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Home My WebLink About7349_CCv0001.pdf RESOLUTION NO. 7349 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF REDLANDS FOR THE ACQUISITION OF EASEMENT INTERESTS IN CERTAIN REAL PROPERTY LOCATED IN THE CITY OF REDLANDS AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 0292-157-05, 0292-157-06, 0292-157-16, 0292-157-31, AND 0169-362-15 BY EMINENT DOMAIN IS NECESSARY FOR PUBLIC RIGHT-OF-WAY FOR THE CONSTRUCTION OF THE REDLANDS BOULEVARD AND ALABAMA STREET AND REDLANDS BOULEVARD AND COLTON AVENUE INTERCHANGES IMPROVEMENT PROJECT IN THE CITY OF REDLANDS WHEREAS,the City of Redlands (the"City")proposes to acquire easement interests in certain real property located in the City of Redlands which is more particularly described as Assessor Parcel Nos. 0292-157-05, 0292-157-06, 0292-157-16, 0292-157-31,and 0169-362-15 for public right-of-way purposes and the construction of the Redlands Boulevard and Alabama Street and Redlands Boulevard and Colton Avenue interchanges improvement project("Project"), in the City of Redlands, California, pursuant to the authority granted to it be 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 December 17, 2013, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the Redlands City Hall, located at 35 Cajon Street,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 and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act. I L\CcierklR o1utionsxR 7300-7399`12eso 7349.doe 'Section 2. Public Use. The public use for which the real property is to be acquired is for public right-of-way purposes and the construction of realignment and widening of the Redlands Boulevard and Alabama Street intersection, in Redlands, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibits"A," "B," and"C"is the legal description and depiction of the real property to be acquired by the City,which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification. 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 real property described in Exhibit"A,""B," and"C"are necessary for the proposed project; D. The offer required by Section 7267.2 of the California Government Code was 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 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 real property subject to such existing public uses pursuant to Section 1240.5 10 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 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 real property appropriated to such existing public uses pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make 2 L\cc1ff1&Reso1utions,Res 73W73 99Reso 7349.doe such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real 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. Legal 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 real property at the earliest possible time. Counsel is farther authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real 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 for the project for which the real property is being acquired. Section 8. Effective Date. This resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 17ffi day of December, 2013. Pete Aguilar, Mayor ATTEST: Sam h-wn4it_)/Clerk 3 L\cc1eW,Reso1utions\Rc&7300-7399,Reso 7349.doe 1, Sam Irwin, 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 17" day of December, 2013,by the following vote: AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSTAIN: None ABSENT: None x, Sam Irwin, City CIA' 4 L\cc1erkNResohttione,Res 7300-7399-,Reno 7349,doe Exhibit W Resolution of Necessity(R.O.N.) No.7349 City Council 12/17/13 EXHIBIT`"A" Legal Description Roadway Easement APN 0292-157-05 &0292-157-06 That portion of the Northeast quarter of Block 12,Barton Ranch,in the City of Redlands,County of San Bernardino,State of California,per map recorded in Book 6,Page 19 of Maps in the office of the County Recorder of said County,described as Parcels 1 and 2 in a Quitclaim Deed recorded August 4, 1987 as Instrument No. 87-269823 of Official Records in the office of the County Recorder of said county,lying northerly,northeasterly and easterly of the following described line: ----Cornmnciiitat--t-be-c-.P-nterlineintersection ofRedlands Boulevard and--Mabam-St j!eet-as-shown on Parcel Map No.2863 recorded in Book 30,pages 68 and 69 of Parcel Maps in the office of the County Recorder of said County-,thence along said centerline of Redlands Boulevard as shown on said Parcel Map,North 88*43'40"West, 133.00 feet to the northerly prolongation of the west line of Parcel 1 of the land described in said deed;thence along said prolongation,South 000001001 West,41.25 feet to the northwest comer of said Parcel 1,thence along the west line of said Parcel 1,South 00°00'W''Brest, 18.75 feet to the TRUE POINT OF BEGINNING,said point being on a line that is parallel with and 60.00 feet south of said centerline of Redlands Boulevard as shown on said Parcel Map;thence along said parallel line,South 88*434W'East; 73.19 feet;thence South 44*21'52"East, 14.01 feet to a line that is parallel with and 50.00 feet west of said centerline of Alabama Street as shown on said Parcel Map; thence along said parallel line,South 00*00W West, 121.45 feet to the south line of Parcel 2 of the land described in said deed. The above-d6scribed parcel of land contains approximately 2;795 square feet. As more particularly shown on Exhibit"B"attached hereto and made a part hereof. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. MG4ttR .c jfA Teri Kahlen,PLS 8746 Date REDLANDS BOULEVARD f N88- 43'40"W 133. 00' ---- ---- -- ----------------------------- 0 P.O.C. b 0 C14 o ci 0 (o X w" z- s0000O' O � 18.Z' T.P.O.B. 73- 19'S88043'40"*E S44021 ' 52 14.01 ' LLJ :t . 6-4 o I N APN 0292-f57-05 oi- N 0 o E-. of Go 0 Z. BARTON RANCH 50.00' ------------------------- BLOCK 12 3 x Z w4 0 0 -4% M.B. 6 19 0 0 40.00' i 0 APN 0292-f57-06 V) PARCEL MAP NO. 2863 P.M.B. 30168-69 TERI KAHLEN PARCEL 1 8746 INDICATES ROADWAY EASEMENT TO BE ACQUIRED towrr c AREA = 2,795 SF RED ANDS BLVD. AW EXHIBIT "B" ALABAMA ST. W PPAlACT SHEET- 1 OF 1 APN 0292-157-05 & 06 DATE:6/5/13 SKETCH TO ACCOMPANY CITY OF REDLANDS DRAWN BY. TLK LEGAL DESCRIPTION COUNTY OF SAN BERNARDINO SCALE:1"-30' L I STATE OF CALIFORNIA EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT ----------- 3 -N88° 43'40"W ___ 133. 00` ___ --- --___ o _ REDLANDS BOULEVARD I �� i b 0 N ci a� ¢ a i o� o cs csa o i S00°00'(?0"W ' S$8° 43'40"E S44°21 `52"E 18.75' <�773. 19` 14.01 ' 1 f 62.65' S88°43'40"E 1 t D S00° 00' 00"W 23.89' N90' 00' 00"W 15.33' of E, S00°00'00"W 16. 10` 3a1 W APN 0292-157-05 4 of 6 N90°00' 00"W 14.97' 6- S00°00' 00"W 21 . 93` 5zf N90° 00' 00'W 14.97' 50.04' ------------------ 6 __ I BARTON RANCH ! Q 0- o BLOCK' 12 o � 0 40.00' 1 APN 0292-957-06 0 "o 7 o cn M B. 6 f 19 5.00' i i i PARCEL .MAP NO. ,2&63 �� L'�° P.M.B. 30 68-69 � TERI U PARCEL 1 � No 8746 � INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA = 1,690 SF REDLANDS BLVD. AND ALABAMA ST. IMP PROJECT SHEET: 1 OF 1 PARAGON AIN 0292-157-05 do 06 DATE:7/18/13 PARTNERS CITY OF REDLANDS DRAWN BY. TLK LTD COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA SCALE:1"=30' EXIHBIT"All Legal Description Roadway Easement APN 0292-157-31 The northerly 10.00 feet of that portion of the Northeast quarter of Block 12,Barton Ranch,in the City of Redlands,County of San Bernardino,State of California,per map recorded in Book 6,Page 19 of Maps in the office of the County Recorder of said County,described in a Grant Deed to Redlands 7/11 Associates recorded December 10, 1998 as Instrument No. 1998-0524936 of Official Records in the office of the County Recorder of said county. The above-described-parcel of land contains approximately 1,320-square-feed ___ ___ __ As ,320-square-feet.- As more particularly shown on Exhibit`B"attached hereto and made a part hereof. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Ten Kahlen,PLS 8746 OPC REDLANDS BOULEVARD --------._----_----------------------_�—__ 0cs 04 M 0 o ci I I I I 00' APN 0292-157-31 40. I � O.R. 1998-0524936 I IcQ BARTON RANCH i i7;q I i � BLOCK 12 I i � M.B. b / 19 da I i i PARCEL MAP NO. 2863 P.M.B. 30168-69 �. L $L PARCEL 1 KEEN Nm 7 INDICATES ROADWAY EASEMENT TO BE ACQUIRED OF cht��°` AREA = 1,320 SF REMAWS MO EXHIBIT "B" AL A ST. CT SHEET- 1 OF 1 APN 0292-157--31 DATE:6/3/13 SKETCH TO ACCOMPANY CITY OF REDLANDS DRAWN BY. TLK COUNTY OF SAN BERNARDIN4} LEGAL DESCRIPTION COUNTY OF CALIFORNIA E.1" 40' Exhibit'B' Resolution of Necessity(R.O.N.)No.7349 City Council 12/17/13 EXH[Bff"A" Legal Description Roadway Easement APN 0292-157-16 That portion of Parcel 1 of Parcel Map No. 2863,in the City of Redlands,County of San Bernardino,State of California,per map recorded in Book 30,Pages 68 and 69 of Parcel Maps in the office of the County Recorder of said County, described as follows: Beginning at the northerly terminus of that certain course shown as having a bearing of North 00100'00'East and a length of 141.25 feet on the boundary line of said Parcel;thence along said certain course,South 00'00'00'West, 10.00 feet to a line that is parallel with and 10.00 feet south,of-the-s(mtherly-right-of--way-hne,of--Rediands-Boulevard-as-shown-on-said-P-wcel--,]S .- thence along said parallel line,North 88'43'40"West, 94.54 feet;thence North 84011'25"West, 126.37 feet to said southerly right of way line of Redlands Boulevard;thence along said southerly right of way line,South 88043'49'East, 220.20 feet to the Point of Beginning. The above-described parcel of land contains approximately 1,574 square feet. As more particularly shown on Exhibit"B"attached hereto and made a part hereof. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. W�113 Tft Ten Kahlen,PLS 8746 Date AW 0748 iA _ REDLANDS BOULEVARD N88'43'4q, - _.._--_---- ----_...- _------- ----------- -- -_-►�r--- -� - 0 o -a 0 , P.D.B. I 588°43'40"E 220.20'c� I 500VV00"W E" " ' �J .L. 126. 3-7, 94.54' 1 N88°43'40"W la r Io O ui v :ii'' �z � � I AP,N 0292-157-16 .� I a � I PARCEL MAP NO. 2863 i P.M.B. 30168-69 i PARCEL 1 i i i i f L TERI KEEN 46 INDICATES ROADWAY EASEMENT TO BE ACQUIRED AREA = 1,574 SF AM EXHIBIT "B" Au ASST 6V aPRUCT SHEET- 1 OF 1 APN 0292-157-16 DATE:6/3/13 SKETCH TO ACCOMPANY CITY OF REDLANDS DRAWN BY: TLK COUNTY OF SAN BERNARDINr7 , ,� ( LEGAL DESCRIPTION STATE OF CALIFORNIA SCALE: EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT -------- — REDLANDS BOULEVARD N88"43'40"W ------------- ------------ ------ --- — -�j-----� _ o i N88°43' 40"W ao 0 0 5.00' S88.43'40"E 'CO 220.20 1 N84- 11 ,25,,,W500.00'00"W _ _ —k 126. __ 34. 4,.___ 10.00 i 37 a N88°43'40"W ;n LL; iw 0 '0 10 w a 0 Q IZ o � I APN 0292-157-16 I o � I z PARCEL MAP NO. 2863 I P.M.B. 30/68-69 j PARCEL 9 1 i i i i �L L a� SEN * No.8746 ® INDICATES TEMPORARY CONSTRUCTION EASEMENT sr�rFpQ�`� AREA = 1,130 SF CA1�F REOLMNDS 8LYQ AND AL,A1104" ST. W PRQACT SHEET: 1 OF 1 PARAGON APN 0292-157-16 DATE:7/18/13 PARTNERS CITY OF REDLANDS DRAWN BY: TLK Lm COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA SCALE-1'-50' Exhibit'C' Resolution of Necessity(R.O.N.)No.7349 City Council 12/17/13 EXHIBIT«A» It Legal Description Roadway Easement APN 0169-362-15 That portion of Parcel 1 of Parcel Map No. 3683,in the City of Redlands,County of San Bernardino,State of California,per map recorded in Book 38,Pages 66 and 67 of Parcel Maps in the office of the County Recorder of said County,lying southerly and southeasterly of the following described line: Commencing at the southerly terminus of that certain course shown as having a bearing-of North 00*34'00'East and a length of 137.42 feet on the east line of said Parcel;thence along said .......... certain-wii=,NoiLt.'Jli-W34-W2-East,-,-1-6.32-feet-to-the True-Point of_Beginnmg;-thence-leaving, said east line of said Parcel 1,North 89*26'00'West, 1.05 feet to the beginning of a non-tangent curve,concave northwesterly and having a radius of 32.73 feet,a radial line of said curve bears South 89*26'00"East;thence Southwesterly 36.17 feet along said curve through a central angle of 63'19'24"to the south line of said Parcel 1. The above-described parcel of land contains approximately 147 square feet. As more particularly shown on Exhibit"B"attached hereto and made a part hereof. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. L4*00 TO" Cv * K 4HUW M48 8748 W Teri Kahlen,PLS 8746 Date (P :A IV C EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT j rn I "' 50.00' j AP.N 0169-36.2-15 WI i PARCEL MAP NO. 3683 P.M.B. 38166-67 0 PARCEL I0 CQ i i i z 5.00' N89°26'00"W I I ._uj (RAD) 1.05' I 10 S89026`00"E I I a Ito a `SOQ, N00°34'00"E ! 0 16.32' z I ! 14 N88-43'40"W w I W A= 63019'24" o 24" 1 I 626006'36"E,� R- 32. 73 =- o (RAD) = 36. 17' { ci u') 01 I REDLANDS BOULEVARD Z � ► L N88°43'40"W T ° K*tEN I INDICATES TEMPORARY CONSTRUCTION EASEMENT �r� Of c�+��°�� AREA=797 SF REDLANDS B .W. AND p ALASAMA ST 00 PROJECT SHEET: 1 OF 1 PARAGON APP# 0169-362-15 DATE:7/18/13 PARTNERS CITY OF REDLANDS DRAWN BY. TLK LTTY COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA SCALE.1" 30'