HomeMy WebLinkAbout5783RESOLUTION NO 5783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING
THAT THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL
PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE WIDENING OF LUGONIA
AVENUE IN CONJUNCTION WITH THE HOME DEPOT PROJECT
WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire a fee
interest in certain real property designated as APN Number 169-011 19 for the purpose of
widening Lugonia Avenue in conjunction with the 'Home Depot Project' pursuant to the authority
granted to the City by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the
City scheduled a public hearing for Tuesday August 1, 2000 at 3:00 p.m. at the City Council
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 Section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the City and each person whose property is to be
acquired by eminent domain was afforded the opportunity to be heard on the matters referred to in
Section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, the City may now adopt a resolution of necessity pursuant to Section 1240 040
of the California Code of Civil Procedure;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS as follows:
Section 1. Compliance with California Code of Civil Procedure
There has been compliance by the City with the requirements of Section 1245.235 of the
California Code of Civil Procedure regarding notice and hearing.
Section 2. Public Use.
The public use for which the real property is to be acquired is to widen Lugonia Avenue in
conjunction with the 'Home Depot Project. Section 37350.5 of the California Government Code
authorizes the City to acquire by eminent domain property necessary for such purposes.
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Section 3. Description of Property.
Attached to this Resolution and identified as Exhibit "A," is a map showing the location of
APN No. 169-011 19 to be acquired by the City
Section 4. Findings.
The City 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 Section 7267.2 of the California Government Code were made.
Section 5. Use Not Unreasonably Interfering with Existing Public Uses.
Some or all of the real property to be acquired may be subject to easements and rights-of-way
appropriated to existing public uses. The legal descriptions of these easements and rights-of-way
are on file with the City and describe the general location and extent of the easements and rights-of-
way with sufficient detail for reasonable identification. In the event the herein described use or uses
will not unreasonably interfere or impair the continuance of the public use as it now exists or may
reasonably be expected to exist in the future, the City Attorney for the City of Redlands is authorized
to acquire the property subject to such existing public uses pursuant to Section 1240.510 of the
California Code of Civil Procedure.
Section 6. More Necessary Public Use.
Some or all of the real property to be acquired may be subject to easements and rights-of-
way appropriated to existing public use. To the extent that the herein described use or uses will
unreasonably interfere with or impair continuance of the public use as it now exists or may
reasonably be expected to exist in the future, the City finds and determines that the herein described
use or uses are more necessary than said existing public use. The City Attorney for the City of
Redlands is authorized to acquire the property appropriate to such existing public uses pursuant to
Section 1240.610 of the California Code of Civil Procedure. City staff is further authorized to make
sucli improvements to the property being acquired that it determines are reasonable and necessary
to mitigate any adverse impact upon existing public uses.
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Section 7. Further Activities.
The City Attorney for the City of Redlands is hereby authorized to acquire the hereinabove
described real property in the name of and on behalf of the City by eminent domain, and the City
Attorney is further authorized to institute and prosecute such legal proceedings as maybe required
in connection therewith. The City Attorney may take such steps as may be authorized and required
by law and make such security deposits as may be required by order of the court, to permit the City
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 -material 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
ADOPTED, SIGNED AND APPROVED this 5th day of September, 2000.
636---ideat4-4
Mayor of the City of Redlands
ATTEST
I, Lorrie 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 5th day of September, 2000 by
the following vote:
AYES:
NOES.
ABSTAIN
ABSENT
Councilmembers Freedman Peppler Haws Mayor Gilbreath
None
Councilmember George
None
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Assessors Map
Book 0169 Page 01
San Bernardino County
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