Loading...
HomeMy WebLinkAbout96-043 - ResolutionsRESOLUTION NOT USED RESOLUTION NO. 96-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF Recitals i. The City of Rancho Cucamonga has conducted a study pertaining to the installation of street improvements for East Avenue in the City of Rancho Cucamonga (hereinafter referred to as the 'project'). Based upon such analysis, it has been determined that the most reasonable and feasible plan for the installation of street widening will require the acquisition of a portion of that certain real property commonly known by the street address of 5997 East Avenue, Rancho Cucamonga, California, (APN 225-131-19) and more particularly described in the attached Exhibit "A" and "B". ii. Pursuant to the provisions of California Government 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 Government Code Section 7267.2, prior to adopting this Resolution, 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 an independent appraisal valuation; iv. On April 3, 1996, 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; and, Resolution No. 96-043 Page 2 RESOLUTION NOT USED B. Resolution NOW THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: In all respects as set forth in the Recitals, Part A of this Resolution. SECTION 2: That portion of the property which is required for right-of-way for the traffic signal, modification, installation of street widening and intersection 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: 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 defined in this Resolution is necessary for the proposed project; and, d. An offer of fair market value has been made to the owner 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 bdng an action in the Superior Court of the State of Califomia 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 improvement 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 application 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 the adoption of this Resolution. RESOLUTION NOT USED EXHIBIT "A" Resolution No. 96-043 Page 3 LEGAL DESCRIPTION APN 0225-131-19 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT LAND OFFICE. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO PETER H. TAYLOR RECORDED MAY 7, 1889 IN BOOK 99, PAGE ! 7 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO E.B. SPIERS, ET. UX., RECORDED JUNE 3, 1910 IN BOOK 460, PAGE 260 OF SAID DEEDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO RECORDED AUGUST 30, 1933 IN BOOK 907, PAGE 279 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO F. WILLIAM HOPPE, ET. UX., RECORDED JANUARY 2, 1941 IN BOOK 1448, PAGE 219 OF SAID OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE ETIWANDA SCHOOL DISTRICT OF SAN BERNARDINO COUNTY RECORDED MARCH 27, 1969 IN BOOK 7204, PAGE 51 OF SAID OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LINES OF THE LAND ADJUDGED TO BE OWNED BY ALEX J. CATANIA AS DESCRIBED IN CERTIFIED COPY OF JUDGMENT QUIETING TITLE RECORDED MARCH 7, 1972 IN BOOK 7881, PAGE 920 OF SAID OFFICIAL RECORDS. SAID LAND ALSO BEING AS A PORTION OF THE LAND SHOWN ON THE PRELIMINARY MAP OF THE ETIWANDA COLONY LANDS, ON FILE IN BOOK 2, PAGE 24 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDS. RESOLUTION NOT USED RIGHT-OF-WAY MAP APN 0225-131-19 Resolution No. 96-043 Page 4 ~_FUTURE 25RD STREET NORTHEAST NOTE: VICINITY MAP ONLY SUMMIT SOUTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 28, T.1.N., R. 6 W. SU~N~fr INTE~£DiATE SCHOOL N.T.S. BASIS OF BEARING CENTERLINE OF EAST AVENUE NO0 15' 24"E PER RECORD OF SURVEY BOOK 25 PAGE 69. AVENUE s89° 50' 04"E 3-19-96