HomeMy WebLinkAbout91-040 - Resolutions NO. 91-0~0
A. Recitals.
(i) ~he City of Rancho Cucamonga has o0r~k~d a study pertaining to
the widening, realignment, construction and i~ of 19th Street (State
Route 30) betw~n Beryl Street and Carnelian Street in the City of Rancho
Cucamonga (hereinafter referred to as the "project"). Based upon such
analysis, it has been de~ that the most reasonable and feasible plan
for widening, realignment, oonstruction and im~rovem~nt of 19th Street will
require the acquisition of an easement over a portion of that certain real
property known as Assessors Parcel No. 202-461-62, and more particularly
described in the attached Exhibit "A"; and
(ii) Pursuant to California Government Code Section 40404(a), a City
my acquire private prcp~ by oondemmation when it is necessary for
(iii) Pursuant to the provisions of California Gove~-~u,ent Code
Section 7267.2, prior to adopting this Resolution, the City bm.~ made an offer
to the owner of record to acquire the property for the full amount of fair
market value as established by i~t appraisal valuation; and
(iv) On February 6, 1991, this Council held a duly noticed hearing
pursuant to the terms of California Code of Civil Procedures, Section
1245.235, and said hearing was ooncluded prior to the adoption of this
(v) Ail legal prerequ~mites have occurred prior to the adoption of
B. Resolution.
NOW THEREFORE, the City (kxu~il of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
SECTI~ 1: In all respects as set forth in the Recitals, Part A, of
MqDCi~/ON 2: That the real pr~ which is required for the street
improvement purposes, including a slope easement, ref~ 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
Resol~ion ~.91~40:
Page2
SECTION 3: Based upon the substantial evidence presented to tb~
staff reports, the City Council specifically finds as follows:
a. The public interest and necessity requ~e the propoeed 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; and
c. The prop~ defined in this Resolution is necessary for the
d. An offer of fair market value b~-~ been made to the owners of said
real uroperty pursuant to the terms of California Goverrm~m~t Code Section
7267.2.
The City Attorney is ordered ar~ directed to bring an action in the Superior
Court of the State of California for the County of San Bernard/no, in the name
of the City of Rancho Cucamonga, against all owners and claimants of the
property described herein for the purpose of cond~ng for street i~
purposes, and to do all things necessary to prosecute said action to its final
determ/nation in accokdance with the provisions of law applicable thereto.
The City Attorney is authorized and ~r~tructed to make applications to said
Court for an Order fixing the amount of security by way of money deposits as
my be d/rected 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.
S~CTION 5: The City Clerk shall certify to the adoption of this
Resolution.
PASS~D, ~, an~ ADOPI~D this 6th day of February, 1991.
AYES: Alexander, Buquet, William, Wright
~ES: None
William J. Al~, Ma~o~ ~
Resolution No. 91-040
Page 3
E~ra J. ~, City Clerk
I, DFRRA J. ADAMS, CITY ~RK of the City of Rancho Cucamonga,
California, do hereby oartify that the foregoing R~solution was duly passed,
approved, and adopted by the City Cot~cil of the City of Rancho Cucamorga,
California, at a regular meeting of said City Oouncil .held on the 6th day of
F~, 1991.
Executed this 7th day of F,h~mry, 1991 at Rancho Cucamonga, California.
Resolution No. 91-040
Page 4
EX1J[BIT "A"
Legal Oescrfptlon
An easement for streets, htghways and related purposes ~n, over and
upon that certafn real property fn the Clty of Rancho Cucamonga, County of San
Bernardfno, State of California, described as follows:
THE NORTH 20 FEET OF THE EAST 200.00 FEET OF THE WEST
400.00 FEET OF TH/ NORTH ONE-HALF OF THE EAST ONE-HALF OF
LOT 7, BLOCK [6, IN THE CZTY OF RANCHO CUCANONGA,
CUCAMONGA HOMESTEAD ASSOC[ATZON LANDS, IN THE COUNTY OF
SAN BERNARD[NO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 6 OF MAPS, PAGE 46, [N THE OFF[CE OF THE COUNTY
RECORDER OF SAID COUNTY.
THE SOUTH 9 FEET OF THE SA[D NORTH 20 FEET SHALL BE SLOPE
EASEMENT.
EXCEPTING THEREFROM THE SOUTH 150.00 FEET THEREOF.
CONTAINING 4,000 SQUARE FEET MORE OR LESS.
Resolution No. 91-040
Page 5
EASEMENT
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