HomeMy WebLinkAbout5784RESOLUTION NO 5784
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING
THAT THE ACQUISITION OF AN EASEMENT OVER CERTAIN REAL PROPERTY BY
EMINENT DOMAIN IS NECESSARY FOR THE COMPLETION OF THE CITY'S COLTON
AND WABASH AVENUE INTERSECTION PROJECT
WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire a ten foot
easement in a portion of certain real property designated as APN 298-061 19 for the purpose of
pipeline maintenance for an existing Bear Valley Mutual Water Company irrigation line 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 hearing for Tuesday January 16, 2001 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 Califomia 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 complete the City's 'Colton
and Wabash Avenue Intersection 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 and identified as Exhibit "A" is the legal description and Exhibit 'B" is the plat map
for the easement to be acquired by the City which describes the general location of the property to
be acquired with sufficient detail for reasonable identification.
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 ofthe California Government Code were made.
Section 5. Use Not Unreasonably Interfering with Existing Public Uses.
Some or all ofthe 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
such 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 pel,nit 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 APPROVE
ATTEST
his 6th day of February 20
ayor Pro Tempore of the City of Redlands
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 6th day of February 2001 by
the following vote:
AYES Councilmembers Haws, Peppier, Freedman; Mayor Pro Tem George
NOES None
ABSTAIN Mayor Gilbreath
ABSENT None
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EXHIBIT A
IRRIGATION EASEMENTAN APN 298-061-19
ALL ,THAT PORTION OF LOT 7 BLOCK 3, STRETCH MAP OF MENTONE AS PER PLAT
RECORDED IN BOOK 8 OF MAPS, PAGE 81 OFFICIAL RECORDS OF THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, BEING A 20 FOOT WIDE STRIP OF LAND THE
CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 SOUTH,
RANGE 2 WEST SAN BERNARDINO MERIDIAN, AS SHOWN ON RECORD -OF SURVEY
RECORDED IN BOOK 20 OF RECORDS OF SURVEY PAGE 14 OFFICIAL RECORDS OF
SAID COUNTY THENCE ALONG THE SOUTH LINE OF SAID SECTION 19 SOUTH 89°34'26"
EAST 146.60 FEED THENCE NORTH 00°06'02" EAST 27.00 FEET THENCE NORTH
22°28'34" WEST 14.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COLTON
AVENUE, SAID POINT BEING THE POINT OF BEGINNING,
THENCE FROM THE POINT OF BEGINNING NORTH 22°26'34" WEST 9.48 FEET THENCE
NORTH 02°45"29"EAST 12412 FEET TO THE SOUTHEASTERLY LINE OF THE PARCEL OF
LAND GRANTED TO SAN BERNARDINO ASSOCIATED GOVERNMENTS BY INSTRUMENT
NO. 93-137041 OFFICIAL RECORDS OF SAID COUNTY SAID POINT BEING THE
TERMINATION OF SAID STRIP OF LAND.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO
TERMINATE ON SAID SOUTHEASTERLY LINE OF THE SAN BERNARDINO ASSOCIATED
GOVERNMENTS PARCEL AND ON SAID NORTH RIGHT-OF-WAY OF COLTON AVENUE.
PREPARED BY
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APN 298-051-19
TRWAM J. LOCKLW
1705 E. COLTON AVE.
REDLANDS. CA. 92374
^l�- EASEMENTOF 20' NIDE IRRIGATION
TO BEAR VALLEY
I I I MUTUAL WATER COMPANY
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EXIST. RAY
10110.1;'N
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FUTURE R/W
SW COR. SEC. 19 PER R.S. 20/14
589.34'281E _ 148.60'
SOUTH UNE SEC. 19, TTS, R3W & C COLTON AVE. PER R.S. 20/14
sY 883'58' ,�N AVCNUE
Q,, IMPROVELIENTS
S89.52'29 -E
NORTH UNE LOT 39, BLOCK 77. RANCHO SAN BERNARDINO
27.00'
N00.06'02'E
EXHIBIT "B"
APN 298-061-19
BEAR VALLEY MUTUAL WATER CO.
IRRIGATION EASEMENT
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DRAWN BY PM
DATE PREPARED 05/16/00
HORIZ. SCALE r - 50'
SHEET 1 OF 1