HomeMy WebLinkAbout4202_CCv0001.pdf RESOLUTION NO. 4202
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF REDLANDS DECLARING THAT THE
ACQUISITION OF CERTAIN EASEMENTS BY
EMINENT DOMAIN IS NECESSARY FOR THE
INSTALLATION OF A STORM DRAIN IMPROVEMENT
(RESOLUTION OF NECESSITY)
WHEREAS, the completion of a storm drain emptying
into the Morey Arroyo, in accordance with the City of
Redland ' s Master Plan of Drains , will necessitate the
acquisition by the City of certain easements upon, under and
across certain private property; and
WHEREAS, various representatives of the City have
negotiated in good faith to obtain said easements , but have
been unable to obtain them; and
WHEREAS, completion of the storm drain project is
immediately necessary to prevent the flooding of City
streets and private property; and
WHEREAS, pursuant to Sections 1245 . 220 and 1245 . 235
of the California Code of Civil Procedure, this City Council
must hold a hearing and adopt a Resolution of Necessity
before commencing an eminent domain proceeding ; and
WHEREAS, pursuant to Code of Civil Procedure
Section 1245 . 235 , a hearing was scheduled for November 4 ,
1986 at 7 :00 p.m. , in the Council Chambers of Safety Hall ,
and notice of said hearing was given to all owners of the
subject property whose names and addresses appeared on the
last equalized county assessment roll and said persons were
thereby given a reasonable opportunity to appear at said
hearing and be heard on the matters referred to in Code of
Civil Procedure Section 1240 . 030; and
WHEREAS, said hearing has been held by the City
Council and all owners of the subject property have been
afforded an opportunity to speak ; and
WHEREAS, the City Council may now adopt a Resolu-
tion of Necessity pursuant to Code of Civil Procedure
Section 1245. 230 ;
NOW, THEREFORE, BE IT RESOLVED as follows :
Section 1 . That there has been compliance with the
requirements of Code of Civil Procedure Section 1245 . 235
regarding notice and hearing.
Section 2 . That the public use for which said
easements are to be acquired is the installation of a storm
drain, and California Government Code Sections 37350 . 5 and
40404 authorize the City to acquire easements upon private
property by condemnation when it is necessary to take such
easements for storm drainage purposes .
Section 3 . That the property upon, under and
across which said easements are necessary consists of
approximately 4 . 51 acres of land located in the City of
Redlands and bounded on the south by Orange Avenue, on the
east by Kansas Street , and on the north by the Morey Arroyo.
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Section 4 . That the legal description which is
attached hereto as Exhibit "A" describes the general
location and extent of the easements to be taken with
sufficient detail for reasonable identification .
Section S . That this City Council has found and
determined each of the following :
(a) The public interest and necessity require
the storm drain project ; and
(b) The project is planned or located in the
manner that will be most compatible with
the greatest public good and least
private injury; and
( c) The property sought to be acquired is
necessary for the project .
(d) The project is an emergency project which
is necessary to preserve the public
health, safety and welfare and to protect
public and private property against
flooding.
Section 6 . That the City Attorney is authorized to
acquire the easements described in Exhibit "A" hereto in the
name of and on behalf of the City of Redlands by grant ,
purchase, gift or eminent domain, and the City Attorney is
further authorized to institute and prosecute such legal
proceedings as may be required in connection therewith.
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Section 7. That the City Attorney is further authorized
to take such steps as he may be authorized and required by law to
take, and to make such security deposit as may be required by
order of court to permit the City to take possession of said
easements at the earliest possible time.
ADOPTED, SIGNED AND APPROVED this 16th day of December,
1986.
Mayor of the City of Redlands
ATTEST:
ity Clerk
I , 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 of
December, 1986, by the following vote:
AXES: Councilmembers Larsen, Johnson, Wormser;
Mayor Beswick
NOES: None
ABSENT: Councilmember DeMirjyn
City lerk
EXHIBIT "A"
PROPOSED STORM WATER DRAINAGE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
An easement in, over , upon, under and across the
land hereinafter described to construct , reconstruct ,
install , replace, remove, repair , alter , operate, maintain,
inspect and use a storm water drainage pipe, together with
all fixtures appurtenant thereto, and for ingress and egress
in connection with the exercise of any of the foregoing
rights. Said easement is located in the County of San
Bernardino, State of California, and is described as :
All that portion of the Southeast 1/4 of
Lot 17 of the BARTON RANCH, as shown on
the plat recorded in Book 6 of Maps , at
Page 19 , records of San Bernardino
County, described as the Westerly 12 . 00
feet thereof , lying between Orange Avenue
on the South and the centerline of the
Morey Arroyo on the North. Assessor ' s
Parcel No. 292-201-06 .
This easement shall include a temporary construc-
tion easement in, over , upon and across the land hereinafter
described, to remain in force and effect for a period of
sixty days from the date installation is commenced, or until
completion of the storm drain system. Said temporary con-
struction easement is located in the County of San Bernar-
dino, State of California, and is described as :
All that portion of the Southwest 1/4 of
Lot 17 of the BARTON RANCH, as shown on
the plat recorded in Book 6 of Maps, at
Page 19, records of San Bernardino
County, described as the Westerly 50. 00
feet thereof , lying between Orange Avenue
on the South and the centerline of the
Morey Arroyo on the North. Assessor ' s
Parcel No. 292-201-06.
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NOTICE OF HEARING
TO: Redlands Joint Venture I
2016 Paseo Del Mar
Palos Verdes Estates , CA 90274
Pursuant to Section 1245 . 235 of the California Code of
Civil Procedure , you are hereby notified that the City Council of
the City of Redlands will hold a hearing at 7 : 00 p.m. on November 4 ,
1986, in the Council Chambers of Safety Hall, located at 212
Brookside Avenue, Redlands , California, to consider adopting a
Resolution of Necessity authorizing the commencement of an eminent
domain proceeding for the acquisition for public use of the
easement and construction rights described in Exhibit "A" to this
Notice. The location of the easement is shown in red on the map
attached as Exhibit "B" . The public use for which such easement
and construction rights are to be acquired is the construction,
maintenance and operation of a storm drain system.
You have a right to appear at the above time and place
and to be heard on the following matters :
1 . Whether the public interest and necessity require
the storm drain project for which the easement and construction
rights upon and across your property are to be acquired.
2 . Whether the project is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury.
3 . Whether the easement and construction rights upon
and across your property are necessary for the proposed project.
In order to be eligible to be heard on the subjects
described above, you must file a written request to appear and be
heard. The request must be filed with the City Clerk at the
following address :
City Clerk
City of Redlands
30 Cajon Street
Redlands , CA 92373
Your failure to file a written request to appear and be
heard within fifteen ( 15 ) days after the mailing of this Notice
will result in the waiver of your right to appear and be heard.
Date : October Al , 1986 .
BEST, BEST & KRIEGER
By. 494W Gam` .
Lance A. Adair
Attorneys for the
City of Redlands
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EXHIBIT A
An easement in, over , upon, under and across the
land hereinafter described to construct , reconstruct,
install , replace, remove, repair , alter , operate, maintain,
inspect and use a storm drain system, together with all
fixtures appurtenant thereto, for storm water drainage
purposes, and for ingress and egress in connection with the
exercise of any of the foregoing rights . Said easement is
located in the County of Riverside, State of California, and
is described as :
All that portion of the Southeast 1/4 of
Lot 17 of the BARTON RANCH, as shown on
the plat recorded in Book 6 of Maps, at
Page 19 , records of San Bernardino
County, described as the Westerly 12 . 00
feet thereof, lying between Orange Avenue
on the South and the centerline of the
Morey Arroyo on the North. Assessor 's
Parcel No. 292-201-06 .
This easement shall include a temporary construc-
tion easement fifty feet in width, lying between Orange
Avenue on the South and the center lire of the Morey Arroyo
on the North, and parallel and contiguous to the above
described drainage easement , to remain in force and effect
for a period of ninety days from the date construction is
commenced or until completion of the storm drain system.
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EXHIBIT "B"
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
I am employed in the county of Riverside , State of
California. I am over the age of 18 and not a party to the within
action; my business address is 400 Mission Square, 3750 University
Avenue, Riverside , California 92502 .
On October 15 , 1986 , 1 served the foregoing document
described as NOTICE OF HEARING
on the interested parties in this action by placing a true coon
thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Riverside addressed as
follows :
Redlands Joint Venture I
2016 Paseo Del Mar
Palos Verdes Estates , CA 90274
Mon-Wei Lin, President
3M Developers Enterprises
21535 Hawthorne Blvd.
Metro Bank Building, Suite 225
Torrance, CA 90503
1 declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on October 15, 1986 at Riverside , California .
( Si ature )
NOTICE OF HEARING
TO: Mon-Wei Lin, President
3M Developers Enterprises
21535 Hawthorne Blvd.
Metro Bank Building, Suite 225
Torrance, CA 90503
Pursuant to Section 1245 . 235 of the California Code of
Civil Procedure, you are hereby notified that the City Council of
the City of Redlands will hold a hearing at 7 : 00 p.m. on November 4 ,
1986, in the Council Chambers of Safety Hall, located at 212
Brookside Avenue, Redlands, California, to consider adopting a
Resolution of Necessity authorizing the commencement of an eminent
domain proceeding for the acquisition for public use of the
easement and construction rights described in Exhibit "A" to this
Notice. The location of the easement is shown in red on the map
attached as Exhibit "B" . The public use for which such easement
and construction rights are to be acquired is the construction,
maintenance and operation of a storm drain system.
You have a right to appear at the above time and place
and to be heard on the following matters :
1 . Whether the public interest and necessity require
the storm drain project for which the easement and construction
rights upon and across your property are to be acquired.
2 . Whether the project is planned or located in the
manner that will be most ,compatible with the greatest public good
and the least private injury.
3. Whether the easement and construction rights upon
and across your property are necessary for the proposed project.
In order to be eligible to be heard on the subjects
described above, you must file a written request to appear and be
heard. The request must be filed with the City Clerk at the
following address :
City Clerk
City of Redlands
30 Cajon Street
Redlands , CA 92373
Your failure to file a written request to appear and be
heard within fifteen ( 15 ) days after the mailing of this Notice
will result in the waiver of your right to appear and be heard.
Date: October IK, 1986 .
BEST, BEST & KRIEGER
" 0 -
By:
Lance A. Adair
Attorneys for the
City of Redlands
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EXHIBIT A
An easement in, over, upon, under and across the
land hereinafter described to construct , reconstruct,
install, replace, remove, repair , alter , operate, maintain ,
inspect and use a storm drain system, together with all
fixtures appurtenant thereto, for storm water drainage
purposes, and for ingress and egress in connection with the
exercise of any of the foregoing rights . Said easement is
located in the County of Riverside, State of California , arid
is described as :
All that portion of the Southeast 1/4 of
Lot 17 of the BARTON RANCH, as shown on
the plat recorded in Book 6 of Maps, at
Page 19 , records of San Bernardino
County, described as the Westerly 12 . 00
feet thereof , lying between Orange Avenue
on the South and the centerline of the
Morey Arroyo on the North. Assessor ' s
Parcel No. 292-201-06 .
This easement shall include a temporary construc-
tion easement fifty feet in width, lying between Orange
Avenue on the South and the center line of the Morey Arroyo
on the North , and parallel and contiguous to the above
described drainage easement , to remain in force and effect
for a period of ninety days from the date construction is
corrimenced or until completion of the storm drain. system.
t For.
EXHIBIT "B"
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
I am employed in the county of Riverside , State of
California. I am over the age of 18 and not a party to the within
action; my business address is 400 Mission Square, 3750 University
Avenue, Riverside, California 92502 .
On October 15, 1986 , I served the foregoing document
described as NOTICE OF HEARING
on the interested parties in this action by placing a true copy
thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Riverside addressed as
follows :
Redlands Joint Venture I
2016 Paseo Del Mar
Palos Verdes Estates , CA 90274
Mor.-Wei Lin , President
3M Developers Enterprises
21535 Hawthorne Blvd.
Metro Bank Building, Suite 225
Torrance, CA 90503
I declare , under penalty of perjury, that the foregoing
is true and correct .
Executed on October 15, 1986 at Riverside , California .
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( S�g4.ature}
LAW OFFICES OF
BEST. BEST & KRIEGER
October 27 , 1986
MEMORANDUM
TO: MAYOR, CITY COUNCIL, CITY MANAGER AND CITY CLERK
FROM: CITY ATTORNEY
RE: PROPOSED RESOLUTION OF NECESSITY AUTHORIZING
COMMENCEMENT OF EMINENT DOMAIN PROCEEDING
Attached is a proposed Resolution of Necessity
authorizing commencement of an eminent domain proceeding to
acquire a permanent storm drainage easement and a temporary
construction easement . The easements are required for the
completion of a storm drain pursuant to the City ' s Master
Plan of Drains. The commencement of eminent domain
proceedings was requested by City staff after a series of
unsuccessful negotiations to obtain the easement .
The Council must adopt the proposed Resolution by
a two-thirds vote in order to authorize acquisition of the
easements by eminent domain. The Council must conduct a
hearing before adopting the Resolution. Any property owner
who within fifteen days after the notices of hearing were
mailed filed a written request to appear and be heard must
be allowed to speak at the hearing. Others may be allowed
i
to speak at the Council ' s discretion. j
The subject matter of the hearing may be confined
to three topics :
1 . Whether the public interest and necessity
require the storm drain project ;
LAW OFFICES OF
BEST, BEST & KRIEGER
2 . Whether the project is planned or located in
the manner that will be most compatible with the greatest
public good and the least private injury; and
3 . Whether the property sought to be acquired is
necessary for the project .
There is no obligation to confine the hearing to
the three topics listed above . However , it would be
inadvisable to allow the hearing to turn into a negotiation
session, or a hearing on the value of the storm drainage
easement . If necessary, it can be made clear that the vote
on the resolution does not preclude future negotiations , but
that it is not the purpose of the hearing to conduct such
negotiations .
Attached to the Resolution are a proposed agenda
for conducting the hearing , and a statement that may be read
at the hearing if it is felt necessary to limit the topics
of the hearing.
LANCE A. ADAIR
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