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Home My WebLink About90-432 - Resolutions RESOLUTION NO. 90-432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 A. Recitals. (i) The City of Rancho Cucamonga has conducted a study pertaining to the installation of traffic signals and improvement of Rochester Avenue at Foothill Boulevard intersection 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 traffic signals, street widening, storm drain extension and improvement of the intersection will require the acquisition of a portion of that certain real property commonly known by the street address of 11929 Foothill Boulevard, Rancho Cucamonga, California, (APN 229-021-17), and more particularly described in the attached Exhibit "A"; and (ii) Pursuant to the provisions of California Government Code Section 40404(a), a City may acquire private property by condemnation when it is necessary fo establishing, laying out, extending and widening streets; and (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; and (iv) On November 7, 1990, 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. 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 Recitals, Part A, of this Resolution. SECTION 2: That portion of the property which is required for right-of-way for the traffic signal installation, street widening, storm drain extension 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. Resolution No~ 90-432 Page 2 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; 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 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. PASSED, APPROVED, and ADOPTED this 7th day of November, 1990. AYES: Alexander, BUquet, Stout, Wri'ght NOES: None ABSENT: Brown Resolution No. 90-432 Page 3 Dennis L. Stout, Mayor ATTEST: I)e r~j. Adam~/, 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 7th day of November, 1990. Executed this 8th day of November, 1990 at Rancho Cucamonga, California. £ O~-b-6~ J.~-i~da~f~, City Cler~ ~ Resolution No. 90-432 Page 4 £XHIBII ~ ~ ENGINEERING PLANNING SURVEYING ARCHITECTURE LANDSCAPE ARCHITECTURE December 22, 1989 w.o. 8910568 Revised July 25, 1990 RIGHT OF WAY DEDICATION FOOTHILL BOULEVARD AND ROCHESTER AVENUE CITY OF RANCHO CUCAMONGA PROPERTY OF JOAN V. AGGAZZOTTI TRUSTEE Tha~ portion of Lo~ 112 and Orange Avenue (vacated) of Map of Rochester as shown by map on file in Book 9 of Haps, at page 20 thereof, Records of San Bernardino County, California, described as follows: Beginning at the intersection of the Easterly line of Rochester Avenue (60.00 feet wide) as shown on Parcel Hap No. 4485, by map on file in Book 40 of Parcel Haps, at pages 65 and 66 thereof, Records of San Bernardino County, California, also being the Westerly line of Orange Avenue (vacated) by Resolution recorded December 18, 1936 in Book 1177, page 320, Official Records of San Bernardino County, California with the Southerly line of Foothill Boulevard a~ conveyed to the State of California by deed recorded April 4, 1929 in Book 482, page 334, Official Records of San Bernardino County, California; Thence S.00°24'24'W. &long said Easterly line of Rochester Avenue, 'also being said Westerly line of Orange Avenue (vacated), a distance of 134.81. feet to the Southwest corner of that certain parcel of land as conveyed to Joan V. Aggazzotti, Trustee by deed recorded December 30, 1987, as Instrument No. 454037, Official Records of San Bernardino County, California; Thence S.89°35'36'E. along the Southerly line of said parcel conveyed to Joan V. Aggazzotti, Trustee, a distance of 46.00 feet to a line parallel with and 76.00 feet Easterly, measured at right angles from the center line of said Rochester Avenue (60.00 feet wide); Thence N.00°24'24"E. along said parallel line, a distance of 101.10 fe~; 3~$9 Le~9~ $~,ee~ Su,~e 300 109,-D $ ~ ~e'-o- n,e-ue 7~ 'ST $"~-,' D'l~e 27349 Jelle,son Su,le ~0 Bo. =P3 Co,mn C~ 92324 ~a'-[,.~e~ CC 9Zt60 PO 8o~ 340 ~,,e,s,oe C~ 92592 ,7~ PZ~ '0~Z PO 8o, 'ZF'r Temecula CA 02?90 Resolution No. 90-432 Page 5 R-O-W DEDICATION/JOAN V. AGGAZZOTTI TRUST W.O. 8810568 EXHIBIT A-2 December 22, 1989/Revised July 25, 1990 Page 2 Thence Northerly and Easterly on a curve concave Southeasterly having a radius of 24.00 feet, through an angle of 89°45'36", an arc length of 37.60 feet to a line parallel' with and 60.00 feet Southerly, measured at right angles from the centerline of said Foothill Boulevard, also being the Northerly line of said Lot 112; Thence S.89°50'00"E. along said parallel line, a distanoe of 55.00 feet; Thence N.00°10'00"E., a distance of 10.00 feet to said Southerly line of said Foothill Boulevard; Thence N.89050'00"W. along said Southerly line, a distance of 124.86 feet to the point of beginning. The above described parcel of land contains 7,116 square feet, more or less; LO/HAF/lb LEG:DS3 CRIPTI~N PREPARED UNDER THE SUPERVISION OF: ,,., i_- i ,om.r .. rou.tain. Dat. F. DAVID$ON ASSOCIATES, INC. Res01uti0n N0, 90-432 Page 6 EXHIBIT A-3 ~,~ ~, o.~ ~.~. ~., ~. ~ ~ ' ~0 'o0 I ~-~.~0' MAP DF .~/0~ ~C 0~ I~,~ ~,~I~ F ~;~,~ll~'C6D CITY O~ RANCHO CUCAMONGA ~rr~oq£o OOCU~ENr /r /$ oor ~ ~&~tr o~' r~E w~trr6o ~scm~r~ r~.6~, lOnG ~