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Home My WebLink About5420_CCv0001.pdf RESOLUTION NO. 5420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE CONSTRUCTION OF THE CITY OF REDLANDS' PROPOSED EUREKA STREET WIDENING PROJECT (APN 169-156-22,owned in fee by David P. Crain and Kathleen A. Crain) WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire a fee interest in portions of real property, designated as APN 169-156-22, along with a temporary construction easement over the entire property, for the purpose of constructing its "Eureka Street Widening Project" 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 public hearing for September 16, 1997 at 7:30 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 the requirements of Section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. 5 u,fim 2 Public Use. The public use for which the real property is to be acquired is to construct the City's "Eureka Street Widening Project." Section 37350,5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. SDLMB WBl350Z -Section 3 Description„ f Property Attached and marked as Exhibit "A" is the legal description of the real property to be acquired by the City. Attached and marked as Exhibit "B" is the plat map depicting the location of the property. The legal description and plat map 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 California Government Code were made. Section S Use Not Unreasonably lnterferin g 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 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 1240.5 10 of the California Code of Civil Procedure. Section 6. Mare Necessa[y Public Use. Some or all of the real property to be acquired is 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 appropriated 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.. SDI,n1BWM3502 S sjliQn 7. Mitigation Measures. As part of the project as proposed, the City staff shall work with the owners of the property to be acquired, designated as portions of APN 159-156-22, to reconstruct the access to the remainder property in the after condition, and to reconstruct certain improvements currently located on the subject property which will be impaired by the project. In order to provide these mitigation measures, the City shall acquire a temporary construction easement over the entire property to be used while the existing business continues on the property. Said temporary construction easement will commence upon 2 weeks written notice and shall be for a period of six months or until said improvements are completed, whichever is earlier. The City finds and determines that these mitigation measures are part of the project as proposed and may be taken into account under Code of Civil Procedure Section 1263.450. SectiQn 8. Further Activilies. 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 make such security deposits as may be required by order of the court, to permit 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. The City Attorney is further authorized to retain outside legal counsel to institute and prosecute such legal proceedings as may be required to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain. ADOPTED, SIGNED AND APPROVED this 16tlday of September , 1997. Mayor Pro Tempore, City of Redlands ATTEST: L.� Lorri Poyz r, it Clerk SUIMBWB13502 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day September, 1997, by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, and Banda NOES: None ABSTAIN: Councilmember Larson ABSENT: None rr* Poyze , ity Clerk SDLIT\BWB\3SO2 Exhibit "A" LE(iAL DESCRIPTION OF FEE ACQUISITION A fee simple interest in the following portions of APN 169-156-22: The westerly 27 feet of Lot 22 and Lot 23 of Tract 2083, in the City of Redlands, County of San Bernardino, State of California, as per map in Boole 30, Page 26, of Maps, in the Office of the County Recorder of said County. LEGAL DESCRIPTION OF TEMPQRARY CONSTRUCTION EASEMENT A temporary construction easement for the period of six months or until the improvements for which the easement is taken are completed, which ever is earlier, commencing upon 2 weeks written notice, for the construction of the project as proposed, including the reconstruction of access and relocation of certain improvements currently located on the subject property, in the property described as follows: Lot 22 and Lot 23 of Tract 2083, in the City of Redlands, County of San Bernardino, State of California, as per map in Book 30, Page 26, of Maps, in the Of1-ice of the County Recorder of said County. 3DLrf%B WM3502 Plat Map Exhibit "B" r aw 104 a 4D 21 o - 20 AVOYLU ^—r �► �+ 6 = t - � !s 3f !!J to v ,j c � /,ms —r TA, 0. 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