HomeMy WebLinkAbout88-683 - Resolutions .RESOLUTION NO. 88r683 .. ~.~
A RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DE~ARING THE PUBLIC NEED. AND
NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY
.LOCATED ON BASE LINE ROAD AT FUTURE DAY CREEK BOULEVARD IN
THE CITY OF .RANCHO COCAMONGA AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
(i) The City of Rancho Cucamonga has qonductad a study.pertaining to
street design, construction and widening for Base Line Road Widening and Day
Creek Channel Projects. Based upon the study conducted, it has been determined.
that the most reasonable and feasible alignment for the proposed street
widening- and channel projects will require the acquisition of a.right-of-way
across a portion of a regional related commercial zoned, parcel, (APN:
227-161-21) more particularly described herein:
Parcel I of Parcel Map.No. 2, as per plat recorded in Book 1 of Parcel.
Maps, Page 2, Records of said County ....
(ii) Pursuant to the~provisions of_California Government.~ode Section
7267.2, prior to adopting this Resolution, the_City has made an offer to the_
owners of record.to acquire the property for the full amount of ..fair market
value as established by independent appraisal valuations; ,~
(iii) Pursuant to ~ California Government Code Section 40404, a City
may acquire private~property by condemnation when it is necessary for ext~ndlng
and widening streets, as well as for the construction of drains, sewers and
aqueducts;
(iv). On November 16, 1988, this Council held a d%~.y noticed public
hearing pursuant to the · terms of California Code of Civil Procedure Section
1245.235 and said public hearing was concluded prior to the adoption of this
Resolution; and,
(v) All legal prerequiaites have occurred prior to the adoption of
this Resolution.
B. Resolution. -..
NOW, THEREFORE, the City. Council of the City~ of Rancho Cucamonga does
hereby find, determine and resolve as follows:
SECTION 1: In all aspects as set forth in the Recit~s, Part A, of
this Resolution.
Resolution No. 88-683
Page 2
SECTION 2: That portion of the property which is required for
right-of-way for storm drain and street widening purposes is situated in the
City of Rancho Cucamonga, County of San Bernardino, State of California, and is
more specifically outlined in the legal description and map attached hereto as
Exhibit "A" and incorporated herein by this reference.
SECTION 3: Based upon the substantial evidence presented to this
Council during the above-referenced public hearing, including written staff
reports, the City Council specifically finds as follows:
a. The public interest and necessity require the proposed
projects;
b. The proposed projects are planned or located in the manner
that will be most compatible with the greatest public good and the least
private injury;
" c. The property defined in this Resolution is necessary for'the
prop0s~d projects; and,
d. An offer of fair market value has been made to the owners of
said'real property pursuant to the terms of California Government Code Section
7267.2.
SECTION 4: The City Council hereby declares its intention to acquire
the property described in Section 2, above, by proceedings in eminent domain.
The City Attorney is ordered and directed to bring an action in the Superior
Court of the State of California for the County of San Bernardino, in the name
of t~he City of Rancho Cucemonga, against all owners and claimants of the
property described herein for the purpose of condemning and acquiring~ a
right-of-way for street purposes, and to do all things necessary to prosecute
said action to its final determination in accordance with the provisions of law
applicable thereto. The City Attorney is authorized and instructed to make
applications to said Court for an Order fixing the amount of security by way of
money deposits as may be directed by said Court and for an Order permitting the
City to take possession and use of said real property for the uses and purposes
herein described.
SECTION 5: The City Clerk shall certify to t~e adoption of this
Resolution.
PASSED, APPROVED, and ADOPTED this 16th day of November, ~988.
A~ES: Brown, Buquet, Stout, King, Wright
NOES: None
ABSENT: None
Dennis L. Stout, Mayor
Resolutiou No. 88-683
Page 3
ATTEST:
I, B~E~Y A. ~ET, CI~ ~E~ of the City of ~ncho Cuc~onga,
~llfornia, do hereby certify that the foregoing Resolution was day ~ssed,
appr~ed, and adopted by the ~ Council of the City of ~ncho Cuc~onga,
~llfornia, at a reg~ar meeting of said Ci~ Council held on the 16th d~ of
N~ber, 1988.
~ecuted this 17th day of N~ber, 1988 at Rancho Cuc~onga,
~lifornia.
B~er~ A~. A~the~et, City ~erk
Resolution No. 88-683
Page 4
EXHIBIT "A"
PART TAKE
Legal Description
LEGAL DESCRIPTION PIEROTTI PROPERTY
Ail that portion of Parcel I of Parcel Map No. 1, in the City of
Rancho Gucamonga, as per plat recorded in Book 1, of Parcel Maps, Page 1,
records of the County of San Bernardino, State of California, lying northerly
of the following described line;
C~mmenclng at the northwest corner of Section 5, T.1S.,R.6W., as shown
on Record of Survey, recorded in Book 47 of Records of Survey, Pages 68 through
75, records of said county;
Thence N 89 °49'23" E, a distance of 360.01 feet along the north line
of said Section to the northwest corner of said Parcel 1;
Thence southerly along the west line of Parcel I a distance of 49 feet
to the Point of Beginning;
Thence N 81° 49'14" E, a distance of 71.83 feet to a point on a line
that is parallel to and 39.00 feet south of the north llne of said Parcel 1:
Thence along said parallel line N 8g°49'23" E a distance of 282.26
feet to a point on a tangent curve, concave northerly, having a radius of
7539.00 feet;
Thence easterly along said curve, through a central angle of 0°50'10",
an arc distance of 110.02 feet~
Thence along a non-tangent llne N 89° 04'48" E a distance of 200.83
feet, to a point on a non-tangent curve, convave northerly, having a radius of
7542.00 feet, a radial through said point bears S 02032'20" E;
Thence easterly along said non-tangent curve through a central angle
of 01°27'31" an arc distance of 192.00 feet;
Thence N 86° 00'09" E a distance of 35.74 leer to the Point of
Terminus, said point being on the east line of said Parcel 1, said point being
located southerly from the northeast corner of said Parcel 1, a distance of
22.86 feet.
BASELINE -~'~ ~ .
~o.;= ACRES
PA~ EEL 1
PARCEL MAP I
OWNER, O$$1 lB ANNA MARIE PIEROTTI
PROPERTy PLAT