 W!LLO'li RO.-\D. ROOM IT
PLE~SA~,O~. CA 9~53S-S519
A IT.\' : ~!S. C.-\ROLE IVE ITCO~.!B
Dear :'is. I\'HITCO~!B:
The ia. provides the prccedure for public agencies to acquire private property
for public use. It presently requires that every agency which intends to
conce~~ property nust notify the O~TIers of that property of its intention to
conde'nn. Such no:ice must be prior to submission of an authorizing resolution
::.' :~e .J.iJr-roprlc.:e commission for adoption. The P'.l:-pose of the ati:a.-::-:::d ~:otic,,=
'.. -~.::::~: ~5 ~'-~ 2..j'::se Y'.)U t~,2~ acquistt:on of y';,"ur property wi!~ := s....:ught
:~:~~~~~: ~~l~:cia: ~roce~~ i~ ~~ ~~icab!e Rg~ee~~Gt ~s no: r~a=~ec[.
.j'6:-;':~:;:~:-:: bt:',l"~-~n a~ c....-T:e:- dnd the Cii:y r:IE!.Y be ;j.:<a:,,:ed for a \-arie:y of geed
rea5C~~: ho~ever. in order to ~ai~tain a schedule for construction of this
project. certain procedural steps must be taken. One such step is to advise an
owner of our ir.:ent to acquire property through court proceedings. The project
'^.~id: requires your property is now scheduled for construction in the near
future. A legal description of the required property is also attached.
~~~~ ~::~~hed ~otice ()f :ntent gi~~s you an Opp0~turlity to appear before the
~L~~.<~: ~"!.,~d C'cmr:il:r; lDl.:r';cil a: the :-~gu!..lr City Council ~.Ieeting of Februarv ...
:q11-. ~~(l r~ise ~:l~~ti~ns ~o~c~r~ing the public i~tere5t, necessit)., and loca-
tlcn ~: :~e proj~ct a~ ie affects your property, The subject of the amount of
c()mr:e::~<ie :~.1n [\.."'1' your proper~y is not an issue for the ~fayor and Common Council
and i :" It not be considered by them. If the Resolution is adopted. the City
~as the authority to file an ~minent domain action in the Superior Court. In
;:~~l~ S'.:?,=,rL~r ~ourt [.'roc~eding the amour;t of condemnation is determined,
.
EXHIBIT "c"
300 NORTH D STREET. SAN BERNARDINO
CA:"l~ 92418 O'JOl (~O~)"".5'11'3.".5112'FAX:3.4.51S5
!:l:!:-:a:-:: !~. 1~~9-
::.)=: ~:o. 15.C-':-t~59
...:cqu i sit ion ~Iap Xo. 69
.... T & T
Page T-,liO
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If you desire to appear before the Mayor and Common Council and give proper
notice of appearance, the February 3, 199i, regular City Council Meeting' will
be held in Council Chambers at San Bernardino City Hall. 300 Xorth "D" Street,
San Bernardino. CA 92~IS, beginning at 9:00 a.m., with Public Hearings general-
ly beginning at 10:00 a.~., or as close to that time as possible.
rf YCiJ ha';e any ques:i....~n5 reg3.rding the procedure. :;OU can r;ach me by t.::~e-
~hcr.e at (909) 3S~-532S.
Sincerely,
RCGER G. HARIXiRA VE,
Director of Public Works/City Engineer
~~
......::--t: DeBOLT
R~al Proper~y Specialist
Attachments
.::,;:
He~ry Emper:o. Deputy Ci toY At torney
.
r-'
CITY OF
San Bernardino
'..-~.~ ,..--
PUILIC WORKS/ENGINEERING
ROGER G. HARDGRAVE. R.C.E.
DIRECTOR
SA,'11 BER'iAR.DI:\O CITY COL"NCIL
:\OTICE OF I~lE;-';T TO ..>JXJPT RESOLllION OF XECESSITY
TO ACQUIRE CERTAI~ RE~ PROPERTY'
OR I!'-lTIREST 1:-1 REAL PROPERTY BY E.\1INE.vr DOMAIN
(Code of Civil Procedure. Section 1245.235)
TO: A T & T
4480 WILLOW ROAD. ROOM 127
PLEASA~lON. CA 94588-8519
ATTII: ~IS. CAROLE wHITCOMB
California Ccde of Civil Procedure. Section 1~40.030. provides that the power
of eminent domain may be exercised to acquire property for a proposed project
if the following conditions are established:
.
(ai The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most
compatible ',ldth the greatest public good and the least private injury.
(c) The prcperty socght to be acquired is necessary for the project.
':l; :he offer rec;uired by Section -~6-.~ of the Government Code has been
;na::ie ~,.) the C',l;:1e:- of reccrd.
y,.;]..: .....;-e he:'e~y :;()~i:ied :;,at the yfa',;or a.nd Common Council at their ;neeting to
be ~e:d on february J. 199-. in San Bernardino. CA. ~ill be asked to decide if
the above conditions are met concerning your property and. if so. to adopt a
Resolution of :-;ecessity. 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 ~Iayor and Common Counci I do not consider such in determining
~hether a Resolution of :\ecessity should be adopted.
The c.Gop:e,l Re5oluti()n '.\ill autr-.orize the ~la:;or and Common Council to acquire
the p:operty ~)y eminent (!amain. A description 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 :\otice) you are entitled to ~ppear and object to the adoption of the
Reso:~:ion. Objections are limited as set forth below.
:\~ t :"eque-;ts to Gppear :i1J..:.st be sent for filing to the City Clerk. City of San
eBern,.,r":ino. JGO \ortr. "e" Street. San E'ernardino. CA 9~4lS.
300 NORTH '0' STREET. SAN BERNARDINO.
CA:"IF 92418 0001 COOlll3....S'11.2....S112.FAX:3....S15S
~;OTr CE OF I ':TE:-" '" TO .\.."<'
.~cq1J i S i : ion ~'ap :\0. 69
.' January I~. 199-
Page T-.\'o
!ZESOLllIO:-': OF \"ECESS IT'{
,--
.
The Kric:en request must actually be on file ~ltnln the IS-day period. Failure
to file a ~ritten reques: results in a waiver of your rights to appear and be
heard.
Your written reques: 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 see fonh abo\-e (designate (a), Ib). and (c)). By
desig~ating which condition forms the basis of your concerns. and why, ycu will
enable :he ~Iayor and Common Counci I to hd\-e a ful I and expecti t ious review made
of :he project's effect on your property.
For your convenience, the ~fayor 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 15-day period.
The ~Iayor and Common Council must adopt a Resolution of :-.Iecessity before an
eminent domain proceeding can be commenced. Within six months of the adoption
of t:Je Resolu:ion 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 which you are entitled.
.If you have any questions, please call .~ne DeBolt at (909) J8~-5328.
January I~. 199-
F\CCER 'J. :-i..-:..P.r(rR-\\"E.
Dir~ct.:':- of ?~~b!i,: ~.:-cr:~:.'S/r>it::-- E:lgi:1eer
.