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Home My WebLink About05-328 - Resolutions RESOLUTION NO. 05-328 A RESOLUTION OF NECESSITY OF THE CITYCOUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209- 131-01 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. SECTION 2: The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project'), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. SECTION 3: The real property interests sought to be taken are a partial acquisition of fee simple and a temporary construction easement for roadway purposes on the property identified as 10451 26th Street, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-131-01. The legal descriptions of the Subject Property Interests are attached as Exhibits"A"and"A-1"to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibits "B" and "B-1" to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. SECTION 4: The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment (`ISA") and Initial Study for the Haven Grade Separation Project. Resolution No. 05-328 Page 2 of 10 Pursuant to CEQA Guidelines Section 15074, in certifying the ISAfor the Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated,avoided,or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social,and other benefits of the project identified in the Statement of Overriding Considerations. On September 8,2004,the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA togetherwith its Exhibits,the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. SECTION 5: The real property interests sought to be acquired are currently being used as vacant land on an industrial facility. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Resolution No. 05-328 Page 3 of 10 SECTION 6: The City Council of the City of Rancho Cucamonga hereby finds and determines that: 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 interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impairthe continuance of anyexisting public use oras the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. SECTION 7: The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report,the testimony at the hearing,and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. SECTION 8: The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire byeminent domain the real property interests described in Exhibits "A" and "A-1" attached hereto. SECTION 9: This Resolution shall take effect upon adoption. SECTION 10: The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. Please see the following page for formal adoption,certification and signatures Resolution No. 05-328 Page 4 of 10 PASSED, APPROVED, AND ADOPTED this 16'h day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale nder, May r ATTEST: Pebra J. a CMC, 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 16'h day of November 2005. Executed this 17`h day of November 2005, at Rancho Cucamonga, California. Debra J. Adm , CM , City Clerk Resolution No. 05-328 Page 5 of 10 PS OMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 5 (APN 209-131-01) 6 THAT PORTION OF LOT I OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34,PAGE 65,RECORDS OF SAID COUNTY,MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: 10 I I COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (CURRENTLY 134 FEET WIDE)AND 261"STREET(60 FEET WIDE); THENCE 13 SOUTHERLY ALONG THE CENTERLINE OF HAVEN AVENUE 14 SOUTH 0028'10"EAST 215.75 FEET;THENCE LEAVING SAID CENTERLINE 15 NORTH 89031150"WEST 33.00 FEET TO A POINT ON THE WEST RIGHT OF 16 WAY LINE OF SAID HAVEN AVENUE AND THE T UE POINT OF 17 BEGINNING: THENCE LEAVING SAID WEST RIGHT OF WAY LINE 13 SOUTH 47929'01"WEST 23.18 FEET;THENCE NORTH 89°56'55"WEST 19 98.79 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 116.00 FEET 20 MEASURED AT RIGHT ANGLES FROM SAID WEST RIGHT OF WAY LINE; 21 THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0028'10"EAST 22 I77.45 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 702.00 FEET 23 MEASURED AT RIGHT ANGLES FROM THE NORTH RIGHT OF WAY LINE OF 24 HUMBOLDT AVENUE(280 FEET WIDE)AS SHOWN ON TRACT MAP 2203; 25 THENCE EASTERLY ALONG SAID PARALLEL LINE SOUTH 89056'39"EAST 26 116.00 FEET TO SAID WEST RIGHT OF WAY LINE OF HAVEN AVENUE; 27 THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE NORTH 28 0928'10"WEST 193.14 FEET TO SAID TRUE POINT OF BEGINNIN(' 29 30 CONTAINING 0.476 ACRES MORE OR LESS. 31 m12un'pWDS\tuncyVe¢alNa¢olsbpo-309-131-0I m 092205dx Sepw bu 32,2005 - tmcLcm Sheet I Oft Resolution No. 05-328 Page 6 of 10 I SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF 2 3 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION e AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 5 ACT OF THE STATE OF CALIFORNIA- 6 7 PREPARED UNDER THE DIRECTION OF 9 11V,,9 10 It - LSCIr+. 22-,2.i00-n,- 12 .7 .7od.S12 KARI J. LA N,PLS 5679 DATE 13 LICENSE EXPIRES 09/30/05 14 \ J• LAG 15Y4 y:A 16 Nd 5679 Exp-9/30/20D5 1) 19 20 21 22 23 29 25 26 17 1B 29 30 31 m.-uun=oWoi�u+�r�wW«td.pn]os-1�1-0i R.avr_ns a« Sapt ..be,xD,2003 1G°'L - . Sheet 2 Oft Resolution No. 05-328 Page 7 of 10 EXHIBIT "B" POC 26TH STREET IN A, m HALSTEAO FAMILY PARTNERSHIP T APN NO. 209-1)1. 01 ^/-�eT-r7-rr ^^ ^�± WIT 1' 1 i u D P off ioll OF WI J Q� N Z TFIACT MAP 22w S47'29*01"w of 1 IN 23 15' C SOUK 34 PAGES: E16 ITI N89'S6'S5"W -- 98.79' - e TPOB _ JERSEY_ o 1A Z BLVD 0 1Q3 10 FOOT Py IC UTILITY m m o 116 A G Q GENERAL TELEPHONE COYPAMY OF CALIFORNIA RECORDED JANUARY 17. 195?, Nq BOON 5240. PACE 420, OR v w I .. .---------- 116.00' i 589'56'39"f 110 p 3}' 101' N i HUMBOLT AVE D(5CAPTIONI A PORTION OF LOT 2 OF TRACT WP 220). IN THE CITY 0T RANCNO CYCANONGA. SHEET I OF 1 GOWN OF SAN gERNARDINO. STATE OF CALIFORNIA. SCALL NONE A 5 DRAFTED, LCY 5 O M RM W AyrK,IFQ�pp CHEC%EOI LW/PIF W7(f41 H�BEN 2UR520DADa Resolution No. 05-328 Page 8 of 10 PS OMAS 1 EXHIBIT'A'-1 2 LCGAL DF-SCRIMON 3 TEMPORARY CONSTRUCTION EASEMENT 4 5 (APN 209-131-01) 6 THAT PORTION OF LOT I OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, 8 FILED IN BOOK 34,PAGE 65,RECORDS OF SAM COUNTY,MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: 10 1 1 COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (CURRENTLY 134 FEET WIDE)AND 26T1 STREET(60 FEET WIDE); THENCE 13 WESTERLY ALONG THE CENTERLINE OF 26i°STREET NORTH 89°58'29-WEST 14 76..26 FEET;THENCE LEAVING SAID CENTERLINE SOUTH 0.01'31"EAST is 30.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID 261'STREET AND 16 THE TRUE POINT OF BEGINNINQ THENCE LEAVING SAID SOUTH RIGHT 17 OF WAY LINE SOUTH 34°56'30-EAST 40.74 FEET;THENCE 18 SOUTH 29019'04"WEST 192.33 FEET;THENCE SOUTH 89°56'55"EAST 19 98.79 FEET; THENCE NORTH 47029'01"EAST 23.18 FEET TO THE WEST RIGHT 20 OF WAY LINE OF SAID HAVEN AVENUE;THENCE NORTHERLY ALONG SAID 21 WEST RIGHT OF WAY LINE NORTH 0°28'10"WEST 165.67 FEET TO THE 22 BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS 23 OF 20.9D FEET;THENCE NORTHERLY,NORTHWESTERLY,AND WESTERLY 24 31.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°30.18" 25 TO A POINT OF TANGENCY TO SAID SOUTH RIGHT OF WAY LINE OF 26TH 26 STREET;THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE 27 NORTH 89.58'29"WEST 23.69 FEET TO SAID TRUE POINT Op BE -TINNING. G. 2s 29 CONTAINING 0.282 ACRES MORE OR LESS. 3D 31 SEE EXHIBIT 'B'ATTACHED HERETO AND MADE A PART HEREOF m:Uma300908arvryVe¢nlaVe¢alaMno-]09-111-0I-tcn_,crpylDp� Sqbmhm 2j]DDS ' 1�¢:urd Sheet I oft Resolution No. 05-328 Page 9 of 10 PS OMAS i 2 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 3 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 4 ACT OF THE STATE OF CALIFORNIA. 5 6 PREPARED UNDER THE DIRECTION OF 7 8 9 ID Ste. 11 KARI J. LA EN,PLS 5679 DATE 12 LICENSE MES 09/30/05 13 14 0 13 16 {r Na 5679 y} 17 EXp-9/39/2003 18 �crcAu at 19 20 21 22 13 24 25 26 17 28 29 30 SC�vianber 22.2005 c�4UtyolaLpn-199.131-0I�e rcW972050a .yluMcr 71.1005 1em.LCM Sheet 2 of 2 Resolution No. 05-328 Page 10 of 10 EXHIBIT "B"i N89'58'29"w t30-E ' 26TH STREET �POC o — 9-5p'29 w 69 R.20 00; I L=31 240=89'30'18"S34'40 70 ,HALSTEAD FAMILY PARTNERSHIP209-131- 01POrTfJON OP LOT I R CT MAP 2208N47'29'01"E 98.79' 1318' BOOK 34 PA09 66 S89'56'55'E _ JERSEY BLVD 10 FOOT PUBLIC 4 ' GENERAL TELEPHONE C0IAPANY OF CALIFORNIA "EC:OROEO JANUARY 17. 1951. IN IIOCK 523A PAGE A20. OR 134' rk I • I . OESLRIFTION.4 TENP+ORARY CO1157111 11:Tl i EASEMENT FOR A PORTION OF LOT I OF TRACT W 2201. SHEET I OF IN THE CITY OF RANCHO CUCANONCA, 11 COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA. SCALE, NONE PS OMA S CRAFYEO, MOA MAW= n Rr w�� CHECKED. LYN/PJF l�1iSr"�aTi�j ilyry. Y JOB NIrIBER ZURS200409