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Home My WebLink About11- Public Works t5.02-1259 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION FYom: Subject: ROGER G. HARDGRAVE, Director Hearing on Determination that the Dept: Public Interest and Necessity Requires Public Works/Engineering A� the Acquisition of Certain Real Prop- Date: erty for the Extension of Orange Show October 24, 1996 INRoad 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 (Hubbs) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution cc: Bill Bopf, IVDA Shauna Clark, City Administrator ASignature James F. Penman, City Attorney Barbara Pachon, Finance Director Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report and Resolution Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: $20,900 (Federal Aid STP and IVDA Funds) Source: (Acct. No.) 242-362-5504-1996 Acct. Description) ExtensiorVof Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue Finance: Council Notes: Res 96- I` II IOU 75-0262 = r' Agenda Item No. ;., 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. Paul J. and Lucile M. Hubbs, Trustees of the property described in Acquisition Map No. 64, 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. Hubbs' property is located West of Tippecanoe Avenue between the Santa Ana River and the Gage Canal , and is considered to be in the flood zone. The total property owned is 25.67 acres, or 1, 118, 185.2 square feet, and the City is taking approximately 1 .45 acres or 63, 153 square feet. The appraised value for the property being taken is Twenty Thousand Nine Hundred Dollars ($20,900.00) , or approximately 0.33 per square foot. Mr. Hubbs has submitted a counteroffer for $1.00 per square foot, or Sixty-Three Thousand One Hundred and Fifty-three Dollars ($63,153.00) . 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. and Mrs. Hubbs 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 (127o) . 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. Hubbs property. 10/24/96 -2- 75-0264 EXHIBIT " C " SANTA ANA RJVER II SAN BERNARDINO COUNTY FLOOD CONTROL DISTRISj"- •!rat J• 04j )�%P P w r (�( I �� -� 9��''•F` �y6\�°/(� o loll yam• ,�,� cu,_�;Q `2 °p p Q;A. P. N. 281 -041 -42 \ , \2.6 5 --- I=--- Zp'2� w ��1 SAN 2� A \ S12 C r BERNARD I NO A'� \3A rat e ° \\\ i 6 LLj AVENUE `' 6\ A0' N54' 12' 31 'E 283. 2',-,' SEE DETAIL 629 ,'50 / A Cen er I i ne of proposed L1J fCC N68.23 a \ � Ora ge Sho Road Southwest Corner TRUE POINT OF BEG I NN I NG of Parcel No. 7 QCURVE DATA 02 CURVE DATA R = 1, 546. 00' R = 8,968. 91 ' P� 6 = 1 2' 20' 10' A = 1' 41 ' 15' .PP'�P o Centerline of proposed L = 332. 9' L = 264. 2' ti,`QP Orange Show Rood T = 167. 1 ' T = 132. 1 ' N61. Chord bears Chord bears 92 N.64' 25'20"W. N. 56' 3 I '28'E. ° w,• �'; 332. 2' 264. 2' •.- ^�;� P%Q [3 CURVE DATA QI 70' wide Pole I ine m. R = 1, 454. 00' Easement in favor of 0 = 1 6' 53'25' Southern California Edison Company per L = 428.6' Deed recorded March 30, •e T = 215. 9' 1982 as Instrument No. \ Chord bears 82-060476 0.R. ., �t S. 64' 53'58'E. DETA I LC41E A ��a-- 427. 1 ' DINDICATES EASEMENT FOR ROADWAY PURPOSES INDICATES AREA OF 'PERMIT r TO ENTER AND CONSTRUCT' FEE OWNERSHIPS Paul J. Hubbs, an individual dba Paul Hubbs Construction Co. GRANT DEED PER= I nst. No. 87- 180956 O. R. PREPARED BY. Nan„p Recorded May 29. 1987 �� ■ t„M�l� VIYIaJ�1/� Prppravten..rwrien MdgpfMnt SCALE: I ” = 300' Don Mann, to & e. SoulneII 275 West H01no, l li Lone, Suite 314 o Son Barnordino, Col lfornio 92408 (909) 889-3466 That portion of Parcel 7 of Parcel Map No. 4781, as per plat thereof recorded in Book 48 of Parcel Maps, Page 88, in the Office of the County Recorder of said County, described as follows: Commencing at the Southwest corner of said Parcel 7; thence Easterly along the Southerly line of said Parcel 7, a distance of 629.03 feet to a point on the North- erly line of the Gage Canal ; thence continuing Easterly along said Southerly line of Parcel 7 and said Northerly line of the Gage Canal , a distance of 283.2 feet to the True Point of Beginning, said point also being on a non-tangent curve, concave to the North, and having a radius of 1,546.00 feet, the radius point of which bears North 19° 24' 35" East; thence Northeasterly along said curve through a central angle of 12° 20' 10", an arc distance of 332.9 feet; thence North 61° 42' 40" West, a distance of 240.24 feet; thence South 730 23' 31" West, a distance of 134.7 feet to a point on a non-tangent curve, concave to the Southeast and having a radius of 8,968.91 feet, the radius point of which bears South 34° 19' 09" East , said point also being on the Southerly line of the Santa Ana River; thence Northeasterly along said curve through a central angle of 01° 41' 15", an arc distance of 264.2 feet; thence South 35° 30' 05" East a distance of 74.2 feet; thence South 56° 27' 16" East a distance of 104.5 feet to the beginning of a non-tangent curve, concave to the North and having a radius of 1,454.00 feet, the radius point of which bears North 33° 32' 44" East ; thence Southeasterly along said curve through a central angle of 16° 53' 25", an arc distance of 428.6 feet to the Southerly line of said Parcel 7 and the Northerly line of said Gage Canal ; thence Westerly along said Southerly line of Parcel 7 and said Northerly line of the Gage Canal , a distance of 117.4 feet to the True Point of Beginning. contains 63, 154 square feet, more or less ACQMAP NO. 64 APN: 281-041-42 EXHIBIT "A" PAUL J. AND LUCILE M. HUBBS, TRUSTEES OF THE PAUL AND LUCI.LE HUBBS 1992 TRUST F/B/O PAUL J. HUBBS AND LUCILE M. HUBBS, AND THEIR ISSUE, UNDER INSTRUMENT DATED MA)' 26, 1992. MR. PAUL HUBBS PAUL HUBBS CONSTRUCTION CO. 3500 PYRITE STREET RIVERSIDE, CA 92509 EEXHIBIT "C"