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HomeMy WebLinkAbout5021RESOLUTION NO 5021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF AN EASEMENT INTEREST IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND DRAINAGE FACILITIES WHEREAS, the City of Redlands (the "City") proposes to acquire an easement interest in certain real property for purposes of construction, operation and maintenance of underground drainage facilities as part of the Community Center Parking Lot project, 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, September 21, 1993, at 7 00 p m , at 212 Brookside Avenue, 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, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS Section 1 Compliance with California Code of Civil Procedure There has been compliance by the City with the require- ments 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 construction, operation and maintenance of underground drainage facilities Section 37350 5 of the Californiia 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 easement, including the easement rights, to be acquired by the City, which describe the general location and extent of the property with sufficient detail for reasonable identification LMH183690 LMH183690 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 or 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 easement pursuant to section 7267 2 of the California Government Code was not required pursuant to section 7267 of the California Government Code Section 5 Use Not Unreasonably Interfering With Existing Public Use(s) Some or all of the property in which the easement is to be acquired is 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 in which the easement is 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 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 easement 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 easement 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 easement at the earliest possible time Counsel is further authorized to correct any errors in the resolution or to -2- make or agree to non -material changes in the legal description of the easement that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easement 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 easement is being acquired Section 8 Effective Date This Resolution shall take effect upon adoption ADOPTED, SIGNED AND APPROVED this 21st day of September , 1993 ATTEST (-9)fru 2 Lorrie/Poyzer City di Redlan / LM11183690 Clerk -3- Exhibit "A" An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of underground drainage facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City"), together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantors in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit THE WESTERLY 10 FEET OF LOT 37 OF THE OLIVE GROVE ADDITION AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 44, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Grantors shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes Grantors shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantors Grantors agree that no other easement or easements shall be granted on, under, or over this easement City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantors, provided City does not expand its use of the easement beyond the easement boundaries described above Grantors shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City LMH182246 I L LUGIJNIA AVENUE PROPOSED 10' STORM DRAIN EASEMENT 135' N v rl v a, m a 10' w m \I 1� b, y (9 1 135' WESTERN w 1- 1— Q) WASHINGTON AVENUE P❑RTI❑N OF MAP OF ❑LIVE GROVE ADDITI❑N BEING A SUBDIVISION OF PART OF NE, 1/4 OF S.W,1/4 OF SEC, 22—T,I,S,—R,3.W REDLANDS, CA, RECORDED IN BOOK 13 OF MAPS, PAGE 44 SAN BERNARDINO COUNTY CA, no scale