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Home My WebLink About96-042 - ResolutionsRESOLUTION NO. 96-042 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 The City of Rancho Cucamonga has conducted a study pertaining to the modification of a traffic signal and improvement of the southeast corner of Vineyard Avenue and Foothill Boulevard 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 signal modifications, street widening and improvement of the intersection will require the acquisition of a portion of that certain real property commonly known by the street address of 8939 Foothill Boulevard, Rancho Cucamonga, California, (APN 208-192-07) and more particularly described in the attached Exhibits "A-1 & 2" and Exhibits "B-1 & 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. 96-042 Page 2 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; 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, 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 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 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 No. 96-042 Page 3 PASSED, APPROVED, AND ADOPTED this 3rd day of April, 1996. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None William J. ~xander, ~;yor ATTEST: D.bra J. Adarh's, CMC, 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 3rd day of April, 1996. Executed this 4th day of April, 1996, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution No. 96-042 Page 4 EXHIBIT "A- DESCRZPTIGN OF STREET DEDiCATiON BZING A PORTION OF PARCEL 2 OF PARCEL MJ%P NO. 2590, IN THE CITY OF RANCHO CUCA/~0NGA, COUNTY OF SAN R.~RNARDINO, STATE OF C~IFORNiA, AS PER MAP FILED IN BOOK 22, PAGE 85 OF PARCEL MAPS IN THE OFFICE OF TH~ COUNTY I~ECORDER OF SAiD COUNTY, D~SCRIBED AS FOLLOWS: BEGINNING AT T~E NORTHEAST CORNER OF SATD.WARC~L 2; THENCE SOUTHWESTE~,LY ALONG TH~ EASTERLY LINE OF SAiD PRACEL 2, S. 0" 13' 35" W., 19.50 FEET; THENCE N. 89" 46' 30" W., 110.00 FEET, TO T~ WESTERLY LIN~ 0P SAID PARCEL 2; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE, N. 0' !3' 35" E., 19.50 FEET TO T~E NORT}IE.R.LY LiNE OF SAiD PARCEL 2; THENCE SOUTHEASTERLY ALONG SAID NORTR1ZRLY LINE, S. 89" &6' ~O" E., !IO.~O FEET TO THE POINT OF BEGINNING. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, iF ANY, OF RECORD AND/OR FACT. ALL AS MORE PARTICULA/%LY SI]OWN ON A MAP ATTACHED HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. AREA = 2145.00 S.F. (0.05 ACRES) DATED: 12/15/94 BRENNAN, R.C.E. ~080! EXP. D;~E: 9-30-97 Resolution No. 96-042 Page 5 REING A PONTION OF ~A.RC.Z~ 2 OF PAE~--L MAP NO. 2~90, IN TEE C!T_V RANCHO CUCA~ONGA, COUNTY.. OF SAN BERNARDINO, STATE OF CAL_~FORNIA, A~ PER ~ FILED IN BOOK 22, PAG~ 85 OF PARCEL MAPS IN TH~ OFF. IT~ OF T.~E CO~rNTY RECOR~.R OF SAID COUNT~, DESCRZBED AS FOLLOWS: ~EG.~NNING AT T~iE NORTHEAST CORNF-~ OF SAiD PARCEL 2; THENCE SOUTH~rESTE~L~ ALONG THE EASTERLY LINE OF SAID PARCEL 2, $. 0° 13~ 35" W., 19.50 i~EET TO THE TRUE POINT OF BEGIN~:iNG; T~C~ CONTINUING ALONG ~AZD. EASTERLY LINE, S. 0° !3' 35" W., 20.00 FEET; TH,~RC~ N. 89° 46' 30" W., 55.00 FEET; N. 0e 13' 3S" E., 20.00 FEET; THENCE S. ~9° &6' 3~" E., 55.00 FEET TO TB'E TRUE POINT OF BEGINNING. SUB~-ECT TO ANY. AND ALL ~_.ASEMENTS OR AGREEMENTS, IF AA~'., OF RECORD AND/OR .FACT. ALL A~ MORE PARTICULARLY SHOWN ON A MAP ATTACM3~.m F~RET0 AS EXHIBIT "~' AND BY THIS RF2T. RENm~. MADE A PART HEREOF. AP~.EA = 1100.00 S.F. DATED: 8/15/95 JA!~--~ J."BI~ENNAN, R-~.E. 208~1 ~,TP. DA?2:9-30-97 i 'NOT TO SCALE Resolution No. 96-042 Page 6 EXHIBIT '~-~" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR' ~N EASEMENT OF ADDITIONAL RIGHT OF WAY ON FOOTHILL BOULEVARD FOOTHILL S.89°46' 30" F. ' 314.50' BOULEVARD d Mo.5o' ~9..$o' / o.co /' ~ / / / ~"~N.89° 46'30"W. IIO. 00' LLI Ld I~) P.O.B ~ PARC£L '"' '" 2590 :v:,-t P I'.~L ,. :'; ~ M.E/. '"'~ ' ~ '- N.B9 °,::16' 30" W. -~70.50' I (~)CURVE DATA A = 89' 59' 55" R =20 ..- ........ . L = 31.42' ..'.'::.' ~ ::'~:: '" '"" T ~F3' /!">' "~ "' .'. '' " '~. .v -,'.':"~ .,'~ it ,. ' f~;':.!::'. '.~.' pREPARED BY, ARi~OW "" ':':' ' ROU~E.:/'-~" .... - , .JAMES J. BRENNAN ,INC. . v~ _, ~//..fa/q"7 ~ ,.CONSULTING CIVIL ENGINEERS w~/~"- I C:2[) .qOl. ,~ t91 SOUTH ORANGE STREET \\ .\ .., '.2,./ /~.ORANGE,GALIFORNIA 92666 ~.. :i',.~'~~:~;//~..-.'~./.,'PHONE' (714} 997- Z540 '"". ~ ....('"t:11- -':.;' "':. ' : X~::,? ':.. ....· ...:-;.,... :..,,,,/..,,~.~, _ "';~.~i"'-" 0;.' :" ""~' :'"~ R.~'.E. 208OI ":~-'~'.;.:.':::: ......EXPIRATION DATE: 9- ::50 -97' 12/15/94 DATE Resolution No. 96-042 Page 7 EXHIBIT "B SK~'TC:N TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY CON..,~i'RUCTiON EA,~EMENT FOOTMILL BOULEVARD ['~ P.O.B CURVE DATA ~ =