Loading...
HomeMy WebLinkAbout89-409 - Resolutions RESOLUTION NO~ 89L409 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 Cit~ 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 d~termined, that the most reasonable and feasible plan for. widening, realignment, construction and improvement of Base Line Road will require the acqu!sition of a portion of that certain real property commonly known by the street address of 12659 Base Line Road, Rancho Cucamonga, California, and more particularly described in the attached Exhibit "A". (ii~) P~rsuant to the provisions of'C~lifornia 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 Cali. fornia, 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~ 89-409 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 thing~s 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. ~ennis L. Stout, Mayor ATTEST: Debra J.. A,~da~ms, City Clerk Resolution No~ 89-409 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~}~ City Clerk Resolution No~ 89-409 Page 4 EXHIBIT A-I DE LILA LOP,Z, TRUSTEE OF TRUST 'A' DE LILA LOPEZ ~ SHIRLey,aNN WREN, TRUSTEES OF TRUST 'B' ct_' OLD BASELINE RO ~PARCEL PROPOSE'D R/W ULTIMATE FUTURE ~ L : 9.02' PARCEL A ~' AREA = 4,074 S.F. ~ PORTION LOT 3 BLOCK S ETIWANDA COLONY LANDS ~ M.B. 2 , PG. 24 R.S. BK. 47, PG. 51-55 Resolution No~ 89-409 Page 5 EXHIBIT A-2 VESTEES: De Lila Lopez, Trustee of Trust "A" under Trust Agreement dated June 14, 1974, as to an undivided 1/2 interest and De Lila Lopez and Shirley Ann Wren, Trustees of Trust "B" under Trust Agreement dated June 14, 1974, as to an undivided 1/2 interest. That portion of Lot 3, in Block "S" 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, also as shown on the Record of Survey recorded December 10, 1982, in Book 47, Pages 51 to 55 incIusive, of Record of Surveys in the office of the County Recorder of said County, described as follows: Beginning at a point on the north line of said Lot 3, 150.00 feet west of the east line of said Lot 3, said point of beginning also being the northeast corner of that land described in a deed recorded in Book 8453, Page 604, of Official Records in the office of the County Recorder of said County; thence S0°05'45"W 16.92 feet; thence N89°14'34"W 209~'07 feet to the beginning of non- tangent curve concave to the southeast, having a radius of 24 feet, a radial line through said point bears N6°44'22"E; thence westerly along said curve 9.02 feet through a central angle of 21°32'18 to the west line of the land described in said deed, said curve being non-tangent to said west line, a radial line of said curve through said last mentioned point bears N14°7'56"W~ thence along said west line N0°05'45"E 15.09 feet to the north line of said Lot 3; thence along said north line S89°55'19"E 218.00 feet to the point of beginning. ~Contains 4,074 Square Feet.