01071.0017/815920.1
RESOLUTION NO. 2024-45
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. 3064-461-03
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, the “Project” for the purposes of this acquisition is the development, construction, and maintenance of a water retention basin to attenuate surface runoff during rainfall events; and
WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City of Hesperia to acquire the fee simple interest in certain privately-owned real property located North of Yucca Terrace Drive abutting the California Aqueduct in Hesperia, California 92344, APN 3064-461-03-0000 (“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 diagram attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, on or about June 18, 2024 the City made a written offer to acquire the Property to the record owners in compliance with Government Code Section 7267.2(a), and the owners of the Property have expressed interest in selling the Property but, due to title and price issues, have not conveyed the Property to the City as of the date of this Resolution; and WHEREAS, on August 30, 2024 a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the fee simple interest in certain real property identified as Assessor’s Parcel No. 3064-461-03 (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 September 17, 2024, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
1. Whether the public interest and necessity require the Project;
2. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury;
3. Whether the Property proposed to be acquired is necessary for the Project;
4. Whether an offer meeting the requirements of Government Code Section 7267.2 has been made to the owner(s) of record;
2 5. Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
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.
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 September 17, 2024 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 San Bernardino, State of California, Assessor's Parcel No. 3064-461-03-0000, described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project for construction and development of a water retention basin to address water and climate issues.
Section 4. The Project is planned in the manner which will be the most compatible with the greatest public good and the least private injury. The Property is currently vacant and undeveloped. The current topography of the Property, with its significant downward slope on part of the land, and surrounding area make it an ideal location for a water retention basin.
Additionally, the Project further minimizes adverse impacts by being built on undeveloped land rather on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Section 5. Acquisition of the Property is necessary to the Project, as the location of the Property make it an ideal location to construct a water retention basin. 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, by way of letter, dated June 18, 2024 and the owners of the Property responded and have agreed to sell the Property to the City, but the real property transaction cannot be completed without a court declaring clean title on the Property.
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 3 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 17th day of September, 2024.
________________________________
Larry Bird, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
4 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. _________________________ was adopted by the City Council of the City of Hesperia at a regular meeting held on the __ day of _____, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MELINDA SAYRE
CITY CLERK
5 EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HESPERIA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ¼ CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ¼ SOUTH 89° 51' 40" WEST, 2639.59 FEET TO THE WESTERLY LINE OF SAID NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 1323.45 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 52' 12" EAST, 1321.76 FEET TO THE EASTERLY LINE OF SAID SOUTHWEST ¼; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 43' 44" EAST, 1195.49 FEET; THENCE NORTH 60° 19' 53" WEST 254.22 FEET; THENCE NORTH 44° 50' 07" WEST, 794.29 FEET; THENCE NORTH 55° 02' 01" WEST, 410.04 FEET; THENCE SOUTH 34° 57' 59" WEST, 369.76 FEET TO SAID WESTERLY LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 571.40 FEET TO THE TRUE POINT OF BEGINNING.
APN: 3064-461-03-0-000
6 EXHIBIT “B”
PLAT MAP
7 EXHIBIT “C”
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
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