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HomeMy WebLinkAbout5132RESOLUTION NO 5132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE EXPANSION OF THE CITY'S CALIFORNIA STREET LANDFILL WHEREAS, the City of Redlands (the "City") proposes to acquire certain real property for the purpose of expanding the California Street Landfill, pursuant to the authority granted to it 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 December 20, 1994, at 3:00 p.m. at 35 Cajon Street, Suite 2, Redlands, California and gave to each person whose property is to be acquired and whose name and address appeared 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 an 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 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 property is to be acquired is the expansion of the City's California Street Landfill. 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 is the legal description and plat of the property to be acquired by the City which describe the general location and extent of the property with sufficient detail for reasonable identification. DIM359LE Section 4. Findings. the City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property described in Exhibit "A" is necessary for the proposed project; and (d) An offer to purchase the property pursuant to section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering With Existing Public Use(s). Some or all of the 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 with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easement subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the property which is to be acquired may be 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 the 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. Counsel for the City is authorized to acquire the property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said property at the earliest possible time. Counsel is further authorized to correct any errors in the resolution or to make or agree to non -material changes in the legal description of the property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject property Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the properly is being acquired. Resolution No. 5132 Page 2 DJM359LE Section 8. Effective Date. This Resolution shall take effect upon adoption. ADOPTED SIGNED AND APPROVED this 20th day of December, 1994 ATTEST Lo City of Redlands Resolution No. 5132 Page 3 D1M359LE aiirAl wen Larson, Mayor City of Redlands EXHIBIT 'A ALL THAT PORTION OF LOT NO'S 1 AND 2 BLOCK 1 BROWNS SUBDIVISION OF LOTS 1 2 3 AND 4 BLOCS 2 AND LOTS 1 2 3 4 13 14 15 AND 16 BLOCK 1 MAP NO 1 OF THE HENRY L. WILLIAMS TRACT AS PER PLAT RECORDED IN BOOS 8 OF MAPS PAGE 96 OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF BLOCS 71 RANCHO SAN BERNARDINO AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOS 60 PAGE 53 OF RECORDS OF SURVEY OFFICIAL RECORDS OF SAID COUNTY THENCE SOUTH 00°34 57" WEST 1085 98 FEET ALONG THE EAST LINE OF SAID BLOCS 71 THENCE NORTH 89°10 16' WEST 51.00 FEET TO TEE NORTHEAST CORNER OF SAID LOT 1 BLOCS 1 THENCE CONTINUING NORTH 89010 16' WEST 250 63 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 00°49'44 WEST, 50 00 FEET THENCE NORTH 89 10 16" WEST 101 54 FEET TRENCH NORTH 56°40 16" WEST 292 48 FEET THENCE NORTH 89 10'16" W 227 21 FEET MORE OR LESS TO A POINT 450 FEET EAST OF THE WEST LINE OF LOT 2 BLOCS 1 THENCE' NORTH 00°35 17' EAST 234 60 FEET MORE OR LESS PARALLEL WITH THE WEST LINE OF SAID LOT 2 TO A POINT ON THE NORTH LINE OF SAID LOT 2 THEN= SOUTH 56°40 16" EAST 636 04 FEET THENCE SOUTH 89 10 16' EAST 39 98 FEET TO THE POINT OF BEGINNING PREPARED BY /1S-9 HAROLD R HARTWICM 3 0 IANO AL HAROLD R. HARft41CX No. 2251 Exo. lune 30. 1996 1. 0 ri sr 2851 0 co N IIicks & Hartwick, Inc. CIVIL ENGINEERS LAND SURVEYORS 47 Ent CSW Avenue REDLANDS. CALIFORNIA (SCSI 703-2257 227.21' 1.189'10'16"W n in r) 450 FEET TO V - WEST LINE OF LOT 2, BLK 1 209.02' 1 0 0 0 z APN 167-391-03 CITY OF REDLANDS N8910'16 -W 341.61 n r 39.96• ' o (n N8910`16"W z APN 292-041-06 DONALD N. & LAURA TEUNISSEN 616.59' 250.63' 51' N89'27'45 -W 1326.62'