HomeMy WebLinkAbout5577RESOLUTION NO 5577
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 CONSTRUCTION OF A WATERLINE AND
APPURTENANCES, AND THE ACQUISITION OF SURFACE RIGHTS FOR CONSTRUCTION
OF A PAVED ROAD
WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire fee
interest in certain real property for the purpose of constructing a water line, appurtenances and a
paved road pursuant to the authority granted to the City by Section 37350.5 of the California
Government Code; and
WHEREAS, pursuant to 1245.235 of the California Code of Civil Procedure, the City
scheduled a hearing for Tuesday December 15, 1998 at 7.00 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 said matters; 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 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 construct a waterline and
appurtenances, and the acquisition of surface rights for construction of a paved road. Section
37350.5 of the California Government Code authorizes the City to acquire by eminent domain
property necessary for such purposes.
Section 3. Description of Property.
Attached and marked as Exhibit A are the legal descriptions and plats of the real property
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to be acquired by the City which describe 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 of the Califomia Government Code were
made.
Section 5. Use Not Unreasonably Interfering with Existing Public Uses.
Some or all of the real property to be acquired is subject to easements and rights-of-way
appropriated to existing public uses. The legal descriptions of these easements and the 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 subject 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 is subject to easements and rights-of-way
appropriated to existing public uses. 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 properly 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.
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 may be required
in connection therewith. The City Attorney may take such steps as may be authorized and required
by law and may make such security deposits as may be required by order of the court, to permit the
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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 29th day of December, 1998.
ATTEST
Beatrice Sanchez, Deputy City Cler
Mayo City ofResMitts
I, Beatrice Sanchez, Deputy 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 29th day of
December, 1998, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT
Councilmembers Banda George Freedman Mayor Cunningham
Councilmember Gilbreath
None
None
Beatrice Sanchez, Deputy City Cle
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EXHIBIT A'
WATER LINE EASEMENT THROUGH A P N. 294-111-08
THAT PORTION OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF
SECTION 11 TOWNSHIP 2 SOUTH, RANGE 3 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF AND SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 95 OF
RECORDS OF SURVEY PAGES 50 THROUGH 53, INCLUSIVE, OFFICIAL RECORDS OF SAID
COUNTY, BEING AN EASEMENT FOR WATER LINE PURPOSES 20 FEET WIDE LYING 10 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.
COMMENCING AT THE NORTHWEST CORNER OF LOT 26, TRACT NO. 13103, AS PER PLAT
RECORDED IN BOOK 223 OF MAPS, PAGES 58 THROUGH 61, INCLUSIVE, AND AMENDED BY PLAT
RECORDED IN BOOK 225 OF MAPS, PAGES 69 THROUGH 72, INCLUSIVE, OFFICIAL RECORDS OF
SAID COUNTY' THENCE ALONG THE WEST LINE OF SAID LOT 26 SOUTH 0098'07" WEST 220.00
FEET THENCE ALONG THE SOUTHWEST LINE OF SAID LOT 26 SOUTH 50'18'55' EAST 64.11
FEET TO A POINT ON THE RIGHT OF WAY OF LANTERN CREST DRIVE AS SHOWN ON SAID
TRACT NO. 13103, SAID POINT LYING ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 52.00 FEET AND WHOSE INITIAL TANGENT GEARS SOUTH 10.53'45' WEST
THENCE SOUTHERLY 5.94 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 6.3244'
THENCE NORTH 7912'41" WEST 13.00 FEET THENCE NORTH 61.29'43" WEST 188.33 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 490 00 FEET
THENCE NORTHWESTERLY 37.55 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4.2326" TO A POINT ON THE WEST LINE OF LOT'A' OF SAID TRACT NO. 13103, SAID LINE ALSO
BEING THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11: THENCE ALONG TME EAST
LINE OF SAID NORTHWEST 1/4 SOUTH 00'00'41" EAST 11.86 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET AND WHOSE
INITIAL TANGENT BEARS NORTH 57'50'35• WEST, SAID POINT BEING THE POINT OF BEGINNING,
THENCE NORTHWESTERLY 30.64 FEET ALONG SATO CURVE THROUGH A CENTRAL ANGLE OF
730'41" THENCE NORTH 54'19'54" WEST 83 87 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET' THENCE NORTHWESTERLY 308.84 FEET
ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 35.2327 THENCE NORTH 89.4320" WEST
147.35 FEET TO THE TERMINATION OF SAID EASEMENT
PREPARED BY
CKS, R C E. NO. 23362
oiotOLO* OOC
TEMPORARY CONSTRUCTION EASEMENT OVER A P N 294-111-08
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Or
SECTION 11 TONNSNIp 2 SouTH RANGE 3 WEST IN THE CITY of REDLANDS, COUNTY of
SAN BERNARDZNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT TLLEREor AND
SHOWN ow RECORD OF SURVEY RECORDED IN BOOS; 95 OF RECORDS OF SURVEY, PAGES 50
THROUGH 53 INCLUsIva, OFFICIAL RECORDS Or SAID COUNTY BEING AN EASEMENT FOR
TEMPORARY coNSTRucTION PURPOSES oVER AND ACROSS THE FOLLOWING DESCRIBED
morn=
COMMENCING AT THE NORTHEAST CORNER of AID NORTHEAST 1/4 of SECTION 11 AS SHOWN
ON SAID RECORD OF SURVEY THENCE SOUTH 00'00x41" EAST ALONG THE EAST LINE OF
SAID NORTNEA9T 1/4 140 00 FEET TO THE POINT of BEGINNING.
=WOE NORTH 56°37 23" WEST 256 37 FEET TO THE NORTH LINE OF nip NORTHEAST
1/4
TRENCE NORTH 89'43,20" WEST ALONG SAID NORTH LINE 349 04 FELT;
THENCE sOUTN 00°16 40" HEST 30 00 FEET
THENcE sours( 89°43'20" EAST 233 20 FEET
THENCE sour( 75'20'15" EAST 145 37 FEET
THENCE sour( 56.37'23" EAST, 226 85 FEET TO THE EAST LINE OF SAID NORTHEAST 1/4
THENCE NORTH 00°00'41" WEST 50 00 FEET TO THE POINT OF BEGINNING
PREPARED BY
"hues W CRs R c E. 23362
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