1988-01 t
RESOLUTION NO. 88-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, DESCRIBING A
CERTAIN PROJECT; MAKING STATEMENT OF THE
PUBLIC USE FOR -THE TAKING OF CERTAIN PROPERTY
BY EMINENT DOMAIN: DESCRIBING GENERAL LOCATION
AND EXTENT OF SAID PROPERTY TO BE TAKEN;
DECLARING FINDINGS AND DETERMINATIONS ON
PUBLIC INTEREST AND NECESSITY FOR SAID
PROPERTY; AUTHORIZING AND DIRECTING EMINENT
DOMAIN PROCEEDINGS TO BE COMMENCED IN
SUPERIOR COURT TO ACQUIRE SAID PROPERTY
INCLUDING APPLICATION FOR POSSESSION OF SAID
PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER
. . . . . . . . . . . . .
DETERMINATIONS
WHEREAS, the City of Grand Terrace, hereinafter called
"City" , is a public entity organized and existing uner and
pursuant to the laws of the State of California; and
WHEREAS, this Council intends to undertake, a certain
Project for public purposes; and
WHEREAS , in order to accomplish said Project, this
Council believes that it is necessary to acquire by eminent
domain certain property, including the right of temporary
occupancy of adjacent lands for construction purposes,
hereinafter collectively called "Subject Property" ; and
WHEREAS, this Council has previously adopted a
resolution describing the Subject Property as Exhibits
attached thereto; and
WHEREAS , said Council has fixed a time and place for.
public. hearing_ on 'the matter` s referred to in Sectionl240 . 030
of the Code of Civil Procedure; and
WHEREAS, this Council has given each person who owns
or claims a right in said Subject Property proposed to be
acquired by eminent domain and whose name and address appears
on the last equalized county assessment roll notice and
reasonable opportunity to be heard in- the time, form and manner
required by Section 124.5 . 235 of the Code of Civil Procedure; and
WHEREAS, at said public hearing, this Council did hear and
consider all testimony, written and oral, to the matters
referred to in Section 1240 . 030 of the Code of Civil Procedure:
NOW, THEREFORE, the City Council of the City of Grand
Terrace does hereby RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That the above recitals are all true and
correct.
Section 2 . That said Subject Property to be taken by
eminent domain is for a public use, to wit:
The construction, installation, improvement
and acquisition of road, roadway, curb, gutter,
streetlight, and traffic signalization, and
including appurtenant work thereto.
Section 3 . That the City is authorized and empowered 'to
commence eminent domain proceedings to acquire said Subject
Property, pursuant to the statutes as contained in- the.--Eminent
Domain "Law, being Title 7 , Part III of the Code of Civil
Procedure.
Section 4 . That a description of the general location and
extent of said Subject Property to be taken by eminent domain
is set forth on Exhibit "A" and "B" attached hereto.
Section 5 . That this Council does find, determine and
declare as follows :
(a) That, to the extent acquisition of said Subject
Property results in a remnant, said remnant shall be acquired
by eminent domain herein, pursuant to Section 1240 .410 of
the Code of Civil Procedure; and
(b) That, to the extent said Subject Property or interest
therein is already appropriated to public use, the use proposed
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herein is a more necessary public use than the one to which
said Subject Property is presently appropriated, pursuant to
Section 1240. 610 of the Code of Civil Procedure, or, in the
alternative, the use proposed herein is a compatible public
use which will not unreasonably interfere with the continuance
of the existing public use, pursuant to 1240 . 630 (a) of the
Code of Civil Procedure.
Section 6 . That this Council does hereby further find,
determine and declare as follows :
(a) That the public interest and necessity require
said project; and
(b) That said Project is planned or located in the
manner that will be most compatible with the
greatest public good and the least private injury; and
(c) That said Subject Property sought to be acquired is
necessary for said Project;and
(d) That a written offer of just compensation has been
made to the owner of record of said Subject Property
in the time, -form and manner required by Section
7267 . 2 of the Government Code.
Section 7 . That the City Attorney is hereby authorized
and directed to commence an action in the Superior Court of
the State of California for the County of San Bernardino in the
name and on behalf of the City, against those persons who
appear on record or who are known to have a claim or interest
in said Subject Property described in Eshibits "A" and "B" , for
the purpose of acquiring said Subject Property by eminent
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domain for the public use described herein and to make
application for possession of said. Subject Property prior to
judgment.
Section 8 . That the officers of the City are hereby
authorized and directed to withdraw necessary sums to deposit
with the Superior Court as the probable amount of compensation
that will be awarded in the eminent domain proceedings to
acquire said Subject Property described in Exhibits "A" and
Section 9 . That the officers of the City are hereby
authorized and directed to take -any appropriate action
consistent with the pruposes of this Resolution.
ADOPTED this 28th day of 'January , 1988 .
Mayor
ATTEST:
del
City Clerk
APPROVED AS TO FORM:
City Attorney
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That portion of Lot 1, Block "E" , of Grand Terrace, being a
Subdivision of Section 32, Township 1 South, Range 4 West, San
v Bernardino Base and Meridian, as per map recorded in Book 11,
Page 4, of Maps, records of the Recorder of San Bernardino
County, State of California, being more particularly described
as follows :
Commencing at the Southeast corner of said Lot 1;
THENCE South 890 50 ' 33" West, along said South line, a
distance of 28. 00 feet to a- point thereon, being also the TRUE
POINT OF BEGINNING;
THENCE continuing South 890 50 ' 83" West, along. said
South line, a distance of 2. 77 feet to a point on -said' South
line;
THENCE leaving said South line North 00°. 11 ' ' 44" East,
a distance of 17. 00 feet, to the beginning of a- curve, concave
Northwesterly, the tangent to said curve bears North 890 50 ' ' 33"
East;
THENCE Northeasterly along said curve to the left, having..'
a radius of 20 . 00 feet, through a central angle of .890 38.' 49" ,.
for an arc distance of' 31 . 29 feet;
THENCE North 000 11 ' 44" East, along a line tangent to
- the last described curve, being also a line parallel with and
distant, 11 .00 feet Westerly :of, .measured at right.. angles to,
the Easterly line of said Lot 1, a distance of .15'.00. .feet;
THENCE North 890 501. 33". East, a distance of 11'. 0'0 feet,
to a point in said Easterly .line;
THENCE South 00' 11 ' 44" West, along .the East .line of
said Lot 1, a distance of 23 ..88 feet, to a . point thereon,
said point bears North 000 11 ' 44" East,' measured along- said
East line, a distance of 28'. 00 feet, from said'Southeast
corner of said Lot 1;
THENCE leaving said East line South 45' 01 ' 08" West,
a distance of 39 . 71 feet to the TRUE POINT. OF BEGINNING.
Contains 0 . 014 Acres '(600. 3 square feet) .
� xN113 �'r "
TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 1 , Block "E" , of Grand Terrace, being a
Subdivision of Section 32, Township 1 South, Range 4 West, San
Bernardino Base and Meridian, as per map recorded in Book 11 ,
Page 4 , of Maps, records of the Recorder of San Bernardino
County, State of California, being more particularly described
as follows :
Commencing at the Southeast corner of said Lot 1;
THENCE South 890 50 ' 33" West, along the South line of
said Lot 1 , a distance of 28 . 00 feet to a point thereon, being
also the TRUE POINT OF BEGINNING;
THENCE continuing South 89' 50 ' 33". West, -along. -said South
line, a distance of 97. 00 feet to the Southwest corner of .the
Grantor' s parcel of land;
THENCE North 000 11 ' 44" East, along the West line of :said
Grantor' s parcel, a distance of 17. 00 feet to a point thereon;
THENCE North 89' 50 ' 33" East, along a line parallel with
and distant 17. 00 feet Northerly of, measured at right angles
to, the Southerly line of said Lot 1 , a distance of .94. 12 feet;
THENCE Northeasterly along a curve to the left, having a
radius of 20 . 00 feet, tangent to the last described course,
concave Northwesterly, through a central angle of .89° 38. ' 4911 ,
for an arc distance of 31 . 29 feet;
THENCE North 000 11 ' 44" East, along a line tangent to the
last described curve, being also a line parallel with and ..
distant 11 . 00 feet Westerly .of, ..measured at right angles to,
the Easterly line of said' Lot 1 , a distance of 183 . 12 feet, 'to
the intersection of said parallel line with the. North line of
said Grantor' s parcel;
THENCE North 890 50 ` 33" East, along -said North line, a
distance of 11 . 00 feet, to the Northeast corner of said
Grantor' s parcel;
THENCE South 000 11 ' 44" West, along the East line of
Grantor' s parcel, being also along the East line of. said
Lot 1 , a distance of 192. 00 feet, to a point thereon,. said
point bears North 000. 11 ' 44" East, measured. along- 'said East
line, a distance of 28 . 00 feet, from said' Southeast corner of .
said Lot 1;
THENCE leaving said East line South 45' 01 ' 08" West, a
distance of 39 . 71 feet to the TRUE POINT OF BEGINNING.
Contains 0 . 093 Acres (4050 . 5 square feet) .
CITY OF GRAND TERRACE
NOTICE OF HEARING.ON THE MATTER. OF THE
ADOPTION OF. A_ PROPOSED RESOLUTION OF
NECESSITY. .TO' ACQUIRE PROPERTY BY
EMINENT DOMAIN FOR A 'PUBLIC PURPOSE '
NOTICE IS HEREBY GIVEN that the City Council::of- the
City of Grand Terrace intends to undertake a' certain Project
generally described as follows:
The .construction, installation, improvement
and' acquisition of road, roadway, curb, gutter,
. .streetlight, and traffic signalization, and
including appurtenant work thereto.
NOTICE.' IS HEREBY -FURTHER GIVEN that in order to accomplish
said Project, it appears necessary to acquire certain real
property by eminent domain, said property is also described
on Exhibit "A" hereinafter called. "Subject Property" .
NOTICE IS FURTHER .GIVEN that said City Council has
received and considered a proposed Resolution of Necessity to
acquire said- "Subject Property" and that said City Council
intends to. adopt' said Resolution of Necessity.
NOTICE IS' FURTHER 'GIVEN that said City Council adopted
a ,resolution calling a public. hearing on the matter of
the adoption :of said Resolution of Necessity to acquire said.
Subject, ,Property,. pursuant to Section 1245..235 of the Code of .
Civil Procedure. .
NOTICE IS FURTHER GIVEN that said public .hearing will
be held at 'the time and place specified as follows:
TIME PLACE
6:30 p.m. City Council . Chambers
Thursday 22795 ..Barton Road
January 28,, 1988 Grand Terrace, California
NOTICE IS' FURTHER GIVEN that, at said public hearing, each
person owning or- having an interest in said Subject Property
which is proposed .to be acquired by eminent domain shall have
the right to appear and -be heard on the matters specified as
follows:
.1. That- the public interest and necessity require
said Project;.
2. That said 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. That said Subject Property sought to be acquired'
is necessary for said. Project.
NOTICE IS .FURTHER GIVEN that the failure to file a written
request: to appear and be heard at said public hearing :will
- result in a waiver of the right- to appear and be heard.
NOTICE IS FURTHER GIVEN that, for further particulars,
reference is made to the proposed Resolution of Necessity on
file with .the City Clerk and Section 1245.235 . of the Code of
Civil Procedure and sections related thereto.
DATED: January 13, 1988
City Attorney
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