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Home My WebLink About1997-030 t I ~ 01/27/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-30 RESOLUTION OF TIJE CITY OF SAN BERNARDINO FINDING AND DETERMINING TIiAT TIJE PUBLIC INTEREST AND NECESSITY REQUIRE TIJE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT TIJERETO ALONG TIJE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE AVENUE AT SAN BERNARDINO AVENUE, IN SAN BERNARDINO. (PARKER PROPERTY - #09) BE IT RESOLVED BY TIJE MAYOR AND COMMON COUNCIL OF TIJE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE. That on February 3, 1997, after at least fifteen (15) days written notice to the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: a. Whether the public interest and necessity require the project; b. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c. Whether the property sought to be acquired is necessary for the project. SECTION 2. The Mayor and Common COuncil of the City of San Ber- nardino, as a result of the above Hearing, determined that the public health, safety and welfare requires the acquisition by the City of a portion of that certain parcel of real property, more particularly described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit "B", attached and incorporated by reference, for street and highway purposes, a public purpose. The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 1, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and Sec- tions 1240.010 through 1240.050 of the California Code of Civil Procedure. SECTION 3. The owners of said property to whom Notice of said -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDJNG AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (PARKER PROPERTY - #09) 1 97-30 2 3 Hearing was mai led is set forth on Exhibi t "C", attached hereto and incorpo- 4 rated herein by reference. The mailing address of the owner is as shown on 5 the last equalized county assessment roll, as required by law. 6 SECTION 4. The Mayor and Common Council of the City of San Ber- 7 nardino hereby find and determine and declare that: (a) the public interest 8 and necessity requires the proposed project and the acquisition by the City 9 of San Bernardino of an easement over the property for public street purpos- 10 es and all appurtenant uses; (b) the proposed project is planned or located 11 in the manner that will be most compatible with the greatest public good and 12 the least private injury; (c) the property and the taking of the interest in 13 the property, as above described, is necessary for the proposed project; and 14 (d) the offer required by Section 7267.2 of the Government Code has been 15 16 17 made to the owners of record. SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby declare that it is the intention of the City to acquire 18 this property in its name in accordance with the provisions of the laws of 19 the State of California with reference to condemnation procedures. 20 SECTION 6. The property is located in the City of San Bernardino, 21 County of San Bernardino, State of California, and is particularly described 22 and depicted in Exhibi ts "A" and "B". 23 24 25 26 27 28 01/27/97 SECTION 7. The City Attorney's Office is hereby authorized and directed to prepare, institute, and prosecute, in the name of the City, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of the easement over this property. The City Attorney's Office is also authorized and directed to make a deposit with the court of the sum determined to be just compensation for said property and to request -2- \ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27/97 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDJNG AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (PARKER PROPERTY - #09) 1 2 97-30 3 and obtain a necessary court order granting the City the right of immediate 4 possession and occupancy of the property. The City Attorney's Office is 5 also authorized to take any action necessary or appropriate to acquire any 6 temporary right of access to the property which may be necessary for con- 7 struction of any planned improvements. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -3- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/27/97 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE PROPOSED ALIGNMENT OF ORANGE SHOW ROAD. (PARKER PROPERTY - #09)) 97-30 I HEREBY CERTIFY that the foregoing resolution was duly adopted by joint the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of , 1997, by the February following vote, to wit: COUNCIL MEMBERS: AYES ABSTAIN ABSENT NAYS NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x ~I;~ RAC L CLARK, Ci ty Clerk The foregoing resolution is hereby approved this f4 day of February , 1997. ~ l,1/, . c5---'Y7M. f' Ua~ M MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, Ci ty At torney 1 1 By: ~~ .i~ () -4- 97-30 Lot 41, Tract No. 1995, Valley Truck Farms, as per plat thereof recorded in Book 29 of Maps, Page 13, in the Office of the County Recorder of said County. contains 39,000 square feet, more or less EXHIBIT "A" r - .. I 97-30_ _ _ _ _ _ _ _ _ _ _ _ ~NNJ ~_ ~TREE:T _ _ __ J -1----- 20,120, , ... I , I , I , I T RJ.\ c-J: NO" ,j 995 , , , , , 40 , , , , L__ 300' A.P.N. 136-442-33 , o '" , o '" L} J W :J Z W > <t '" - VlI 0' ::!;I <t' 1 , 1 , 1 , 1 - 20' ,20' , 300' - - , , ~-- - - /1 ......) - - '.L. V J.\LLF"Y TRUCJ< JVL80 '/9 J FJ.\RMS J3 ... FEE OWNERSHIP Agnes M. Po~ke, GRANT DEED PER Book 8675. Poge 775 O.R. Reco,ded Moy 9. 1975 t. -0- I I INDICATES PARCEL PER DESCR I PTI ON ~ ? ~ PREPAREDBYt ~'<rn'ng ...."..,'..."..... Eno'......'"o 'rOO<(IIIIConofr""llon -. J DfAN EXHIBIT "B" > Oon 'el. Morw'I, JoI'Y'Iaon' Mendenho I I 275 West Hospltollty Lone. SuIte 314 ~r,:Q~e~~~~~~~~, Co I I forn I 0 92408 SCALE- I. = 60' c , ,......~...-. ''II:'Ioy~ 97 -'30 r. C I T Y o F San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R C.E. DIRECTOR January 14. 1997 File No. 15.02-1259 / Acquisition Map No. 09 ~ Sent by Cert i fied ~lai I Receipt No. P-225-919-679 Return Receipt Requested "IRS. AGN'ES ~1. PARKER 135~9 W. ~~OTA PLACE DE.c"v'ER. CO 80228 Dear ~~S. P.~R: The la~ 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 O~TIers 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 of Intent is to advise you that acquisition of your property will be sought through judicial process if an amicable agreement is not reached. Agreement between an O~TIer and the City may be delayed for a variety of good reasons; however, in order to 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. The attached ~otice of Intent gives you an opportunity to appear before the \Iayor and Common Council at the regular City Council Meeting of February J, 199-. and raise questions concerning the public interest, necessity, and loca- tion of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and it will not be considered by them. If the Resolution is adopted. the City has the authority to file an eminent domain action in the Superior Ccurt. In that Superior Court proceeding the amount of condemnation is determined. EXHIBIT "e" 300 NORTH 'd' STREET, SAN BERNARDINO. CALIF 92418 0001 (8ag) 384.5111.384_5112, FAX: 384-5155 o . '97":30 January 1~, 199- File :--io. 15.02-1259 Acquisition ~ap ~o. 09 PARKER Page Two " If you desire to appear before the Mayor and Common Council and give proper notice of appearance, the February 3, 199~. 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 you have any questions regarding the procedure, you can reach me by tele- phone at (909) 3S~-5323. Sincerely, ROGER G. H.~R.-WE, Director of Public Works/City Engineer ~.~ .-\.\:JE DeBOLT Real Property Specialist .-\ tt achmen t s cc: Henry Empeno, Deputy City Attorney 97-30 CITY OF \\, .,'.'.-.'- , ---,'.':-;., -;~?!o';: ~<~~~2t:.~) San Bernardino PUBLIC WORKS/ENGINEERING ROGER G. HARDGRAVE, R.C.E. DIRECTOR SAN BER'iARDINO CITY COl:'NCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MS. AGNES M. PARKER 13579 W. DAKOTA PLACE DENVER. CO 80228 California Code of Civil Procedure. Section 1240.030, 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. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that the Mayor and Common Council at their meeting to be held on February 3, 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 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 Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution wi I I autharize the >.layor and Common Council to acquire the property by eminent domain, 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 Notice) you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. All requests to appear must be sent for filing to the City Clerk, City of San Bernardino. .100 North "D" Street. San Bernardino, CA 92418. 300 NORTH '0' STREET, SAN BERNARDINO. CALIF. 92418 0001 (.08l384.5111,384-5112.FAX:384.5155 97-30 . NOTICE OF 1~'TENT TO ADO" %SOLllION OF NECESSITY Acquisition Map No.9 January 14. 1997 Page Two , ( The written 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) which 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, 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 observations you may wish to submit, so long as such written observations are filed with the City Clerk within the 15-day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, 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 Anne DeBolt at (909) 384-5328. January 14. 1997 RCGER G. Il-'.FDGRA\'E. Director of Public Works/City Engineer