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Home My WebLink About02-231 - Resolutions RESOLUTION NO. 02-231 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION OF DAY CREEK BOULEVARD AND THE WIDENING OF BASE LINE ROAD AS PART OF THE PROPOSED PHASE 1-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. SECTION 2: The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent street easement in connection with street widening purposes ("proposed Project'), and all uses necessary or convenient thereto 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, 37353, 40404 and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and other provisions of law. SECTION 3: The real property interests sought to be taken are a permanent street easement on portions of property located at 12215 Base Line Road, Rancho Cucamonga, California, and identified as Assessor's Parcel Numbers 0227-161-21 ("Subject Property Interests"). The legal description of the Subject Property Interests is attached as Exhibit 1" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "2" to this Resolution. Said Exhibits are incorporated herein by this reference. Said Subject Property Interests are located adjacent to real property owned by the City of Rancho Cucamonga. The Subject Property Interests are required to facilitate the extension of Day Creek Boulevard and the widening of Base Line Road as part of the proposed Phase 1-A Improvements of the Community Facilities District 2001-01, which is a public use. Resolution No. 02-231 Page 2 of 8 SECTION 4: The City Council of the City of Rancho Cucamonga finds and determines that: A. The acquisition of the Subject Property Interests are required to carry out and make effective the principal purpose of the proposed Project. A general description of the proposed Project is set forth in the Agenda Statement dated August 21, 2002 and the evidence, reports, and documents cited in that Agenda Statement are all incorporated herein by this reference. B. The potential environmental impacts of the proposed Project were studied and analyzed in connection with the EIR for the Victoria Arbors Village, SCH: 98041137 which included the proposed street improvements, construction and widening Project as a condition of approval. The certification of the EIR and the adoption of the Statement of Facts of Findings and Overriding Considerations was based on the contents of the EIR, the comments received on the EIR, the report of the proceedings in connection with the proposed Project, and the duly noticed public hearings. C. City Staff, in connection with the proposed Resolution of Necessity, has reviewed all of the environmental documentation prepared on the proposed Project, including the Environmental Impact Report for the Victoria Arbors Village, SCH 98041187, and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes, City Staff concluded that there have been no substantial changes in the proposed Project, nor the circumstances surrounding the proposed Project, nor has the City obtained any new information of substantial importance that would require further environmental review. D. The environmental findings in connection with the proposed Project are the same environmental findings for the proposed acquisition of the Subject Property Interests. The City Council finds that there is no substantial evidence that the proposed Project, including the proposed acquisition will have a substantial environmental impact. The documents and other material which constitute the record on which this decision is based are located in the Department of Planning and Community Development and are in the custody of the Director of Planning and Community Development. SECTIONS: The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the proposed Project; B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; Resolution No. 02-231 Page 3 of 8 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the proposed Project; and D. The offer required by Section 7267.2 of the Government Code has been made to the owners of record. SECTION 6: The findings and declarations contained in this Resolution are based on the record before the City Council on August 21, 2002 when it adopted this Resolution, including the Agenda Statement dated August 21, 2002, all documents referenced and incorporated in the Agenda Statement, the testimony at the hearing, and the records and documents prepared in connection with the proposed Project, ail of which are incorporated in this Resolution by this reference. SECTION 7: The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and City Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit"'I" attached hereto. SECTION 8: This Resolution shall take effect upon adoption. SECTION 9: The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the Council of this City. Please see the following page for ho mal adoption,certification and signatures Resolution No. 02-231 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this 21" day of August 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None ,r GCMG^� William J. Alex der, Mayor ATTEST: Kathryn 4,4 Scott, Deputy City Clerk I, KATHRYN L. SCOTT, DEPUTY 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 2151 day of August 2002. Executed this 22nd day of August 2002, at Rancho Cucamonga, California. Kathry�LJ�Scott, Deputy City Clerk Resolution No. 02-231 Page 5 of 8 March 1, 2002 (Pierotti) EXHIBIT 1 Legal Description of an Easement for Street, Highway & Related Purposes for Base Line Road & Day Creek Boulevard Real Property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, legally described as follows: Commencing at the Northwest comer of Section 5, T. I S., R. 6W., as shown on the Record of Survey, recorded in Book 47 of Records of Survey, Pages 68 through 75, records of said County; Thence N 89°49'26" E a distance of 360.01 feet along the North line of said Section, also known as the centerline of Base Line Road, to the Northwest comer of Parcel 1 of Parcel Map No. 1 in the City of Rancho Cucamonga, as per plat recorded in Book 1, of Parcel Maps,Page 1, records of the County of San Bernardino, State of California; Thence southerly along the West line of said Parcel 1 a distance of 49.00 feet to the True Point of Beginning; Thence N 81° 49'14"E a distance of 71.83 feet to a point on a line that is parallel with and 39.00 feet southerly of the North line of said Parcel 1; Thence along said parallel line N 89°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 00°50'10", a distance of 110.02 feet; Thence along a non-tangent line N 89°04'48" E a distance of 200.83 feet, to a point on a non-tangent curve having a radius of 7542.00 feet, a radial to said curve point bears S 02032'20"E; Thence easterly along said non-tangent curve through a central angle of 01°27'31"a distance of 192.00 feet; Thence N 86°00'09" E a distance of 35.92 feet to a point, being on the East line of said Parcel 1, said point being located southerly from the northeast comer of said Parcel 1, a distance of 22.85 feet; Page 1 of 3 Resolution No. 02-231 Page 6of8 EXHIBIT i (continued) Thence along the East line of said Parcel 1, S 00'15'42" W a distance of 1538.07 feet to a point on the South line of said Parcel 1; Thence S 89° 38'01" W, along said South line a distance of 50.35 feet to a point; Thence N 01°28'41"W a distance of 181.39 feet to a point on a tangent curve, concave easterly, and having a radius of 2563.00 feet; Thence along said curve through a central angle of 01037'56" a distance of 73.01 feet to a point of tangency; Thence N 00°09'15"E, a distance of 462.86 feet to a point; Thence N 29°56'48"W, a distance of 15.71 feet to a point; Thence N 00°03'12"E, a distance of 30.00 feet to a point; Thence N 30°03'12"E, a distance of 15.91 feet to a point; Thence N 00°09'15"E, a distance of 244.91 feet to a point; Thence N 01'08'52" W, a distance of 176.05 feet to a point; Thence N 00'09'15"E, a distance of 56.07 feet to a point on a tangent curve, concave westerly, having a radius of 257.33 feet; Thence northerly along said curve through a central angle of 12040'49"a distance of 56.95 feet to a point on a reverse curve, concave easterly having a radius of 152.67 feet; Thence northerly along said curve through a central angle of 12040'49" a distance of 33.79 feet to a point of tangency; Thence N 00°09'15"E, a distance of 37.62 feet to a point; - Thence N 43023'20" W, a distance of 155.86 feet to a point on a non-tangent curve, concave northerly,having a radius of 7579.00 feet, a radial to said curve bears, N 02048'08" W; Thence westerly along said curve through a central angle of 01'30'20" a distance of 199.15 feet to a point on a compound curve having a radius of 163.00 feet a radial to said curve bears N 01°17'48" W; . Thence westerly along said curve through a central angle of 15°47'55", a distance of 44.95 feet to a point of tangency; Page 2 of 3 Resolution No. 02-231 Page 7 of S EXHIBIT 1 (continued) Thence N 75°29'53" W a distance of 7.94 feet to a point on a tangent curve concave southerly,having a radius of 137.00 feet; Thence westerly along said curve through a central angle of 13°52'26" a distance of 33.17 feet to a point of tangency; Thence N 89°22'19" W, a distance of 208.94 feet to a point; Thence S 89°49'26"W, a distance of 217.88 feet to a point; Thence N 00°15'52" E a distance of 11.00 feet to a point, said point being the True Point of Beginning. Containing 2.79 acres. See Exhibit B-1 attached hereto and made a part hereof. �O VOFESSJp^,�( y WILLIAM AMRINE McKENIIE m Prepared by: NO. 33922 SR Consultants, Inc. J, CIVIL 25322 Rye Canyon Road,Santa Clarita, CA 91355 Suite 201 rglf OF CALIE��\� (61) 257-65770�� X/: Cd S_ 2, c. Oy illiam McKenzie Date RCE No. 33922 Expires: 6/2002 Page 3 of 3 T.P.O.B. A-1 N 00'IS'SY E 156366' L2 150175'— 19.00 SEE DETAIL•A• n T.P O.B. A-i $ 4 � I I DETAIL'A• . n O �a m EXISTING AREA - 31.98 ACRES 53&05' P 2.55 ' a PROPOSED AREA - 29.19 ACRES 3 =1550. S DEDICA71ON AREA - 2.79 ACRES NroE51rE Q __ N OI7Y16•w DETAE 'e' o PROPOSED N W RIGHT-OF-WAY N 00'15'42'E 20 PROPOSED II D T P O.B. A-2 RIGHT-OF-WAY Ltt DETAIL 'C' N 0099Y� E SEE DETAIL'8* .,RM ,c-. . : ... ...� a 265 ,—�3_ .... ... .', .,. .....— PARCEL MAP 11PILPOUNDARY Q AREA TO az DEDICATED SEE DETAIL.0 N 0015 tt CRL DAY CREEK BOULEVARD '559.99 26,wmpqmw� LINE DATA CURVE DATA: EXI-IIBTT 2 LINE BEARING D57ANCE CUR1E O TA RADIOS UIIOIN TAI 953 Lt N 653501'E 60.35 C2 R53'25 *37.00' 33.1 le. U N 01-1552•E Io.ow C3 ls47'35' 153.0o• wAs 22.5e TWIT- =WAYDEDIf',A Ls N 73`29'53•w 7.94' CI 017519' 7579-00 199.1] 99. GAY Cl®C BDIIEYAW Alp BAE LIE FM u N 152529'w 135.60' C5 ITIo•49• ismr 33.79 le.00 LS N 00'09'15'E 37.62' co ,7/0.49• 257.33' 56.95 76.59 E� w u L7 N 01-09'15'E 56-07' C7 01'37,50'.. 2553.95 7101 36.61 SR CONSULTANTS, INC. L7 N 01'06'52• r 176.95' CO 01-50'15 7539.05 110.02 53.01 - IA N 01-00'15'E 2H.91' co 01'1r3t 761200' 102.W- 96-01 0 N 31-03'12'E 15.91' ENGINEERING•LAND PLANNING•LAND SURVEYING Lt0 N 01-53'12'E 30.00' LI1 N 29'5516'W L0.71' a�'"""'- 25322 RYE CANYON ROAD, SURE 201 CD L12 N or26v1•N 16,.53' UNE NARING 915TANCE -�— SANTA CLARITA, CAUFORNIA 91355 U7 L13 N 61'W'1C E 71.53' L15 N 6501'16'E 299.63' '• � � Phone (861) 257-6570 O L1/ N B549'2T'E 76225 LIS N 650509•E 30.9T N.T.S. Fox I (661] 257-6577 C.. PAGE 1 OF 1 b 0 I2E I�mo.Eclsnf-Imunw�wm-�anrrmxab Z O O O O W N O N 00 W J