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Home My WebLink About6396RESOLUTION NO. 6396 A PORTION OF APNs 169-021-01 and 169-021-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF FEE INTERESTS 1N CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE CONSTRUCTION OF THE CITY'S NEW YORK STREET EXTENSION AND IMPROVEMENT PROJECT WHEREAS, the City Council of the City of Redlands ("this City Council") proposes to acquire fee interests in certain real property for the purpose of constructing its New York Street Extension and Improvement Project ("Project") pursuant to the authority granted to the City Council by Government Code section 37350.5; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, this City Council scheduled a public hearing for June 7, 2005 at 3:00 p.m., at the City Council's Chambers located at 35 Cajon Street, Suite 2, Redlands, California, and gave to each person whose property is to be acquired and whose name and address appears on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure section 1240.030; and WHEREAS, said hearing has been held by the City Council and each person whose property is to be acquired by eminent domain was afforded the opportunity to be heard on said matters; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council has adopted a negative declaration for the proposed Project and this resolution, and has fully complied with all provisions of CEQA for the Project and the adoption of this resolution; and WHEREAS, the City Council may now adopt a resolution of necessity pursuant to Code of Civil Procedure section 1240.040; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. Notice and Hearin Compliance. The City Council has provided notice of this hearing as required by Code of Civil Procedure section 1245.235. Section 2. Public Use. The public use for which the real property is to be acquired is to construct the City' s New York Street extension and improvement project. Government Code section 3 73 50.5 authorizes the City Council to acquire by eminent domain property necessary for such a purpose. dim\reso\6396 Reso Necessity Teledyne wpd 1 Section 3 Description of Property Attached and marked as Exhibit "A" are the legal descriptions and maps of the real property to be acquired by the City Council, descnbing the general location of the property to be acquired with sufficient detail for reasonable identification Section 4 Findings The City Council hereby finds and determines the following a The public interest and necessity require the proposed Project, and b The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and with the least private injury, and c The property is necessary for the proposed Project, and d The offers required by Government Code section 7267 2 were made, and e All conditions and statutory requirements necessary to exercise the power of eminent domain ("the nght to take") to acquire the Property described herein have been complied with by the City of Redlands. Section 5 Further Activities The City Attorney (which includes the retention of any special counsel) is hereby authorized to acquire the descnbed real property in the name of and in behalf of the City Council by eminent domain The City Attorney is further authorized to institute and prosecute such legal proceedings as may be required The City Attorney may take such steps as may be authonzed and required by law, and make such secunty deposits as may be required by order of the court, to permit the City Council to take possession of and use said real property at the earliest possible time. The City Attorney is further authorized to correct any errors or to make or agree to non-matenal changes in the legal description of the real property that is deemed necessary for the conduct of the condemnation action, or any other proceedings or transactions required to acquire the subject real property PASSED AND ADOPTED, this 7th day of June, 2005 Mayoy; Susan Peppler ATTEST (7;"° City Jerk, Lorrieaze dim \reso\6396 Reso Necessity Teledyne pd J 2 I, Lome Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 7th day of June, 2005, by the following vote AYES Councilmembers Gil, Gilbreath, George, Harrison, Mayor Peppler NOES None ABSENT None ABSTAIN None EXHIBIT "A" DESCRIPTION OF PROPERTY Real property lotted in the City of Redlands, County of San Bernardino, State of California, described as follows: THAT PORTION OF THE NORTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE 86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE. SOUTH 00°00'56" WEST 630.66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID LOT 4; THENCE SOUTH 89°50'39" EAST 50.00 FEET ALONG SAID SOUTH LINE; THENCE NORTH 00°00'56" EAST 598,23 FEET; THENCE SOUTH 89°59'04" EAST 9.00' TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 13.00 FEET, A RADIAL LINE TO SAID BEGINNING HAVING A BEARING OF NORTH 89°59'04" WEST, THENCE NORTHEASTERLY 20.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°26'36" TO A POINT WHICH LIES 52.00 FEET SOUTHERLY OF THE CENTER LINE OF SAID LUGONIA AVENUE, MEASURED AT RIGHT ANGLES TO SAID CENTER LINE; THENCE PARALLEL WITH SAID CENTER LINE SOUTH 89°32'28" EAST 20.00 FEET; THENCE NORTH 00°27'32" EAST 12.00 FEET TO A POINT WHICH LIES 40.00 FEET SOUTHERLY OF SAID CENTER LINE, MEASURED AT RIGHT ANGLES TO SAID CENTER LINE; THENCE PARALLEL WITH SAID CENTER LINE NORTH 89°32'28" WEST 90.00 FEET; THENCE NORTH 00°27'32" EAST 7.00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF SAID LUGONIA AVENUE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 89°32'28" WEST 182.25 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AREA: 33,113 SQ. FT. PREPARED BY: �� MA= k MLR M RK S. WHITMER, L.S. NO. 5535.., No. T1S, R3W, S.B.M. POB NW. COR. OF LOT 4, SMITH TRACT, M.B. 8/86 N89°32'28"W 182.25' _IN89°59'04"W (R) MATCH LINE 96380E02.DWG L4 A=90°26'36" r&-\ R=13.00' NLY T=13 10° L=20 52° (0 0 (0 N89° 32'28 " W AVENUE EXIST. R/W L1 S89°59'04"E 9.00' L4 S89°32'28"E 90.00' L2 S89°32'28"E L3 N00°27'32"E 20.00' 12 00' L5 N00°27'32"E 7.00' THIS EXHIBIT PLAT IS FOR INFORMATIONAL PURPOSES ONLY, SHOWING THE PROPERTY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". THE LEGAL DESCRIPTION IS THE CONTROLLING DOCUMENT AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES BETWEEN THE LEGAL DESCRIPTION AND THE EXHIBIT PLAT. MATCH LINE woo°00'56^s PORTION OF THE NORTH 1/2 LOT 4 SMITH TRACT M B. 8/86 SCALE: 1 "= 50' APN 0169-021-01 TELEDYNE TECHNOLOGIES INC 2049 CENTURY PARK EAST, 15TH FL. LOS ANGELES, CA 90067 EAST LINE N DESCRIPTION OF PROPERTY Real property located in the City of Redlands, County of San Bernardino, State of California, described as follows: THAT PORTION OF THE SOUTH 1/2 OF LOT 4, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE 86, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF LUGONIA AVENUE, 66 FEET WIDE, AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 60 OF RECORDS OF SURVEY, PAGE 18, RECORDS OF SAID COUNTY, THENCE SOUTH 00°00'56" WEST 630.66 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 4 TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID LOT 4, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'56" WEST 631.35 FEET, MORE OR LESS, ALONG SAID WEST LINE OF LOT 4 TO THE NORTH RIGHT-OF-WAY LINE OF BROCKTON AVENUE, 66 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 89°41'37" EAST 44.07 FEET ALONG SAID RIGHT- OF -WAY LINE TO THE CUSP OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 13.00 FEET, A RADIAL TO WHICH BEARS SOUTH 00°18'23" EAST; THENCE NORTHWESTERLY 20.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°19'19" TO A POINT WHICH LIES 31.00 FEET EASTERLY OF SAID WEST LINE OF LOT 4, MEASURED AT RIGHT ANGLES TO SAID WEST LINE; THENCE NORTH 00°00'56" EAST 133.81 FEET, PARALLEL WITH SAID WEST LINE, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 477.00 FEET; THENCE NORTHEASTERLY 93.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11011'12" TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 523.00 FEET, A RADIAL LINE TO SAID BEGINNING HAVING A BEARING OF SOUTH 78°47'52" EAST; THENCE NORTHERLY 102.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'12", TO A POINT WHICH LIES 50.00 FEET EASTERLY OF SAID WEST LINE OF LOT 4, MEASURED AT RIGHT ANGLES TO SAID WEST LINE; THENCE PARALLEL TO SAID WEST LINE, NORTH 00°00'56" EAST 290.16 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 4; THENCE NORTH 89°50'39" WEST 50.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. AREA: 26,990 SQ. FT. PREPARED BY: MARK S. WHITMER, L.S. NO. 5535 • POC NW COR. LOT 4, SMITH TRACT POB NW COR. SOUTH 1/2 LOT 4 96380E01 • t 23' l~--- woo"00'5e^E 4 4 07r N89°41'37"E soo"00'56^W SOUTH RIGHT—OF—WAY LINE LUGONIA AVENUE S00°00'56"W 630.66' N89°50'39"W MATCH LINE NORTH LINE 5 1/2 LOT 4, SMITH TRACT PORTION OF THE SOUTH 1/2 LOT 4, SMITH TRACT M.B. 8/86 THIS EXHIBIT PLAT IS FOR INFORMATIONAL PURPOSES ONLY, SHOWING THE PROPERTY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". THE LEGAL DESCRIPTION IS THE CONTROLLING DOCUMENT AND SHALL TAKE PRECEDENCE OVER ANY DISCREPANCIES BETWEEN THE LEGAL DESCRIPTION AND THE EXHIBIT PLAT. A = 90°19'19" R = 1300' L = 20 49" T = 13 07' EXIST. R/W t SCALE: 1"= 50' APN 0169-021-10 TELEDYNE TECHNOLOGIES INC 2049 CENTURY PARK EAST, 15TH FL. LOS ANGELES, CA 90067 EAST LINE S 1/2 LOT 4, SMITH TRACT, M.B. 8/86 DROCK-TON AVENUE N89°41'37"E