HomeMy WebLinkAbout6399RESOLUTION NO. 6399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT
THE ACQUISITION OF A FEE INTEREST IN CERTAIN REAL PROPERTY BY EMINENT
DOMAIN IS NECESSARY FOR THE EXTENSION OF EDGEMONT DRIVE TO PROVIDE
PUBLIC ACCESS AND UTILITIES TO PROPERTY WITHIN COUNTY OF SAN
BERNARDINO PARCEL MAP NO. 8226 (A PORTION OF APN 0294-161-08)
WHEREAS, the City Council of the City of Redlands (this "City Council") proposes to
acquire a fee interest in certain real property for the purpose of extending Edgemont Drive to provide
public access and utilities to property included within County of San Bernardino Parcel Map No.
8226 ("Project"), pursuant to the authority granted to the City Council by Government Code section
37350.5; and
WHEREAS, pursuant to Code of Civil Procedure section1245.235, this City Council
scheduled a public hearing for June 21, 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 section1240.030; 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 this resolution, and has fully complied with all
provisions of CEQA for 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 hearing 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
extend Edgemont Drive to provide public access and utilities to property located within County of
San Bernardino Parcel Map No. 8226. Government Code section 37350.5 authorizes the City
Council to acquire by eminent domain property necessary for such purposes.
Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal
description and map of the real property to be acquired by the City Council, describing the general
location of the property to be acquired with sufficient detail for reasonable identification.
DJM\Res\6399
Section 4 Findings The City Council hereby finds and determines the following
a The public interest and necessity require the proposed Project,
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 pnvate injury,
c The property is necessary for the proposed Project,
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 right to take") to acquire the Property descnbed 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 property in the name of and in behalf
of the City Council by eminent domain The City Attorney is further authonzed 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 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 property that is deemed necessary for the conduct
of the condemnation action, or any other proceedings or transactions required to acquire the subject
property
ADOPTED, SIGNED AND APPROVED this 21st day of June, 2005
u Pe ler Mayor
l�
Peppler, o
Y
Redlands, California
ATTEST
DJM\Res\6399
I, Lorne Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council at a regular meeting thereof, held on the 21st day of June, 2005 by the
following vote
AYES
NOES
ABSENT
ABSTAIN
DJM\Res\6399
Councilmembers Gil, Gilbreath, George, Harrison, Mayor Peppler
None
None
None
LornyPoyzer, Cit
Exhibit "A"
1 of 2
AN EASEMENT FOR HIGHWAY AND ROADWAY AND PUBLIC
UTILITIES TRANSMISSION OVER AND ACROSS AND UNDER THE
FOLLOWING -DESCRIBED PROPERTY:
A PORTION OF THE WEST ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11,
TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID WEST ONE-
HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 11, SAID CORNER ALSO BEING THE
NORTHWESTERLY CORNER OF PARCEL MAP NO. 8226, AS PER
PARCEL MAP BOOK 91, PAGES 25 AND 26, RECORDS OF SAID
COUNTY;
THENCE ALONG THE EAST LINE OF SAID WEST ONE-HALF SOUTH
0°22'28" EAST 11.51 FEET TO THE TRUE POINT OF BEGINNING; SAID
EAST LINE ALSO BEING THE WEST PARCEL BOUNDARY OF SAID
PARCEL MAP NO. 8226;
THENCE CONTINUING ALONG SAID EAST LINE SOUTH 0°22'28"
EAST 57.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL
MAP NO. 8226;
THENCE ON A LINE PERPENDICULAR TO SAID EAST LINE SOUTH
89°37'32" WEST 21.83 FEET TO THE EASTERLY RIGHT-OF-WAY OF
EDGEMONT DRIVE, 50 FEET WIDE, AS SHOWN ON AMENDED
TRACT NO. 13103, RECORDED IN MAP BOOK 225, PAGES 69-72,
RECORDS OF SAN BERNARDINO COUNTY; f
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 01°19'42"
EAST 57.44 FEET; THENCE NORTH 89°37'32" EAST 20.12 FEET,
MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
DESCRIBED AREA CONTAINS 1,204 SQUARE FEET.
CARSON L. STORER, P.L.S. 3913
EXPIRATION DATE: JUNE 30, 2006
Scale: 1" = 10'
Edgemont Dr.
East Right -Of -Way
of Edgemont Drive
Lot 8
MB 225 Pg. 69-72
EXHIBIT "A"
2 of
P.o.C.
N.E. Corner of west one-half'
of the N.E. one-quarter of the
Northeast one-quarter of sec. 11,
T2S, R3W, SBBM
Parcel Map 8226
PMB 91/25-26
Parcel
4
E.4
474
00 441.
4Z 0
rsolz
21.83
S 89°37'32"W
T.P.O.B.
W
3°,0, N �db°e
::' CS 4').74, ,.
tbq ad
0 CZ
IN so
�°
Basis of bearing being
the west line of Parcel 4
Parcel Map 8226 PMB 91/25-2f
being S 0°22'28"E.
SW Corner
Parcel Map
8226
Carson L. Storer, P.L.S. 3913
Expiration Date: June 30, 2006