Loading...
HomeMy WebLinkAbout92-058 - Resolutions - (not used) NOT ~ON: REPLACED BY RES. 92-074 ON 3-18-92 AG~q~A RESOLUTION NO. 92-058 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF RANCPE) CUCAMONGA, CALIFORNIA, DECEARING THE PUBLIC ~ AND N~CESS~ TO OOND~2~N PORTIONS OF CERTAIN REAL PROPERUf A. Recitals. (i) The City of Rancho Cucamonga by a rm~tual three party agreement with The William Lyon Cc~pany (TWLC) and Chaffey High School District was pursuing the acquisitic~ of Right-of-Way for Tark Drive at APN 227-011-09 c~monly known by the Street address 18811 Highland Avenue. TWLC attempted to negotiate with owners to purchase the necessary rights-of-Way but was umable to acquire same, further the City by the same agreement attempted to obtain street Right-of-way for widening the intersection of Highland and Rochester Avenues for a signal but could not reach a negotiated settlement. (ii) Pursuant to the provisions of California Government Code Section 40404(a), a City may acquire private properties by condemnation when it is necessary for establishing, laying out, ex~ and widening streets. (iii) Pursuant to the provisions of California Government Code Section 7267.2, prior to adopting this Resolution, the City has made an offer to the owner of record to aoquire the properties for the full amount of fair market value as established by independent appraisal valuation. (iv) On March 4, 1992, this Council held a duly noticed hearing pursuant to the terms of California Code of Civil Procedures, Section 1245.235, and said hearing was concluded prior to the adoption of this Resolution. (v) ~his project has been environmentally reviewed through the Circulation element of the Victoria Planned C~u,~nity and approved by City Ordinance No. 143 and City Resolution 91-321. No changes to the project area have occurred, and it is found no additional Environment Review is necessary. 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 respects as set forth in the Recitals, Part A-1 thru A-6, of this Resolution. Resolution No. 92-058 Page 2 SECTION 2: That portion of the properties which are required for a Right-of-Way for street improvement purposes referenced herein is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and is more specifically outlined in the legal descriptions and maps attached hereto as Exhibit "A" and incorporated herein by this reference. S~CTION 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 required the proposed project; and b. The proposed project is planned or located in the manner that will be most c~atible with the greatest public good and the least private injury; and c. The property defined in this Resolution is necessary for the proposed project; 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 properties described in Section 2, above, by proceedings in Eminent Dc{hain. 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 the City of Rancho Cucamonga, against all owners and claimants of the properties described herein for the purpose of cond~ng for street improv~-~nt 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 properties for the uses and purposes herein described. SEu~fION 5: The City Clerk shall certify to the adoption of this Resolution. NOT APPROV]~, PASSED OR ADOPI~D this 4th day of March, 1992.