HomeMy WebLinkAbout4060_CCv0001.pdf RESOLUTION NO. 4060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS DECLARING THAT ACQUISITION OF CERTAIN
REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY
FOR STREET IMPROVEMENT PURPOSES
WHEREAS , the City Council of the City of Redlands proposes
to acquire certain real property located along Garden Street and
Mariposa Drive for street improvement purposes pursuant to
Government Code Section 37353; and
WHEREAS , Government Code Section 37350. 5 authorizes the
City to acquire property by eminent domain; and
WHEREAS , pursuant to Code of Civil Procedure Section 1245 . 235
the City scheduled a public hearing for April 16 , 1985 , at
212 Brookside Avenue , Redlands , California, and gave to each person
who owns an interest in the property to be acquired and whose name
and address appeared on the last equalized County Assessment Roll ,
notice and a reasonable opportunity to appear at the hearing and
be heard on the matters referred to in Code of Civil Procedure
Section 1240. 030; and
WHEREAS , the hearing has been held by the City and each
person who owns an interest in the property to be acquired in fee
by eminent domain was afforded an opportunity to be heard on the
matters referred to in Code of Civil Procedure Section 1240 . 030 ;
and
WHEREAS , the City may now adopt a Resolution of Necessity
pursuant to Code of Civil Procedure Section 1245. 030 ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redlands as follows :
SECTION 1 : Com liance with Code of Civil Procedure. There
has been comps nce y the City with the requirements of ode of
Civil Procedure Section 1245. 235 regarding notice and hearing.
SECTION 2: Compliance with Government Code. The City has
complied with Section M7. 2 of the Government Code by making the
purchase offer to the owners of record.
SECTION 3: Public Use. The public use for which the real
property is to be taken is street improvement as authorized in
Government Code Section 37353. Government Code Section 37350. 5
authorizes the City to acquire by eminent domain property necessary
to carry out its functions.
SECTION 4 : Description of Property. Attached to this
resolution and marked as Exhibit A" is a map and legal description
of the property to be acquired in fee by the City.
SECTION 5: Findings. The City hereby finds and determines
each of the following:—
(a)
o owing;(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 the least private injury.
(c) The property described in the attached
Exhibit "A" is necessary for the proposed project;
and
(d) The offer required by Section 7276 . 2 of the
Government Code has been made to the owners of record
of the property described in attached Exhibit "A" .
SECTION 6 : Further Activities , The City Attorney is
hereby auth-6r7i--z-e-U to acquire the a ove-described real property in
the name of and on behalf of the City , by eminent domain , and the
City Attorney is authorized to institute and prosecute such legal
proceedings as may be required in this regard. The City Attorney
is further authorized to take such steps as may be authorized and
required by law to take and to make such security deposits as may
be required by orders of the court , to permit the City to take
possession of and use of the real property at the earliest possible
time.
SECTION 7 : Effective Date. This resolution shall take
effect upon adoption.
ADOPTED, SIGNED AND APPROVED this 16th day of April
1985.
Mayor of te Csty of Redlands ,
California
ATTEST:
City C1 rk of t ity oF Re lan s ,
Califo is
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SCEAU T ERiCK PARCEL
EXHIBIT
ryH
Schusterick Parcel (Acquisition) .
A portion of Parcel 2 of Parcel Map 4426 , recorded in Book 44 ,
Page 41 of Parcel Maps in the office of the Recorder , County
of San Bernardino , State of California , described as follows ;
Commencing at the centerline intersection of Westwood Lane , a
30 foot wide street and Mariposa Drive , a 30 foot wide street ;
thence North 13° 32 ' 53" East , along said centerline of said
Westwood Lane , 76 . 55 feet ; thence North. 61° 55 ' 07" West 15 . 50
feet to the True Point of Beginning , said point being the
Easterlymost lot corner of said Parcel 2 ; thence North 610 55 '
07" West , 15 . 50 feet along the Northeasterly property line of
said Parcel 2 ; thence South 13° 32 ' 53" West , 49 . 18 feet to the
beginning of a tangent curve concave Northwesterly and having
a radius of 13. 00 feet ; thence Southwesterly along said curve
through a central angle of 71° 27 ' 25" , an arc distance of 16 . 21
feet ; thence South 85° 00 ' 18" West , 64 . 80 feet to the beginning
of a tangent curve concave Northerly and having a radius of
466 . 00 feet ; thence Southwesterly along last said curve through
a central angle of 8 ° 34 ' 34" an arc distance of 69 . 75 feet to
a point in the Northeasterly right-of-way line of Garden Street ,
a 60 foot wide street ; thence South 50° 27 ' 35" East , along
last said right-of-way line 34 . 43 feet to its intersection with
the Northerly right -of-way line of said Mariposa Drive ; thence
North 85° 00 ' 18" East along last said line 92 . 59 feet to the
beginning of a tangent curve concave Northwesterly and having
a radius of 50 . 00 feet ; thence Northeasterly along last said
curve through a central angle of 71° 27 ' 25" , an arc distance
of 62.561 ; thence North 13° 32 ' 53" East , 33 . 62 feet along the
Westerly right-of-way line of said Westwood Lane
to the True Point of Beginning .
EXHIBIT "All
LAW OFFICES OF
BEST. BEST & KRIEGER
CITY OF REDLANDS
MAYOR' S AGENDA FOR PUBLIC HEARING
ON GARDEN STREET RIGHT-OF-WAY
EMINENT DOMAIN PROCEEDING
This memorandum is intended to outline the pro-
cedures to be followed by the City Council before adoption
of Resolution No. 4060, the "Resolution of Necessity" for
the proposed Garden Street right-of-way acquisition.
The eminent domain law requires that a public
hearing be held before adoption of a resolution of necessity.
The purpose of the public hearing is to allow the property
owners an opportunity to appear and be heard on the three
issues which the City Council must find before commencing
an eminent domain proceeding. These three issues are tech-
nical in nature and are the only matters upon ;which the Council
need hear the property owners , in this case, Dr . and Mrs .
Powell. The three necessary findings and issues upon which
the Powells may speak are:
(a) Whether the public interest and necessity
require the project.
(b) Whether the project is punned or located
in the manner that will be most compatible with the greatest
public good and the least private injury.
(c) Whether the property sought to be acquired
is necessary for the project.
4Aw OFFiCE9 OF
BEEST, BEST & KRIEGE R
The Mayor should announce the public hearing and
state that its purpose is to allow the property owners to
offer their views on the three above-listed matters . It is
probably a good idea to suggest that they limit themselves
to the three issues . (The Powells were notified of their
rights by letter mailed April 1, 1985 . ) The hearing should
then be opened and the Powells allowed to comment, assuming
they appear.
Following the Powell ' s appearance, the public
hearing should be closed, and the City Council may then
consider adoption of the Resolution of Necessity. By way of
background, the City' s appraisal of the property to be
acquired put its value at $100 . On February 5 , 1985 we
offered the Powells $500 for the property. They responded
with a demand for over $6, 000 . On April. 3, 1985 we upped
the ante to $2, 000, which was again rejected. Apparently,
they came in to see the City Manager on Friday, April 12,
and he made a final offer of $2, 500 . They are now claiming
the property is worth over $7 , 000. In any event, the value
of the property is not an issue which must be considered at
this public hearing or by the Council before adoption of the
Resolution of Necessity.
Adoption of the Resolution of Necessity requires
the City Council to make the findings specified in Section 5
of the Resolution. These findings should probably be read
by the Mayor along with the comment that ,'the Public Works
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LAW OFFICES OF
BEST. BEST & KRIEGER
Department staff reports have provided evidence to support
each of the findings. " Finally, Code of Civil Procedure
Section 1245. 240 requires a two-thirds vote of all the members
of the governing body in order to adopt the resolution.
ARIEL PIERRE CAL014INE
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