The URL can be used to link to this page

Home My WebLink About5460_CCv0001.pdf RESOLUTION NO. 5460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF FEE 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 (Portions of APN 169-281-34,owned in fee by Philip M. Schott and Esther J. Schott,as joint tenants) WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire fee interests in portions of certain real property, designated as APN 169-281-34, 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 Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, February 17, 1948 at 7:00 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 the matters referred to in Section 1240.030 of the California Code of Civil Procedure; 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. Section 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. DIM3232LE Section 3. Description of Property.. Attached and marked as Exhibit "A" are the legal descriptions and plats of the real property to be acquired by the City, which 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 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 ights-ofway 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 1240.510 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 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 appropriate 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. DJM3232LE Section 7. Further Activities. 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 maybe 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 pen-nit 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. ADOPTED, SIGNED AND APPROVED this 17th day of February, 1998. Mayor o the City o d ATTEST: Ci , 'lerk 1,Lorrie Poyzer, City Clerk of the City of Redlands,hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 17th day of February, 1998 by the following vote: AYES: Councilmembers Banda, Gilbreath, George, Freedman; Mayor Cunningham NOES: None ABSTAIN: None ABSENT: None i LoniejPoyzer, CIWUrk DJM3232LE APN 169-281-34 ESTHER J. SCHOTT EXH#BIT 'A' THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 5659, AS RECORDED IN PARCEL MAP BOOK 53, PAGES 90 AND 91, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF EUREKA STREET AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF PARCEL NO. 2 OF PARCEL MAP NO. 14891, AS RECORDED IN PARCEL MAP BOOK 181, PAGES 86, 87, AND 88, RECORDS OF SAID COUNTY,-SAID POINT BEING AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL MAP NO. 14891; THENCE NORTH 890 46'370 EAST ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL MAP NO, 14891 49.82 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF EUREKA STREET AS SHOWN BY SAID PARCEL MAP, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL NO. 2 OF SAID PARCEL MAP, SAID POINT BEING ALSO ON A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 360.00 FEET;THENCE NORTHERLY ALONG SAID CURVE FROM AN INITIAL TANGENT THAT BEARS NORTH 40 20'30*WEST WITH A RADIUS OF 360.00 FEET THROUGH A CENTRAL ANGLE OF 40 03'25"AN ARC DISTANCE OF 25.49 FEET ; THENCE NORTH 000 17'05'WEST 14.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 000 17'050 WEST 52.99 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 450.66 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 11'49"AN ARC DISTANCE OF 48.74 FEET; THENCE NORTH 6° 28'54'WEST 28.89 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 960 11' 01"AN ARC DISTANCE OF 41.97 FEET TO A POINT WHICH IS SOUTH 00" 17' 53' EAST 27.00 FEET FROM THE CENTERLINE OF STUART AVENUE; THENCE NORTH 89° 42'07'EAST PARALLEL WITH THE CENTERLINE OF SAID STUART AVENUE 10.00 FEET; THENCE NORTH 00" 17' 53*WEST 27.00 FEET TO A POINT ON THE CENTERLINE OF SAID STUART AVENUE; THENCE SOUTH 89° 42' 07'WEST ALONG THE CENTERLINE OF SAID STUART AVENUE 93.08 FEET TO AN INTERSECTION OF SAID STUART AVENUE AND THE EXISTING CENTERLINE OF EUREKA STREET; THENCE SOUTH 06' 28' 54- EAST ALONG THE CENTERLINE OF SAID EUREKA STREET 89.54 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS 398.66 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60 1149'AN ARC DISTANCE OF 43.12 FEET; THENCE SOUTH 000 17'05' EAST ALONG THE CENTERLINE OF SAID EUREKA STREET 43.03 FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 399.79 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1"25'43'AN ARC DISTANCE OF 9.97 FEET TO A POINT WHICH IS SOUTH 890 42' 12"WEST 51.88 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89° 42' 12' EAST 51.88 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF EUREKA STREET OR STUART AVENUE PREVIOUSLY DEDICATED TO THE C EDLANDS, �-AND�U PRP RED BY:,41 � OLD R. HA iC r, .M1 C LS NO. 2851 r