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File No. 15.02-1039
,,:A COUNCIL ACTION
CITY' OF SAN BERNOtDINO - REQUES
Dept:
Public Works/Engineering
Subject:Authorization to initiate eminent
domain proceedings -- Southeast
corner of Gilbert and Waterman.
From:
ROGER G. HARDGRAVE, Di rector
Date: August 17, 1989
Synopsis of Previous Council action:
10-3-88
Motion approving $20,000 budget for new curb return
at Southeast corner of Gilbert and Waterman.
3-13-89
Adopted Resolution making determination of fair market value.
Recommended motion:
That the City Attorney is authorized to initiate eminent domain proceedings for
the acquisition of the necessary right of way at the Southeast corner of
Gilbert Street and Waterman Avenue and to obtain a right of immediate
possesion.
cc:
Marshall Julian, City Administrator
Andrew Green, Finance Director
Jim Ri chard son , Asst. Ci ty Adm. rev.
Jim Penman, City Attorney
~/
Verne Nadeau
Phone:
384-5026
Contact person:
FUNDING REQUIREMENTS:
Staff Report, Map
$2,610.00
2
Supporting data attached:
Ward:
Amount:
Source: (Acct. No.)
242-362-57371
(Acct. DescriPtion)
Gilbert & Waterman
Finance: eLL.) ~~
Council Notes:
-..: n"h'"
Agenda Item No.
,g
CITY' OF SAN BERNQDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
On October 3, 1988, a budget appropriation of $20,000 was approved for
constructing a new curb return at the Southeast corner of Waterman Avenue and
Gilbert Street. The purpose of this new curb return is to allow sufficient room
for the new 40 foot busses to negotiate an Eastbound turn from Waterman Avenue
without running over the curb or from interfering with the Westbound traffic on
Gilbert Street.
To accomodate the new curb return, it is necessary to obtain additional right-of-
way from the owner of the property at that location. We contacted the owners on
October 27,1988 relative to granting us an easement across the necessary land
and were informed that they wanted fair market value for the easemen~ On
November 4, 1988 we solicited bids from two Appraisers to appraise the land and
on December 5, 1988 Mr. Ralph Monge, the Appraiser selected, was directed to
proceed with the appraisal at a cost of $1,200.00.
On March 13, 1989, the Mayor and Common Council adotped Resol ution No. 89-72
determining that the fair market value for the taking is $2,610.00. On March 23,
1989 a letter was forwarded to the owners (NEWNHAM AND BARNETT, A PARTNERSHIP)
making the offer of $2,610.00 for the easement. We did not receive any reply and
on April 17, 1989 and May 26, 1989 we again sent letters requesting a responce to
our offer. To date we have received nothing and in the interest of eliminating
the problem with the turning radius at the intersection of Gilbert and Waterman,
it is recommended that eminent domain proceedings be initiated by the City
Attorney and obtain a right of immediate possession so that we may commence
construction.
8-17-89
2
75-0264
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