HomeMy WebLinkAbout89-341 - Resolutions
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NOT VOTED ON -- REPLACED BY RES. #IS
89-408,409,410 & 411
RESOLUTION NO. '8'9- ~ ~ I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA 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 FOR APNIS 227-131-08, 227-111-33, 227-171-19,
1100-011-01 AND 06 AND 227-171-04
A. Reef tal s
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the design, construction and street widening project for Base Une Road.
Based ;upon the study conducted, it has been determined that the most
reasonable and feasible alignment for the proposed street widening will
requi re the acqui si ti on of ri ght-of-way across a porti on of the properti es
known as 13096, 12658, 12659, 12951 and 13053 Base Line Road and 7322 Etiwanda
Avenue, more particularly described herein:
(if) Pursuant to the provisions of California Government Code Section
7267.2, prior to adopting this Resolution, the City has made an offer to the
owners of record to acquire the properties for the full amount of fair market
value as established by independent appraisal valuations;
(111) Pursuant to California Code of Civil Procedures, Section
1240.0l0(b), a City may acquire private property in condemnation when said
property is a remnant as described in Section 1240.010(a) of said Code.
(iv) Pursuant to California Government Code Section 40404, a City may
acqui re private property by condemnation when it is necessary for extending
and widening streets, as well as for the construction of drains, sewers and
acqueducts;
(V) On July 19, 1989, this Council held a duly noticed public hearing
pursuant to the terms of California Code of Civil Procedure Section 1245.235
and said public hearing was concluded prior to the adoption of this
Resolution; and,
(vi) All legal prerequisites have occurred prior to the adoption of this
Resolution.
B. Resolution
NOW, THEREFME, it is hereby found, determi ned and reso 1 ved by the C f ty
Council of the City of Rancho Cucamonga as follows:
SECTION 1: In all respects as set forth in the Recitals, Part A, of this
Resot utlon.
SECTION 2: That portion of the property which is required for a right-of-
way tor street widening purposes is situated in the City of Rancho Cucamonga,
County of San Bernardi no, State of Californf a, and is more specifi cally
outlined in the legal descriptions and maps attached hereto as Exhibit "AII and
incorporated herein by this reference.
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Resolution
August 2, 1989
Page 2
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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:
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
proj ect; and,
d. An offer of fai r market val ue has been made to the owners of sai d
real property pursuant to the tenns of Calf forni a Goverment Code Section
7267.2.
SECTION 4: The City Council hereby declares its intention to acquire the
property descrfbed 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
descri bed herei n for the purpose of condemni ng and acqui ri ng a ri ght-of-way
for street purposes, and to do all things necessary to prosecute sai d action .
to its final determination in accordance with the provisions of law applfcable
thereto. The City Attorney is authorized and fnstructed to make applications
to saf d Court for an Order ff xi ng the amount of securi ty by way of money
deposits as may be directed by said Court and for an Order pennfttfng the Cfty
to take possessi on and use of sai d real property for the uses and purposes
herein described.
. SECTI" 5:
Resol utfon.
The City Clerk shall certify to the adoption of this
PASSED and ADOPTED this
day of
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Mayor
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Resolution
August 2, 1989
Page 3
I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, do
hereby certi fy that the foregoi ng Resol uti on as introduced at a regul ar
meeting of the City Council of the City of Rancho Cucamonga held on
the day of , 1989 and was finally passed at
a regular meetfng of the City Counc1l of the City of Rancho Cucamonga held on
the day of , 1989, by the following vote;
A YES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEf43ERS:
COUNCIL rEf43ERS:
COUNCIL MEf43ERS:
COUNCIL MEf43ERS:
ATTEST:
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Debra J. Adams, C1ty Clerk
City of Rancho Cucamonga