HomeMy WebLinkAbout04-310 - ResolutionsRESOLUTION NO. 04-310
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 FOOTHILL BOULEVARD
(COMMUNITY FACILITIES DISTRICT 2003-01 B) WIDENING
AND IMPROVEMENT PROJECT
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 the Foothill
Boulevard (Community Facilities District 2003-01 B) Widening and
Improvement Project ("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,
40401, 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, 1240.410,
1240.510, 1240.610, 1240.650, and other provisions of law.
SECTION 3: The real property interests sought to be taken are a permanent
easement for roadway purposes, a permanent grading easement,
and a twelve-month temporary construction easement on the
property identified as 12401 Foothill Boulevard, Rancho
Cucamonga, California, also identified as Assessor's Parcel
Number 229-021-58. The legal descriptions of the Subject
Property Interests are attached as Exhibit "A-1," Exhibit "A-2," and
Exhibit "A-3" to this Resolution and the Subject Property Interests
are depicted on the diagrams attached as Exhibit "B-1," Exhibit "B-
2," and Exhibit "B-3" to this Resolution. Said Exhibits are
incorporated herein by this reference. The Subject Property
Interests are required for the Foothill Boulevard (Community
Facilities District 2003-01 B) Widening and Improvement Project.
SECTION 4:. The acquisition of the Subject Property Interests is 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 Staff Report dated October 6, 2004 and the
evidence, reports, and documents cited in that Staff Report are all
incorporated herein by this reference.
Resolution No. 04-310
Page 2 of 23
The potential environmental impacts of the Proposed Project were
studied and analyzed in connection with the EIR for the Victoria
Arbors project SCH 98041137 for the Proposed Project, certified
by the City Council on July 7, 1999 by Resolution No. 99-148 with
the Statement of Overriding Considerations adopted December
20, 2000 by Resolution No. 00-266. The certification of the EIR
and Facts and Findings were based on the contents of the EIR,
the comments received on the EIR, and the report of the
proceedings in connection with the Proposed Project, and the duly
noticed public hearings.
Pursuant to CEQA Guidelines Section 15074, in certifying the EIR
for the Proposed Project, the City Council, as the lead agency,
found that the mitigation measures and all significant impacts
identified in the EIR have been mitigated, avoided, or reduced to
an acceptable level, except for one identified unavoidable impact
described in the Statement of Facts of Findings. The unavoidable
significant impact of the project as identified in the Statement of
Facts of Findings is outweighed by the economic, social, and
other benefits of the project identified in the Statement of
Overriding Considerations.
Further, in accordance with Section 21152 of the Public
Resources Code and CEQA Guidelines section 15075, the City
prepared a Notice of Determination, which was posted by the
County Clerk in July of 1999.
The EIR together with its Exhibits, Resolution No. 00-266 and the
Notice of Determination are on filed in the Office of the City Clerk
of the City of Rancho Cucamonga and are incorporated in this
report by this reference.
Staff, in connection with the proposed Resolution of Necessity,
has reviewed all of the environmental documentation prepared on
the Proposed Project, including Certification of Environmental
Impact Report, SCH 98041137, 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, 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.
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
Resolution No. 04-310
Page 3 of 23
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 Department of Planning and Community
Development.
SECTION: 5 The real property interests sought to be acquired are currently
being used as a vacant lot. The Proposed Project will not
unreasonably interfere with or impair the continuance of any
existing public use or as the public use may reasonably be
expected to exist in the future as allowed pursuant to Code of Civil
Procedure Section 1240.510.
SECTION: 6 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;
C. The property interests hereinabove described are necessary to carry
out and make effective the principal purpose of the Proposed Project;
D. The Proposed Project will not unreasonably interfere with or impair
the continuance of any existing public use or as the public use may
reasonably be expected to exist in the future as allowed pursuant to
Code of Civil Procedure Section 1240.510; and
E. The offer required by Section 7267.2 of the Government Code has
been made to the owners of record and/or due diligence has been
exercised in order to comply with Section 7267.2.
SECTION: 7 The findings and declarations contained in this Resolution are
based on the record before the City Council on October 6, 2004
when it adopted this Resolution, including the Staff Report dated
October 6, 2004, all documents referenced and incorporated in
the Staff Report, the testimony at the hearing, and the records and
documents prepared in connection with the Proposed Project, all of
which are incorporated in this Resolution by this reference.
SECTION: 8 The City Council of the City of Rancho Cucamonga authorizes
and directs the City Attorney's office and 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 "A-1," Exhibit "A-2," and
Exhibit "A-3" attached hereto.
Resolution No. 04-310
Page 4 of 23
SECTION: 9 This Resolution shall take effect upon adoption.
SECTION: 10 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 City Council of this City.
Please see the following page
for formal adoption, certification and signatures
Resolution No. 04-310
Page 5 of 23
PASSED, APPROVED, AND ADOPTED this 6th day of October 2004.
AYES: Alexander, Gutierrez, Howdyshell, Williams
NOES:
None
ABSENT:
Kurth
ABSTAINED:
None
ATTEST:
3
� f i
Deb -a J. Adam MC, 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 6th day of October 2004.
Executed this 7th day of October 2004, at Rancho Cucamonga, California.
Debra J. Adam M , City Clerk
Resolution No. 04-310
Page 6 of 23
EXHIBIT "A -1
(PROPOSED EASEMENT FOR STREETS, HIGHWAYS, & RELATED PURPOSES)
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6
WEST, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY 77.00
FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SECTION 8, SAID
NORTHERLY LINE BEING ALSO THE CENTERLINE OF FOOTHILL BOULEVARD (ROUTE 66), WITH
THE EASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED RECORDED DECEMBER 27, 1996 AS
DOCUMENT NO. 19960472922 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE
ALONG SAID EASTERLY LINE, SOUTH 00"1121" WEST, A DISTANCE OF 9,79 FEET; THENCE
NORTH 88°42'37" EAST, A DISTANCE OF 22.51 FEET; THENCE NORTH 00°1121" EAST, A
DISTANCE OF 5.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 3.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE"OF 88`311o' AN ARC DISTANCE OF 4,63 FEET, THENCE
NORTH 88°42'37" EAST, A DISTANCE OF 341.45 FEET TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 70.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY LINE;
THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, SOUTH 89"55'01" EAST, A DISTANCE
OF 114.12 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN FINAL ORDER OF
CONDEMNATION RECORDED FEBRUARY 13, 1975 IN BOOK 8615, PAGE 992 OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH
18°45'07" EAST, A DISTANCE OF 21.11 FEET TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 50.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY LINE;
THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, NORTH 89"55'01" WEST, A DISTANCE
OF 487.60 FEET TO SAID EASTERLY LINE; THENCE ALONG SAID EASTERLY LINE, SOUTH
00°1 V21" WEST, A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,479 SQUARE FEET OR 0,264 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF:
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EXHIBIT "A-2"
(PROPOSED GRADING EASEMENT)
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6
WEST, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, INCLUDED WITHIN A STRIP OF
LAND 20.00 FEET WIDE THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS COURSE
"A", "B", "C" AND "D", HEREINAFTER DESCRIBED:
COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY
77.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SECTION 8,
WITH THE EASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED RECORDED DECEM T 27,;
SAID NORTHERLY LINE BEING ALSO THE CENTERLINE OF FOOTHILL. E30ULEVARD (ROUTE 66),
1996 AS DOCUMENT NO. 19960472922 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY
THENCE ALONG SAID EASTERLY LINE, SOUTH 00°1 V21" WEST, A DISTANCE OF 9.79 FEET T THE TRUE POINT OF BEGINNING; THENCE (COURSE "A"), NORTH 88°42'37" EAST, A DISTANCE
OF 22,51 FEET; THENCE (COURSE "B"), NORTH 00°11'21" EAST, A DISTANCE OF 5.08 FEET T THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS_
OF 3,00 FEET: THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 88"31'16" AN ARC DISTANCE OF 4.63 FEET; THENCE (COURSE "C"), NORTH 88*42'RA EAST, A
DISTANCE OF 341,45 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 37"70.0E FEET,
MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY LINE; THENCE (COURSE " 0. AFONT.
SAID LAST MENTIONED PARALLEL LINE, SOUTH 89°55'01" EAST, A DISTANCE OF 114.12 FEET TO
THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN FINAL ORDER OF CONDEMNATION
RECORDED FEBRUARY 13, 1975 IN BOOK 8615, PAGE 992 OF OFFICIAL RECORDS, RECORDS OF
SAID COUNTY.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE WESTERLY IN SAID EASTERLY LINE, AND EASTERLY IN SAID NORTHWESTERLY
LINE.
CONTAINING 9,711 SQUARE FEET OR 0.223 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
PREPARED UNDER THE SUPERVISION OF:
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Resolution No. 04-310
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Page 18 of 23
EXHIBIT "A-3"
(TEMPORARY CONSTRUCTION EASEMENT)
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6
WEST, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, INCLUDED WITHIN A STRIP OF
LAND 20.00 FEET WIDE THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS COURSE
"A", "B", "C" AND "D", HEREINAFTER DESCRIBED:
COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY
77.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SECTION 8,
SAID NORTHERLY LINE BEING ALSO THE CENTERLINE OF FOOTHILL BOULEVARD (ROUTE 66),
WITH THE EASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED RECORDED DECEMBER 27,
1996 AS DOCUMENT NO. 19960472922 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00-1121- WEST, A DISTANCE OF 9.79 FEET TO
THE TRUE POINT OF BEGINNING: THENCE (COURSE "A") NORTH 88"42'37" EAST, A DISTANCE
OF 22.51 FEET; THENCE (COURSE "B"), NORTH 00*11'21" EAST, A DISTANCE OF 5.08 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS
OF 3.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 88°31'16" AN ARC DISTANCE OF 4.63 FEET; THENCE (COURSE "C"), NORTH 88'42'37" EAST, A
DISTANCE OF 341.45 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 70.00 FEET,
MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY LINE; THENCE (COURSE "D"), ALONG
SAID LAST MENTIONED PARALLEL LINE, SOUTH 89°55'01" THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IEAST, A DISTANCE OF 114.12 FEET TO
N FINAL ORDER OF CONDEMNATION
SAID COUNTY,
RECORDED FEBRUARY 13, 1975 IN BOOK 8615, PAGE 992 OF OFFICIAL RECORDS, RECORDS OF
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE WESTERLY IN SAID EASTERLY LINE, AND EASTERLY IN SAID NORTHWESTERLY
LINE,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
CONTAINING 9,711 SQUARE FEET OR 0.223 ACRES, MORE OR LESS,
PREPARED UNDER THE SUPERVISION OF:
\dNPv LAND
_ 6/25/Rd �5�
GARY W. DO CH, P.L.S. 4693 DATE
LICENSE EX IRES 9-30-2005 a 0 z
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Resolution No. 04-310
Page 19 of 23
EXHIBIT " E3-3" SHEET 1 OF 5 SHEETS
(TEMPORARY CONSTRUCTION EASEMENT)
n
NOTE: DATA HEREON IS BASED ON UNRECORDED PARCEL MAP
NO. 16033 PREPARED BY TAIT AND ASSOCIATE&
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� INDICATES SUBJECT EASEMENT AREA
INDICATES SUBJECT EASEMENT BOUNDARY LINE
INDICATES EXISTING LOT LINES
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPA UNDER THE SUPE ISION OR SCALE I"= 300'
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