RESOLUTION NO. 2022-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF THE FEE SIMPLE INTEREST IN REAL PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 0398-251-30-0000 WHEREAS, for the public purposes set forth herein, the City of Hesperia, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 37361 of the California Government Code; and WHEREAS, for over ten years, the City of Hesperia has leased and used the vacant property located at Buckthorn Avenue, north of and adjacent to the Hesperia Country Club and Golf Course in Hesperia, California, Assessor Parcel Number 0398-251-30-0000 (“Property”); and WHEREAS, the City of Hesperia has used the Property throughout the course of the lease as a driving range for the benefit of the public for those patrons of the Hesperia Country Club and Golf Course, which is open to the public; and WHEREAS, the Property is sought for the purpose of continuing the operation of a driving range as part of the Hesperia Country Club and Golf Course, in addition to facilitating construction of public walking paths (“Project”); and WHEREAS, in order to carry out the principal purpose of the Project and continue use of the Property as a driving range for golf recreation, it is necessary for the City of Hesperia to acquire the fee simple interest in the Property; and WHEREAS, the Property the City seeks to acquire is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the map attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, on or about December 24, 2021, the City made a written offer to acquire the Property to the record owner at an amount that was not less than the appraised fair market value, in compliance with Government Code Section 7267.2(a), and the owner of the Property has not accepted said offer or otherwise conveyed the Property to the City as of the date of this Resolution; and WHEREAS, on December 1, 2022, a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the Property identified as Assessor’s Parcel No. 0398-251-30-0000 (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the Property, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing that was the subject of said Notice of Hearing was held on December 20, 2022, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is injury; (c) Whether the Property proposed to be acquired is necessary for the Project; (d) Whether an offer meeting the requirements of Government Code Section 7267.2 has been made to the owner or owners of record; (e) Whether all other prerequisites for the exercise of eminent domain to acquire the Property have been met; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the Property for the stated purposes; and NOW THEREFORE, BE IT RESOLVED, that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the December 20, 2022 hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report, and specifically the recitals above, are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The Property to be acquired is located within the City of Hesperia, County of Riverside, State of California, Assessor's Parcel No. 0398-251-30-0000, described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project. The Project consists of an existing public driving range to be used as part of the Hesperia Country Club and Golf Course. The Hesperia Country Club and Golf Course is owned by the City and open to the public for its use and enjoyment. Furthermore, the Project will include the expansion and preservation of open space for City park facilities, such as walking paths.
Section 4. The Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury. The Property currently exists as part of the public driving range, so no additional private property located elsewhere is required for said driving range. Additionally, the Project further minimizes adverse impacts on public views, public access, and recreation by being built on vacant, undeveloped land rather on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts. Properties adjacent to the Hesperia Country Club and Golf Course are already developed with single family residences or contain steep slopes.
Section 5. The acquisition of the Property is necessary for the Project, as the public driving range cannot exist without the Property and will promote and facilitate golf recreation for public benefit. As already stated, other potential locations for the Project are technically infeasible or have greater adverse impacts. In other words, without the Property, the Project cannot be constructed. Acquisition of the Property is expressly authorized by Section 19 of Article 1 of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, and 37361.
Section 6. The offer required by Government Code Section 7267.2 has been made to the owners of record of the Property, on or about December 24, 2021, and the owners of record of the Property have not accepted the City’s offer or made an acceptable counter offer.
Section 7. The City hereby declares its intent to acquire the Property described in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Property described herein and the Project have been complied with by the City.
Section 8. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 20th day of December 2022. ________________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, MELINDA SAYRE, City Clerk of the City of Hesperia, California, do hereby certify that Resolution No. 2022-__ was adopted by the City Council of the City of Hesperia at a regular meeting held on the 20th day of December, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MELINDA SAYRE
CITY CLERK
EXHIBIT “A”
Legal Description
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
PARCEL "F" OF CERTIFICATE OF COMPLIANCE NO. MA10-10104 RECORDED APRIL 22, 2010 AS INSTRUMENT NO. 2010-156015 AND MAY 4, 2010 AS INSTRUMENT NO. 2010-174914 OF BOTH OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7601, IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 79, PAGE(S) 99 AND 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF PARCEL 3 OF PARCEL MAP NO. 3585, IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 33, PAGE 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A HALF INCH IN DIAMETER IRON PIPE TAGGED RCE 6820 AND SAID PIPE BEING THE MOST NORTHERLY CORNER OF SAID PARCEL 1 AND AN ANGLE POINT BETWEEN THE NORTHWESTERLY AND NORTHEASTERLY LINES OF SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 79° 44' 54" EAST 630.98 FEET ALONG SAID NORTHEASTERLY LINE; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 10° 15' 06" WEST 217.29 FEET; THENCE SOUTH 87° 57' 54" WEST 37.66 FEET;
THENCE SOUTH 33° 54'07" WEST 152.34 FEET;
THENCE NORTH 79° 44' 54" WEST 404.48 FEET;
THENCE SOUTH 64° 50* 00" WEST 685.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE NORTH 56° 22' 32" WEST 163.69 FEET ALONG SAID SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 64° 58* 39" WEST 45.67 FEET TO A POINT ON SAID SOUTHERLY LINE; THENCE ALONG THE BOUNDARIES OF SAID PARCEL 1, SOUTH 28°26' 57" WEST A DISTANCE OF 300.91 FEET TO AN ANGLE POINT ON SAID SOUTHERLY LINE; THENCE NORTH 76° 19' 22" WEST 446.38 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 16° 49' 33" WEST ALONG THE WEST LINE OF SAID PARCEL 1 A DISTANCE OF 169.87 FEET MORE OR LESS TO A ONE INCH IN DIAMETER IRON PIPE TAGGED LS 3980 BEING THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 73°09' 52" EAST 269.66 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 TO A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 529.92 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 19' 51", AN ARC DISTANCE OF 77.05 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 64° 50' 00" EAST A DISTANCE OF 1058.67 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 531.82 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 12" 49", AN ARC DISTANCE OF 85.52 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS, AND MINERALS, LYING AND BEING MORE THAN 200 FEET BELOW THE RESPECTIVE PRESENT SURFACE ELEVATIONS OF THE ABOVE DESCRIBED PROPERTY, PROVIDED, HOWEVER, THAT SUCH EXCEPTED OWNERSHIP OF SUCH 1/2 INTEREST IN AND TO SUCH OIL, GAS, AND MINERALS DOES NOT INCLUDE, AND SHALL NOT BE CONSTRUED TO INCLUDE, ANY RIGHT OF ENTRY UPON ANY PART OF THE SURFACE OF THE HEREIN DESCRIBED PROPERTY FOR THE PURPOSE OF EXPLORATION, DEVELOPMENT, DRILLING, STORAGE, OR OTHER ACTIVITY ANCILLARY TO THE REMOVAL OF SUCH OIL, GAS, OR MINERALS, AS EXCEPTED IN THAT CERTAIN DEED FROM THE APPLETON LAND, WATER AND POWER COMPANY, TO N. K. MENDELSOHN, ET AL., RECORDED JUNE 11, 1954 IN BOOK 3400, PAGE 409 OF OFFICIAL RECORDS.
APN: 0398-251-30
EXHIBIT “B”
Plat Map
EXHIBIT “C”
Notice of Intent to Adopt a Resolution of Necessity
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