HomeMy WebLinkAbout87-690 - Resolutions ITEM RESOLVED
RESOLUTION NOT NEEDED
RESOLUTION NO. 87-690
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN(~O
OJCAMONGA, CALIFORNIA, DE(LARING THE PUBLIC NEED AND
NECESSITY TO CONDEMN A PORTION 0F PROPERTY LOCATED IN THE
CITY OF RANC~{O CUCAMONGAANDMAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the design, construction and street widening project for Base Line Road. Based
upon the study conducted, it has been determined that most reasonable and
feasible alignment for the proposed street widening will require the
acquisition of a right-of-way across a portion of a residentially zoned parcel,
more particularly described herein; and
(ii) Pursuant to the provisions of California Government Code Section
7267.2, prior to adopting this Resolution, the City has made an offer to the
owners of record to acquire the property for the full amount of fair market
value as established by independent appraisal valuations; and
(iii) Pursuant to California Government Code Section 40404, a City
may acquire private property by condemnation when it is necessary for extending
and widening streets, as well as for the construction of drains, sewers and
acqueducts; and
(iv) On December 16, 1987, this Council held a duly noticed public
hearing pursuant to the terms of California Code of Civil Procedure Section
1245.235 and said public hearing was concluded prior to the adoption of this
Resolution; and,
(v) All legal prerequisites have occurred prior to the adoption of
this Resolution.
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 a
right-of-way for storm drain and street widening purposes 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.
Resolution No. 87-690
Page 2
SECTION 3: Based upo~ 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;
a. The public interest and ~ecessity 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;
The property, defined in, this Resolutlon is necessa~ for the
proposed proj,ect;~and,
d. An offer of fair market value has been made to the owners of
said real property pursualrt to the terms of Gallfornia
Government Code Section 7267,2.
~ SECTION 4: The City,Counei~ here~y 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 and acquiring a
right-of-way for street 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 property for the uses and purposes
herein described.
SECTION 5: The City Clerk shall certify to the adoption of this
Resolution.
Resolution No. 87-690
Page 4
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