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HomeMy WebLinkAbout01-239 - Resolutions RESOLUTION NO. 01-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DAY CREEK BOULEVARD, ET AL. IMPROVEMENTS PROJECT THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: SECTION 1. The City of Rancho Cucamonga is a municipal body, corporate and politic, in the County of San Bernardino, State of California. SECTION 2. The property hereinafter described is to be taken for a public use, namely for street purposes and park purposes and all uses necessary and convenient thereto in connection with the proposed Day Creek Boulevard, et al. Improvements Project (the "Project") pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610 and 1240.650, and other provisions of law. SECTION 3. The property to be taken is part of the larger parcels commonly known as 12260 Highland Avenue and 12250 Summit Avenue and fee title to the parcel commonly known as 12374 Summit Avenue, identified respectively as Assessor's Parcel Numbers 0225-161-45 and 0225-101-34, and 0225-101-42. The portions of the parcels identified as Assessor's Parcel Numbers 0225-161-45 and 0225-101-34 are sought to be acquired for permanent roadway easements for the planned construction of Day Creek Boulevard and a secondary residential access road and for temporary construction easements. The proposed Project would also require fee title to the parcel identified as Assessor's Parcel Number 0225-101-42 for park purposes. The legal description of the part of the larger parcel sought to be acquired and identified as Assessor's Parcel Number No. 0225- 161-45 is attached hereto as Exhibit "A" and depicted on the sketch attached as Exhibit "A-1" and the legal description of the temporary construction easement is attached hereto as Exhibit"B" and depicted on the sketch attached as Exhibit "B-1." The legal Resolution No. 01-239 Page 2 of 15 description of the part of the larger parcel sought to be acquired and identified as Assessor's Parcel Number No. 0225-101-34 is attached hereto as Exhibit "C" and depicted on the map attached as Exhibit "C-1" and the legal description of the temporary construction easement is attached hereto as Exhibit "D" and depicted on Exhibit "D-1." The legal description of the parcel sought to be acquired in fee and identified as Assessor's Parcel Number 0225-101-42 is attached hereto as Exhibit "E" and depicted on the sketch attached as Exhibit "E-1." Said legal descriptions and sketches are incorporated herein by this reference SECTION 4. The proposed Project is consistent with the City's General Plan and the Etiwanda North Specific Plan. The proposed Project will improve Day Creek Boulevard, create needed secondary residential streets and create a park to serve this area of the City of Rancho Cucamonga. It will further the public health and safety by ensuring adequate streets and adequate traffic circulation in the area. Recent and proposed development in the vicinity of the proposed Project makes the construction of the proposed Project necessary. SECTION 5. The potential environmental impacts of the proposed Project were studied and analyzed as an integral part of the approval by the City Council pursuant to Resolution No. 00-161 of the Addendum to the Environmental Impact Report and Supplemental Environmental Impact Report ("the Addendum") prepared by the City in connection with Tentative Tract Maps Nos. 14493 through 14498, 14522, 14523, 15838, and 15902 and the refinements to these Tentative Tract Maps as set forth in Development Agreement 00-02. The Environmental Impact Report ("EIR") and Supplemental Environmental Impact Report ("SEIR") in connection with Tentative Tract Maps Nos. 14493 through 14498, 14522, 14523, 15838, and 15902 were previously certified by the County of San Bernardino. In accordance with the California Environmental Quality Act ("CEQA"), including Public Resources Code Section 21000, et seq. and CEQA Guidelines Section 15096 and 15164, the City prepared the Addendum to address the refinements to the Tentative Tract Maps. The City Council in adopting Resolution No. 00-161 at its meeting of August 16, 2000, affirmed the EIR and SEIR as certified by the County and as augmented by the Addendum prepared by the City as legally sufficient. The City Council found that based on the facts and evidence, the Resolution No. 01-239 Page 3 of 15 Addendum was the adequate further environmental analysis that is required as authorized by Section 21166 of the Public Resources Code and section 15162 of the Guidelines and that the Addendum was completed in compliance with CEQA. The City further found that the EIR, SEIR and Addendum collectively reflect the City Council's independent judgment and analysis. The City Council pursuant to the requirements of section 15096(h) of the Guidelines, made the required findings under CEQA, including those required by Section 15091 of the Guidelines. The City caused a notice of determination required by Section 15094 and Section 15096(i) of the Guidelines to be filed as required by law. In connection with the adoption of the facts, findings and statement of overriding considerations, the City Council incorporated the mitigation measures recommended in the EIR and SEIR. All of the environmental documentation prepared in connection with Planning Commission Resolution No. 00-73, City Council Resolution 00-161, Ordinance 631, the EIR, SEIR, Addendum, Staff Report dated July 26, 2000 and Development Agreement 00- 02, and notice of determination has been reviewed by City staff in connection with the proposed Amendment to the Development Agreement 00-02 on September 26, 2001, and staff determined that pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment was exempt from further CEQA clearance. Further, staff again reviewed all of the environmental documentation during the week of October 8, 2001,in connection with the proposed Resolution of Necessity and pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the proposed Project and no new information of substantial importance has been obtained that would require further environmental analysis. These environmental findings are also the appropriate findings with regard to the proposed acquisition of the subject property identified above. SECTION 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described on Exhibits "A" through "E" attached hereto is necessary for the proposed project; and Resolution No. 01-239 Page 4 of 15 D. The offer required by Section 7267.2 of the Government Code was made to the owners of record. SECTION 7. The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. SECTION 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on October 17, 2001, which includes the Staff Report and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. SECTION 9. The City of Rancho Cucamonga hereby authorizes and directs the City Attorney to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" through "E" attached hereto. SECTION 10. This Resolution shall take effect upon adoption. PASSED, APPROVED, AND ADOPTED this 17`h day of October 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None —Z c _ 4iam J. Alexa er, Mayor Resolution No. 01-239 Page 5 of 15 ATTEST: Ja J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 17`h day of October 2001. Executed this 18`h day of October 2001, at Rancho Cucamonga, California. D ra J. Adam MC, City Clerk Resolution No. 01-239 Page 6 of 15 EXHIBIT "A" PARCEL A: LEGAL DESCRIPTION -PERMANENT ROADWAY EASEMENT THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE NORTH 89026'17'WEST,ALONG THE SOUTH UNE OF SAID NORTH HALF, 102.00 FEET; THENCE NORTH 00'02'19' EAST, ALONG A UNE 10200 FEET WESTERLY AND PARALLEL WITH THE EASTERLY UNE OF SAID NORTH HALF, 32.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 261.33 FEET; THENCE, LEAVING SAID PARALLEL UNE, NORTHERLY ALONG SAID CURVE, 41.11 FEET THROUGH A CENTRAL ANGLE OF 09'00.45• TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 143.67 FEET A RADIAL TO SAID POINT BEARS SOUTH 81001'34'WEST;THENCE NORTHERLY,ALONG SAID CURVE,22.60 FEET THROUGH A CENTRAL ANGLE OF 09°00'45' TO A POINT ON A UNE 107.00 FEET WESTERLY AND PARALLEL.WITH7RE EASTERLY LINE OF SAID NORTH HALF;THENCE NORTH 00°02'19'EAST,ALONG SAID PARALLEL LINE,96.56 FEET TO THE BEGINNING OF A . TANGENT CURVE CQNCAVE,EASTERLY HAVING A RADIUS OF 99.50:°.EEET;.THENCE NORTHERLY, ALONG SAID CURVE,6.03 FEET THROUGH A CENtM ANGLE OF 03°28'18';THENCENQRTH:44^29'14r WEST, 128.54 FEET TO A POINT ON A LINE140.00 FEET SOUTHERLY AND PARALLEL WITH THF,.NORTnbNE OF SAID NORTH HALF, SAID'.. PARALLEL UNE ALSO BEING:THE SOUTHERLY LINE OF THAT CERTAIN AARC49- OF LAND CONVEYED TO THE METROPOLITAN WATERAASTRICT.OF SOUTHERN CALIFORNIA BY OEEW.-RfCORDED:IN 800K 7266, PAGE 71 T; OFFICIAL RECORDS Q S}�IDI.OUNTY; THENCE SOUTH 89'25'52' FAST ALONG SAID PARALLEL LINE, 196.96: FEET TO A POINT ON TFIE'EAST UNE OF SAID NORTH HALF;THENCESOUTH'p0'02:19'WEST,ALONG SAID EAST' UNE,289.67 FEET TO THE:POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.80 ACRES PARCEL B: THAT PORTON OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE SOUTH 00°0421'WEST, ALONG THE WESTERLY LINE OF SAID NORTH HALF, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 0000421' WEST, 169.74 FEET; THENCE LEAVING SAID WESTERLY LINE,SOUTH 89°5639'EAST,49.00 FEET TO A POINT ON A LINE 49.00 FEET EASTERLY AND PARALLEL WITH SAID WESTERLY UNE; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00°0421' EAST, 50.00 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 38'35'15'WEST, 25.61 FEET TO A POINT ON A LINE 33.00 FEET EASTERLY AND PARALLEL WITH SAID WESTERLY LINE;THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00'0421' EAST, 82.25 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 54°55'39'EAST, 29.53 FEET, TO A POINT ON A LINE 40.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF, SAID PARALLEL LINE ALSO BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED IN BOOK 7266, PAGE 711, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89°25'52'WEST, ALONG SAID PARALLEL LINE 57.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.16 ACRES SEE EXHIBIT"A-1", SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF. �aSto LANDSU� PREPARED IN THE OF OFALLARD ENGI EE NG �p PK W99 �o F 9 R WARE,PLS 5820 D E EXP.66/30/04 5820 *, Exp.l EXHA UNIV_E1 �P �OFr�11FOQ Resolution No. 01-239 Page 7 of 15 EXHIBIT 'A-1' SKETCH TO AccOA1PANY LEGAL DESCRIPTION PERMANENT ROADWAY EASEMENT PARCEL '8' AREA SCALE: 1'=100' APPROX. 0.16 ACRES NORTH LINE OF THE N 1�2, I NE 1/4, NW 1/4, SW 1/4, FUTURE rt OF e _. cEC. 29 i.. .� 'DAY CREEK BLVD. N89'25'S4/,�� c 57.50•.• x -FUTURE % OF BANYAN AVE. PER BK. 7266,-PG., _.. . 89'25'S2'E 19 .98' :29:53':' N 4.21'E N 1/2, NE 114; NW 114 P .* 62.25' SW 1/4, 'SEC.,. Yom� Nse3s'1s�r BP9C29.61' TIN, R6W, S B. .M. m° . z3 y bqOm W 9 ON Q04'21'E /ivm 07 ID � SOUTH LINE OF THE N 1/2 b a c NE 1/4, NW 1/4, SW 1/4,. a n 49m W. SEC. 29 Z ?\N WEST9UNE OF. THEN 1/2, S8Y0A-S' s i A NE 1/4, NW 1/4, SW 1/4, PRC =N SEC. 29 - NOO'0Y19'E 32.90' v���llll I 10200' 0 O © INSW28'17V P,Og 0=09'OO'45' 0=09`00'45' O-0.X28'18' I I R-261.33' R=143.67 R-99.50' I L-41.11' L=22.60' L=6.03' I 1 L0 OS PARCEL 'A' AREA �5 6KWq < APPROX. 0.80 ACRES 5820 Exp. 1F FOFcnuEo" Resolution No. 01-239 Page 8 of 15 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE NORTH 89'26'17' WEST, ALONG THE SOUTH UNE OF SAID NORTH HALF, 102.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 89'26'17-WEST, ALONG SAID SOUTH UNE, 15.20 FEET.- THENCE EET;THENCE NORTH 00023'23'EAST, 32.76 FEET;THENCE NORTH D428'03'WEST,63.64 FEET;THENCE NORTH 00'02'19'EAST,96.56 FEET;THENCE NORTH 44'29'10'WEST, 115.93 FEET;THENCE NORTH 89'265Y WEST, 407.89 FEET; THENCE SOUTH 0(r0421"-WEST. 78.97 FEET; THENCE SOUTH 38°35'15'EAST x7.61 FEET;THENCE SOUTH 0000CM WEST,70.26 FEET,THENCE NORTH 89055'39•' WEST;45.00 FEET,THENCE SOUTH 08'02'14' EAST�'166t32 FEET TO A POINT ON THE SOUTHERLY- UNEOF,';AID'NORTH HALF;THENCE NORTH 89'26'17F WEST>A&-ONG SAID SOUTHERLY LINE;30"x.'00? FEET;TQ_THE SOUTHWEST CORNER OF SA10--NOTRTH'HALF; THENCE NORTH 00'04'21!i-EAST; ALONG_�SAID_VXSTERLY UNE, 120.01 FEET; THQgQ t, -JEAVING SAID WESTERLY UNE.SOUAt 89.95'39':EAST,49.00 FEET TO A POINT ON A UNE40:007EET EASTERLY AND PARALLEL TO.SAO WESTER�Y UNE; THENCE NORTH 00.04.21' EAST, ALONG SAID PARALLEL UNE,-50A0 FEET; THENCE NORTH 3885'15'WEST, 25.61 FEET TO XPOINT.ON'A UNE 33.00 FEET EASTERLY AND PARALLEL WITH SAID WESTERLY UNE; THENCE-NORTH-00'0421- EAST, ALONG SAID PARALLEL LINE, 82.25 FEET THENCE NORTH 54.5539'-EAST,.29.53 FEETTO A POINT ON A LINE 40.00 FEET - SOUTHERLY AND PARALLEL WITH THE NORTH LINE.OF SAID NORTH HALF, SAID POINT ALSO BEGIN ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO THE METROPOLITAN - WATER DISTRICT PER BOOK 7266, PAGE 711 OF OFFICIAL RECORDS; THENCE SOUTH 8925'5Y .. . EAST,ALONG SAID.PARALLEL UNE,403.82 FEET;THENCE SOUTH 4429'10'EAST, 128.54 FEET; TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 99.50 FEET,A RADIAL LINE TO SAID POINT BEARS NORTH 862922'WEST;THENCE SOUTHERLY ALONG SAID CURVE 6.03 FEET,THROUGH A CENTRAL ANGLE OF 032819'TO A.POINT ON A LINE 107.00 FEET WESTERLY AND PARALLEL WITH THE EAST LINE OF SAID NORTH HALF; THENCE SOUTH 00°02'19' WEST, ALONG SAID PARALLEL LINE, 96.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 143.67 FEET, THENCE SOUTHERLY, ALONG SAID CURVE 22.60 FEET THROUGH A CENTRAL ANGLE OF 09°00'45' TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 261.33 FEET; A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 81'01'34' WEST; THENCE SOUTHERLY, ALONG SAID CURVE, 41.11 FEET THROUGH A CENTRAL ANGLE OF 09'00'45'TO A POINT ON A LINE 102.00 FEET WESTERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID NORTH HALF; THENCE SOUTH 00°02'19' WEST, ALONG SAID PARALLEL LINE,3290 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.45 ACRES SEE EXHIBIT "B-1", SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED IN THE OFFICES OF ALLARD ENGINEERING tD LANDS � _ o Jp F s, MARK WARE,PL 20 DATE L 5820 EXP. 06/30/04 Exp.r;( * EXHA_UNIV_E2 N�9TP 0F C ALIF OQ��Q Resolution No. 01-239 Page 9 of 15 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT °B-1° SKETCH TO ACCOMPANY LEGAL DESCRIPTION NORTH UNE OF THE p N 1/2, NE 1/4, NW 1/4, BIW - SW 1/4, SEC_ 29 a S:ALF- l'=100' s. UNE M.W.D., iFUTUetFi.(.t F v RIGHT-OF-WA 'fBANYAN WE .. 1 S89'25'521'E,k03,82' 9'25'S2.V 1 _95 2 N89'Z6.:52'W:: 407:89' 1• 500'8.97 lj� !O.• a . w� S I CX). W Z 3 17.51' 4 1v N00'02'19'E 9656' 5 N 1/2, NE 1/4, NW 1/4, mba SW 114, SEC. .29, �a 89'S5'39�/Y TIN, R5W, S.B.B.M. B1_ 14y gr 49•� SOUTH UNE OF THE N04'28'03'W 63.64' ARC (' ) - o . 0 '14'E N1/2. ,NE 1/29 1/4. 106J - IOZ. a N00'23'23'E 32.76' 02 9v N89-2¢'17*W 702.00'90 30.00 N89'26'17 W 1510' N89'26'17 W T.PA.B. WEST UNE OF THE ' N 1/2, NE 1/4, NW 1/4, CURVE J)ATA SW 1/4, SEC. 29 Q D=o9'Do'45' UNE DATA R=261.33' LAND 8'E 'E Jti`�S�pRKWg9 c L=41.1N529.53' O N01 50.00' 1' O ® D=09'00'45' 2O NOO-04.21-ESO SBT55-39-E �5ezap R=143.67' O 8225' 49.00' L=22.60' 3 N38'35'15'W * * © 0=03'28'19' 25.61' R=99.50' . F OF CAUOQ L=6.03' AREA APPROX. 0.45 ACRES Resolution No. 01-239 Page 10 of 15 EXHIBIT "C" LEGAL DESCRIPTION -PERMANENT ROADWAY EASEMENT PARCEL"A" THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE SOUTH OD'7T31' EAST, ALONG THE EAST LINE OF SAID SOUTH HALF, 29203 FEET TO A POINT ON A LINE 40.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTH HALF, SAID PARALLEL LINE ALSO BEING THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED IN BOOK 7260, PAGE 311, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89025'52' WEST, ALONG SAID PARALLEL LINE, 136.32 FEET; THENCE, LEAVING SAID PARALLEL LINE, NORTH 94°27140'EAST, 34.65 FEET TO A POINT ON A UNE 108.00 FEET WESTERLY AND PARALLEL WITH THE EASTERL'YINE OF SAID SOUTH HALF; THENCE NORTH 0001731' WEST,-:ALONG SAID PARALLEL LIW14Z61;FEET TO THE BEGINNING OF A TANGENT CURVECONCAVE ZO:THE SOUTHEAST HAVING ARADlUS�08...87,00 FEET; THENCE LEAVING SAID PARALLEL,LINE, NORTHERLY ALONG SAID CURVE 2921_-fEETvTHA.QUGH A CENTRAL ANGLE OF 14'02'11';':THENCE'NORTFI 93.44'40' EAST 5.04 FEET:T05.TMetBFGINNING OF A TANGENT CURVE CONCAVE TO-.THE NORTHWEST HAVING A RADIUS OF=73;W :FEET;,.THENCE NORTHERLY ALONG SAID CURVE 17,88 FEET THROUGH A CENTRAL ANGLE OF'14.9o221fA:FT-O.P©INT ON A '.LINE 102.00 FEET WESTERLY AND PARALLEL WTWTHE EASTERLY LINE OF SAID SOUTH HALF;`t+IENCE NORTH W 1T31-WEST.ALONG SAID PARALLEL LINE 85.22 FEET TO A POINT ONITME NOR-7H,L1NE OF SAID SOUTH HALF; THENCESOUTH 89025'38* EAST. ALONG SAID NORTH LINE,z1D2.01kFEET-TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.72 ACRES PARCEL"S THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF; THENCE NORTH 00°20'45' WEST, ALONG THE WESTERLY UNE OF SAID SOUTH HALF, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 0020'45' WEST, 18256 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 8925'52' EAST, 50.12 FEET; THENCE SOUTH 00°34'08' WEST, 50.00 FEET; THENCE SOUTH 44.39'10'WEST,23.08 FEET, TO A POINT ON A UNE 33.00 FEET EASTERLY AND PARALLEL WITH SAID WESTERLY UNE;THENCE SOUTH 002045'EAST ALONG SAID PARALLEL UNE 99.35 FEET;THENCE LEAVING SAID PARALLEL LINE SOUTH 54'43'48'EAST,29.19 FEET TO A POINT ON A UNE 40.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTH HALF, SAID PARALLEL LINE ALSO BEING THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED IN BOOK 7260, PAGE 311, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89'25'52' WEST, ALONG SAID PARALLEL LINE,56.74'TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.17 ACRES SEE EXHIBIT"C-1", SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS REFERENCE MADE A PART HEREOF. �aSEU LANOSU � PREPARED IN THE OFFICE LLARD ENGINEERING �2PRI(WggF p ° 5820 MARK ARE PLS 5620 DA7E I EXP.D6/30/04 Exp,I.I I \r EXHA_UNN_E3_ 9lFOF r ni Iffj$ Resolution No. 01-239 Page 11 of 15 EXHIBIT ';C-1" SKETCH TO ACCOMPANY LEGAL DESCRIPTION PERMANENT ROADWAY EASEMENT PARCEL "B' AREA PARCEL A" AREA SCALE: 1"=100' I APPROX. 0.17 ACRES APPROX. 0.72 ACRES I. NORTH. LINE OF THE S 1/2, I I SE.1/4; SW 1/4, NW 1/4. 1589' '38'E1 .SEC.' 29;, Ol' WEST .;�F/2, SE 1/4,_SW•11f4.'.NW 1/4, `n 2 SEC. 29 - - iib. •10 0 ,S 11.2 `S 114, SW 114, �.. z, N 'N\ .N1N 1'/A, SEC. 29 SO(" 08"w TIN, R*O' W. S.B.B.M. ,.-,T mNZ 50.00' / PARCEL A w W J n n a 500'2p'45'E b� 1 8. ,0 99.35 c o z H 7pe°w :? 4 N54'27'44'E • a a 34.65' vUWi -- ---o ----------- ------ 6.74 M.W.D. PER BK. 7260, 136.32 N89'25'52-W PC. 311, O.R. N89'25' 'W of RE q OF BANYAN AVE 0 a (� SOUTH,LINE OF THE S 1 2 —�\ � 1 I SE 1/4, SW 1/4, NW 1f4, SEC. 29 \\ 5 aam . I \ 4 CURVE DATA LINE DATA `�FaSEPRK Iy OI R=87.00'11' 0 5.04' 0 ' ao'E �c L=21.31 O S89'25'52'E. y 620 �h O D=14'02'11 50.12 R=73.00' 3 S44'39'tOVI * Exp.11iaiif * L=17.88' O 23.08' r Q OS54'43'48'E 29.19' FOP CALIfOP Resolution No. 01-239 Page 12 of 15 EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B.M., CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE SOUTH 89'25'38' EAST,ALONG THE NORTHERLY LINE OF SAID SOUTH HALF,20.00 FEET;THENCE LEAVING SAID NORTHERLY LINE, SOUTH 03'3455'-EAST, 91.52 FEET; THENCE SOUTH 89°25'52' EAST. 45.41 FEET; THENCE SOUTH 00°34'08' WEST, 67.76 FEET, THENCE SOUTH 44'39'10' WEST, 37.18 FEET;THENCE SOUTH 00'20'45'EAST, 84.81 FEET;THENCE SOUTH 54'43'4$' EAST, 19.21 FEET; THENCE NORTH 89.31'03' EAST, 466.41 FEET; THENCE NORTH,W46'36'!EAST, 21.67 FEET,- THENCE EET;THENCE NORTH 00'1731' WEST, 132.08 FEET TO THE BEGINNtNG.:OF A,TANGENT CURVE CONCAVE TO.THE.:SOUTH EAST HAVING A RADIUS OF 100,00: FEER�:THENCE NORTHERLY ALONG SAID.,CURVEr,24.50 FEET.THROUGH A CENTRAL ANGLE OE.149Y11 THENCE NORTH 13'44'40' EAST: .5.04' FEET:TO, THE BEGINNING OF"A" TAMGEKi.:CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 60.00 FEET;THENCE NORTHERLY ALONG SAID CURVE 14.70 FEET THROUGH.A CENTRAL ANGLE OF 14°02'11'; THENCENORTFi00't731'WEST, 85.41' TO A POINT ON THE:NORTHERLY LINE OF SAID SOUTH HALF;-LHENCE'S©UT.H 89'25'38' EAST, ALONG SAID:NORTH-UNE, 13.00 FEET TO A POINT ON-A LINF+vzoo-,FEET WEST OF AND PARALLEL WITH THE EAST UNE OF SAID SOUTH HALF;THENCESOUTH:00'4T1'3Y EAST,ALONG SAID PARALLEL LINE,85.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 73.00 FEET; THENCE, LEAVING SAID PARALLEL LINE, SOUTHERLY ALONG SAID CURVE 17.88 FEET; THROUGH A CENTRAL ANGLE OF 14.02'11% . THENCE SOUTH 13'44'40' WEST, 5.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 87.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE 21.31 FEET THROUGH A CENTRAL ANGLE OF 14002'11' TO A POINT.ON A LINE 108.00 FEET WESTERLY AND PARALLEL WITH THE EASTERLY UNE OF SAID SOUTH HALF: THENCE SOUTH 00.1731'EAST,ALONG SAID PARALLEL LINE 142.61 FEET; THENCE, LEAVING SAID PARALLEL LINE SOUTH 6402744' WEST. 34.65 FEET TO A POINT ON A UNE 40.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF THE SAID SOUTH HALF, SAID PARALLEL UNE ALSO BEING THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS DISCLOSED BY DEED RECORDED IN BOOK 7260, PAGE 311;OFFICIAL RECORDS OF SAID COUNTY;THENCE NORTH 89'25'52'WEST,ALONG SAID PARALLEL LINE 464.89 FEET;THENCE, LEAVING SAID PARALLEL LINE, NORTH 54'43'48'WEST, 29.19 FEET TO A POINT ON A LINE 33.00 FEET EASTERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTH HALF;THENCE NORTH 00'20'45'WEST, ALONG SAID PARALLEL LINE 99.35 FEET;THENCE NORTH 44.39'10'EAST, 23.08 FEET;THENCE NORTH 00'34'08'EAST,50.00 FEET;THENCE NORTH 890255Y WEST,50.12 FEET TO A POINT ON THE WESTERLY LINE OF SAID SOUTH HALF; THENCE NORTH 00'20'45' WEST, ALONG SAID WESTERLY LINE,109.52 FEET TO THE POINT OF BEGINNING; CONTAINING APPROXIMATELY 0.33 ACRES SEE EXHIBIT"D4", SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED IN THE OFFICES OF ALLARD ENGINEERING RK Wq9 o F s _ 5820 MARK WARE DATE Exp.tp EXP.06130/04 9lF 2� 0 CALIFS EXHA UNIV_E4 Resolution No. 01-239 Page 13 of 15 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT °D-1' SKETCH TO ACCOMPANY LEGAL DESCRIPTION NORTH UNE OF THE S 1/2, SE 1/4. I P.0.8. SW 1/4, NW 1/4, SEC. 29 S89'25'38 20.00 ' S89"25'38'E 13.0 1 w 589'25'38"E 556.21' �N 00'. 7'31" N00'17'31'W' 22' 152E85.41' 10 00' N 45.41' 9 1/2 SE. 1./4 , SW. 1/4. T ? - 50034'081Y NW 1/4 5>'G. 29 °w13•44'4 "E T1N, R6 0=1 rR:. N89'25'S2111 �� T N y Q=7902' w 4 " 1 =5 R=T0Oi00. 0.00' 1,� .L..: 21 :50. 23. B,. WEST UNE OF THE S 1/2;':SE :tY'` of •�"- i1 20,a_�Al ._! '.6W:1/4, NW 1/4. SEC. 24. 9 . 5- 'S00'20'AS'E . . - N50.'.46.3 'Ei:1 "f 6800' Hz ? 84.81' 21.67¢ _ N54'43'4 ,W - N89'31.03'E 466.471' ` ---- N8725'52"W 464.89" 34.65' -- `- M.W.D. PER BK. 7260, PC. 311, O.R. SW27 'W FUTURE € OF. BANYAN AVE. - SOUTH LINE OF THE S 1/2. SE 1/4, 1 SW 1/4, NW 1/4. SEC. 29 FUTURE OF DAY CREEK BLVD. CURVE DATA LINE DATA D-14.02'11' O S1 344'40V SCALE: 1'=100' O R=87.00' 5.04' L=21.31' D=14'02'11" 2 S54'43'48"E OR=73.00' 19.21' L=17.88' 0=14'02'11' ,RK Wq o 3O R=60.00' L=14.70' 1 820 .' Exp. * AREA �r APPROX. 0.33 ACRES 9TFOF C AL f,$ Resolution No. 01-239 Page 14 of 15 EXHIBIT "E" LEGAL DESCRIPTION -FOR PARK PURPOSES THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 ONGA, COUNTY OF SAN BERNARD OGSTATE OF CALIFORNIA, MORE PARTICULAE 6 WEST, S.B.B.M.. CITY OF RANCHO RLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 00•1417- WEST, ALONG THE EAST LINE OF SAID SOUTH HALF 40.00 FEET TO A POINT ON A UNE 40.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTH HALF; THENCE NORTH 89°25'52' WEST, ALONG,SAID PARALLEL LINE, 55.98' TO THE POI _ TRLIENT.OF BEGINNING;THENCE CONTINUINGTIOAtH 89'25'52"WEST,ALONG SAID P.ARA11EL LINE, 271.93 FEET;THENCE LEAVING _'4J6 P*RALLEL UNE. NORTH 00"1T31" MST. ALOWG THE EASTERLY LINE OF Tf1E,WES�I�GY:330.00 FEET OF SAID SOUTH: f{AI P, 292:01 FEET ALONG THE EASTERLY L.II�E 1')F=TM.WESTERLY 330.00 FEET OF SAq'O SOUTH HALF TO A POINT ON THE NO1tTk�E�tiY:LINE OF SAID SOUTH HALF 'tHENCE"SL.UTH 89'25'38' EAST, ALONG SAIQ.N'dj;a'HF3�LY LINE. 276.31 FEET TO'k POIAT 5#;67.FEET WESTERLY OF THE NORTH . -CORNER OF SAID SOUTH HALF, TRt1E TFIE�ICE SOTJTH 00°34'08'WEST,291.96-F E- POINT OF BEGINNING: 'CONTAININGAPPROXIMATELY 1.84 ACRES .gam EXHIBIT "E-10, SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THI6 REFERENCE MADE A PART HEREOF. K Wq9 o F 9 PREPARED IN THE OFFICES OF ALLARD ENGINEERING * 5820 m Exp.�[ C OFCALIf� MARK WARE.PLS0820 A EXP.06/30/00 EXHA UNIV_E5 Resolution No. 01-239 Page 15 of 15 EXHIBIT "E-1" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARK PURPOSES I I N 112, SW; l;%4; - 1 BE 1 /4, NYS 7/4;. 1 I SEC. 2,9 I IW N'LY UNE OF THE 5f.878 WN S 1/2, SW 1/4, SE 1/4, S89'25'38;E I I \\ NW, 1/4 6. I WNL S 1 /2, SNI 1 /4, M m. BE 1 /4, NNl 1 /4, n I 5E ' ] /4, 5E ] /d, SEC. 29 b„ I NW 1 /4, SEC. 29 b 1 40' MWD R/W BY KDEED z 89'25'52,W I N 00'14'17' W 40.00' REC. 8/25/69, B . 7291. PG. 516, O.R. -- N 89'25'52' W 55.98' I P.O.C. /f STY UNE NWt/4J I vc�S�pPKWgO f 'y 5820 Exp,, ,- /, * SCALE 1' 200' d' L� P 9JFOF CAL140Q�\ AREA APPROX. 1.84 ACRES