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HomeMy WebLinkAbout92-057 - Resolutions - (not used) NOT~'ON: REPLACED BYRES. 92-073 ON 3-18-92 AG~qDA RESOLUI~ONNO. 92-057 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF RANCHO ~, CALIFO~, D~IARING ~ PUBLIC N~wD AND NqDC~SS~ TO COND~N A PORITON OF CERTAIN REAL PROP~I~ LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING A. Recitals. (i) The City of Rancho Cucamonga by mutual three party agreement with The William Lyon Company (TWLC) and C~affey High School District was pursuing the acquisition of Right-of-Way for T a~k Drive, the location oc~nonly known by APN 227-011-13 (a vacant lot). TWLC att~ to negotiate with owners to purchase the necessary rights-of-Way but w~s unable to acquire same. (ii) Pursuant to the provisions of California Gove~,~nt Code Section 40404(a), a City may acquire private property by condemnation when it is necessary for establishing, laying out, extending and widening streets. (iii) Pursuant to the provisions of California Gove~-~.~nt Code Section 7267.2, prior to adopting this R~solution, the City has made an offer to the owner of record to acquire the property 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 pur- suant 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) This project has been environmentally reviewed through the Circulation element of the Victoria Planned C~nity and approved by City Ordinance No. 143. No charges to the project area have occurred, and it is found no additional Environmental 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 R~citals, Part A-1 thru A-6, of this Resolution. SECTION 2: That portion of the property which is 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 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: Resolution No. 92-057 Page 2 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 compatible 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 Gov~D',~nt Code Section 7267.2. S~F/ON 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 the City of Rancho Cucamonga, against all owners and claimants of the property described herein for the purpose of condemning for street imurov~_nt purposes, and to do all things necessary to prosecute said action to its final determination in accord_~_nce 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. S~CTION 5: The City Clerk shall certify to the adoption of this Resolution. NOT PASS~D, APPROVED OR ADO~ this 4th day of March, 1992.