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HomeMy WebLinkAbout89-410 - Resolutions RESOLUTION NO~ 89Z410 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 widening, realignment, construction and improvement of Base Line Road between Victoria Park Lane and Interstate 15 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 widening, realignment, construction and improvement of Base Line Road will require the acquisition of a portion of that certain real property commonly known by the street address of 12951 Base Line Road, Rancho Cucamonga, California, and more particularly described in the attached Exhibit "A". (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 independent appraisal valuation; (iv) On September 6, 1989, 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, 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 a right-of-way for street 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: Resolution No. 89-410 Page 2 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 owners 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 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. PASSED, APPROVED, and ADOPTED this 6th day of September, 1989. AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ABSENT: None ~~ayor ATTEST: Debra J. A~ms, City Clerk Resolution No~ 89-410 Page 3 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 6th day of September, 1989. Executed this 7th day of September, 1989 at Rancho Cucamonga, California. Debra J. Ad~r~s, City Clerk Resolution No~ 89-410 Page 4 EXHIBIT !'A" That portion of Lot 4, in Block "R" of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 2 of Maps, Page 24, in the office of the County Recorder of said County, described as follows: Beginning at the northwest corner of said Lot 4 of said Block R; thence along north line of said Lot 4, said north line also being the south line of Base Line Road 66 feet wide, N~89°44'39" E, 660 feet to the northeast corner of said Lot 4; thence along the east line of said Lot 4, S 0002'25'' E, 11.08 feet; thence S 88o15'24'' W, 629.27 feet to a point on a line that is parallel with and 60.00 feet south, measured at right angles to the proposed centerline of Base Line Road as shown on the Specific Plan of Base Line Road, Master Plan Amendment No. SV-403, on file in the office of the County Engineer, San Bernardino County Road Department; thence S 45o01'08'' W, 28.26 feet to a point on a line that is parallel with and 11.00 feet east of the west line of said Lot 4; thence along said last metioned parallel line, S 0°02'25'' E, 256.89 feet; thence S 0°14'46'' W, 200.00 feet; thence S 89o57'35'' W, 10.00 feet to the said west line; thence along said west line N 0°02~25" W, 504.15 feet to the point of beginning. Contains 18,618.97 Square Feet. Resolution No. 89-410 Page 5 EXHIBIT "A"