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Home My WebLink About06-108 - Resolutions RESOLUTION NO. 06-108 A RESOLUTION OF NECESSITY OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209- 131-02 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 8812 Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-131-02. 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 are 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 April 5, 2006 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. i Resolution No. 06-108 Page 2 of 12 Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for 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 together with 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 Resolution 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 with 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. SECTION 6: The City Council of the City of Rancho Cucamonga hereby finds and determines that: Resolution No. 06-108 Page 3 of 12 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 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; 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 City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. SECTION 8: The findings and declarations contained in this Resolution are based on the record before the City Council on April 5, 2006 when it adopted this Resolution, including the Staff Report dated April 5, 2006, 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 9: 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 by eminent domain the real property interests described in Exhibits "A" and "A-1" attached hereto. SECTION 10: This Resolution shall take effect upon adoption. SECTION 11: 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. 06-108 Page 4 of 12 PASSED, APPROVED, AND ADOPTED this 51 day of April 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. exander, ayor ATTEST: ,r 4braJ&. AdOsC&�Cjty 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 51h day of April 2006. Executed this 6`h day of April 2006, at Rancho Cucamonga, California. AebC, City Clerk Resolution No. 06-108 Page 5 of 12 PS OMAS I EXHIBIT'A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 5 (APN 209-131-02) 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 COMM1iENCING AT THE CENTERLINE INTERSECTION OF HAVENA VENUE 12 (CURRENTLY 134 FEET WIDE) AAD 26"STREET(60 FEET WIDE); THENCE 13 SOUTHERLY ALONG THE CENTERL,PIE OF HAVEN AVENUE 14 SOUTH 0'28'10"EAST 531.23 FEET;THENCE LEAVING SAID CENTERLINE 15 NORTH 89°31'50"WEST 33.00 FEET TO A POINT ON THE WEST RIGHT OF 16 WAY LINE OF SAID HAVEN AVENUE AND THE TRUE__POINT 17 BEGINNING;THENCE ALONG SAID WEST RIGHT OF WAY LINE Is SOUTH 0'28'10"EAST 579 13 FEET TO THE NORTH RIGHT OF WAY LINE OF 19 . HUMBOLDT AVENUE(2S0 FEET WIDE)AS SHOWN ON SAID TRACT MAP 20 2203;THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE 21 NORTH 89056'39"WEST 34.30 FEET TO A LINE DRAWN PARALLEL WITH AND 22 DISTANT 3430 FEET MEASURED AT RIGHT ANGLES FROM SAID WEST 23 RIGHT OF WAY LINE;THENCE NORTHERLY ALONG SAID PARALLEL LINE 24 NORTH 0`29'10-WEST 305.60 FEET; THENCE NORTH 6045'53"EAST 25 272.38 FEET TO SAID TRUE POINT OF BEGINNING, 26 27 CONTAINING 0350 ACRES .MORE OR LESS 28 29 SEE EXHIBIT'B' ATTACHED HERETO AND MADE A PART HEREOF 30 ^r'1,uaa1pJllS'..rrrgvVcplaVcpl..gnrl...i:Ln• rcvlll)pi Nrn'cnder 11 _`IXIi - 1l 4rn 1 t Al lm• A\'UI Sheet 1 Oft Resolution No. 06-108 Page 6 of 12 PSOMAS I THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION z AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 3 ACT OF THE STATE OF CALIFORNIA 4 5 PREPARED UNDER THE DIRECTION OF 6 7 8 10 KAKI J LA EN,PLS 5679 DATE I1 LICENSEE ES 09/30/07 12 13 s\ LA c ).LAUN 14 IS y No. 5679 yi E.0.09/30/2002 v 16 oe2 17 OF CAOi 1B 19 20 21 22 23 24 25 26 27 28 )9 30 .: 31 1 1 nx�ys_>0M0:1\wr n♦l. ,r1.4_ol.opo-:0O.131.02 ro111:ri:A,. .VUwmb[I I!.gMl! SllQct 2 0(2 Resolution No. 06-108 Page 7 of 12 EXHIBIT DIV 26TH ST POC I N O N � I m 1 1 Q - I � rn 1 1 � u HOFER PROPERTIES LLC uv Pn+ro. :Ds-.v- . w i W TPOB PoAT10IN O; D < -r •1 I f m ; � I I Z TFIAI CT njj.AP 2203 o D CR m N N < BUDiS 3 0 N 0 LL r PAGE 05- I 134• 1 � W 0 N 33" I I01' 40 n � p LIT i e � j 4 �- 2 2 i O 0 ` F= � U U NIN I i DLSCP VIIM, 1 N Tlw U l°T I p 18ACt WI IN THE CI IT fi g1NCM0 to CT "I rr°E. OF 2 CDLWTT p E1N pEPMIPpIXp. STATE °[ C41fp9Xu _ N[ CN P S OE� E/PJE YlYn r� V �. W� . Intl nl-I➢l :pl) 5rp0.0! Resolution No. 06-108 Page 8 of 12 EXHIBIT "BE' 1 N6'4 723 36' 27Z 8' f I I I r-I D HOFER PROPERTIES LLC i N G m ARx �. zoe-Axl- oz I m Z r I z z D �W o PORTION OF ' o W � m a � LOT 1 I W Z 1131' N r O U 33' Ipl' TRACT 1MAP 2203 t WW � BOOK Ialn B OOK a� _11 a 34 30' I ' I p"\eE "35 ;--------1 1 I U I V I u � I m I m u ^ o z z I U U + N N i � Ej:"HUMBOLT AVE N69'5 6'39"W 30Sa =EscniFnyl• . VORnw I LOT I M IR.C1 IM tME a,11o< RANCHO CUCA.IOMu• SHEET 2 OF 2 CM. Ol $.I SER..RRIMO. SINE OF [ALUMNI.. SME. MOVE P SGFTED. L" E�p M A 5 GRAFTED. LWLPJF mn>v-+Rx mn le-.0 o..l �cR zuns:oo.oE Resolution No. 06-108 Page 9 of 12 P S 0 m A S I EXIMIT `A-I s LEGAL DESCRIPTION 3 TEMPORARY CONSTRUCTION EASEMENT 4 5 (APN 209-131-02) 6 THAT PORTION OF LOT 1 OF TRACT MAP 2203,IN THE CITY OF RANCHO 7 CUCAMONGA.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, 9 FILED IN BOOK 34,PAGE 65,RECORDS OF SAID COUNTY,MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: - to I I COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (134 FEET WIDE)AND JERSEY BOULEVARD(80 FEET WIDE)AS SHOWN ON 13 PARCEL MAP 4256 PER MAP FILED IN BOOK 38 PAGES 64 AND 65 OF PARCEL 14 MAPS,OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTHERLY ALONG 15 THE CENTERLINE OF HAVEN AVENUE SOUTH 0'28'10"EAST 144.46 FEET; 16 THENCE LEAVING SAID CENTERLINE NORTH 89'56'39"WEST 33.00 FEET TO 17 A POINT ON THE WEST RIGHT OF WAY LINE OF SAID HAVEN AVENUE AND 18 THE TRUE POINT OF BEGINNING:THENCE LEAVING SAID WEST RIGHT OF 19 WAY LINE NORTH 89'56'39"WEST 116.00 FEET TO A LINE DRAWN 20 PARALLEL WITH AND DISTANT 116.00 FEET MEASURED AT RIGHT ANGLES 21 FROM SAID WEST RIGHT OF WAY LINE;THENCE SOUTHERLY ALONG SAID 22 PARALLEL LINE SOUTH 0'28'10"EAST 341.67 FEET;THENCE 23 NORTH 89'19'1 a"EAST 19.64 FEET;THENCE SOUTH 0'41'05"EAST 69.46 FEET; 24 THENCE SOUTH 89'26'21"WEST 9.60 FEET TO A LINE DRAWN PARALLEL 25 WITH AND DISTANT 105.70 FEET MEASURED AT RIGHT ANGLES FROM THE 26 WEST RIGHT OF WAY LINE OF HAVEN AVENUE;THENCE ALONG LAST SAID 27 PARALLEL LINE SOUTH 0'28'10"EAST 180.69 FEET;THENCE LEAVING LAST 21 SAID PARALLEL LINE NORTH 89056'59"WEST 45.00 FEET TO A LINE DRAWN 29 PARALLEL WITH AND DISTANT 150.70 FEET MEASURED AT RIGHT ANGLES 30 FROM THE WEST RIGHT OF WAY LINE OF HAVEN AVENUE;THENCE ALONG 31 LAST SAID PARALLEL LINE SOUTH 0'28'10"EAST 110.33 FEETTO THE - mwrc+.001ae.u.ervpwepr.�p„-los-r]r.o2.ra. .9snasee s.wemlcrit�m ,_.�M Shmt 1 oft Resolution No. 06-108 Page 10 of 12 PSOMAS I NORTH LINE OF HUMBOLDT AVENUE(280 FEET WIDE)AS SHOWN ON SAID 2 TRACT MAP 2203;THENCE ALONG SAID NORTH LINE SOUTH 89°56'39"EAST 3 116.40 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 34.30 FEET 4 MEASURED AT RIGHT ANGLES FROM SAID WEST RIGHT OF WAY LINE; .. 5 THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE 6 NORTH 0'28'10"EAST 308.60 FEET;THENCE LEAVING LAST SAID PARALLEL 7 LINE NORTH 6045'53"EAST 272.38 FEET TO SAID WEST RIGHT OF WAY LINE; 8 THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE 9 NORTH 002810"WEST 122.87 FEET TO SAID TRUE POINT OF BEGTNNrNG. IO 11 CONTAINING 1.534 ACRES MORE OR LESS. 12 13 SEE EXHIBIT'B'ATTACHED HERETO AND MADE A PART HEREOF 14 15 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 16 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 17 ACT OF THE STATE OF CALIFORNIA. 1t . 19 PREPARED UNDER THE DIRECTION OF 20 21 1 22 n � Sn^S 24 KAKI I.LAUN N,PLS 5679 DATE - 25 LICENSE EXPIRES 09/30/05 26 27 pHK LA 0 28 (,G'�p.= 29 p Nu 5679 ,y 30 VP tom 314cwus ' s:�e.±cowm.�.rvo+evew.m�"-,os-uiQ-�".ov=asam ' �mu.mos - t�: Sheet 2 of 2 Resolution No. 06-108 Page 11 of 12 EXHIBIT ,.BEE_i JERSEY HALSTEAD FAMILY PARTNERSHIP POC BLVD c 1RN No. i09-UI- of 5026.10'E 144 46' T POB N6956.39�W 11600' uz um pm ?w �c b ,g HOFER PROPERTIES LLC mo a. •vr-o•-al 116.00' F POFMONI OF o N LOT 11 o R TRACT N1AP 2203 D BOOK 34 I PACE 05 Z b a m 134' W ar +m• n n 2 N69'{'19 10-E 19 fi 50.41'05-E 69 46' EE SHEET 2 OF 2 OESCRIF1 ION•R 1EVORUI3 CONSTRICTION E4SE@NT FOR • PQ TIM OF L07 I OF TRACT u UO3. - SHEET I OF 2 iN THE Citi OF Rucxo CYCWONO4, =.I' OF UN 11111 101l4S, Solt• ROBE SUTE OF m"GARu. 0R4nc0• Eat PS O M A S a EEFEI• ENN,PJF N•I TR-+m ON11•>•RW RW kW R MS200�Os Resolution No. 06-108 Page 12 of 12 EXHIBIT SEE SHEET I OF 2 VARIES SO'41'051 N6'45'53-E 6946' _ 27238' - S89'?6'21"W 960 HOFER PROPERTIES LLC N 0 IJ m POFrr1ON OF o 0 'LOT 1 o TRACT MAP 2203 Ios.7o 134• BOOK 34 $ u• 1tO1- P PAGE 68 NB956'59"W 45 00' 34.30' 2 D Z < m� l 150.70' C 11640' O 0 e RU- 0 AVE rCLiMIRY EDXSTRUC,iw E•SEYCNr Gw • IK c' w Lor i w ,R.c, xRv rtoa. 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