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Home My WebLink About12-187 - Resolutions RESOLUTION NO. 12-187 A RESOLUTION OF CONSENT FOR THE CITY OF RANCHO CUCAMONGA TO ACQUIRE STREETS AND HIGHWAY RIGHTS-OF-WAY WITHIN THE CITIES OF RANCHO CUCAMONGA AND FONTANA AND AGREEMENT BY THE CITY OF RANCHO CUCAMONGA TO HEAR RESOLUTIONS OF NECESSITY ASSOCIATED WITH THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT WHEREAS, the City of Rancho Cucamonga ("Rancho Cucamonga") is proposing to reconstruct the 1-15 Interchange at Base Line Road. ("Project"); and WHEREAS, the Project includes the construction of improvements within the city limits of Rancho Cucamonga and Fontana; and WHEREAS, Rancho Cucamonga entered into a Cooperative Agreement with the State of California on or about November 30, 2009, for the purposes of reconstructing the 1-15 Interchange at Base Line Road within the cities of Rancho Cucamonga and Fontana ("Cooperative Agreement"); and WHEREAS, pursuant to the Cooperative Agreement, Scope: Right of Way (R/W), Paragraphs, 51-56, Page 8 of 18, Rancho Cucamonga was delegated all Right of Way acquisition duties, which included the acquisition of real property by eminent domain as part of the Project; and WHEREAS, pursuant to the Cooperative Agreement, the California Transportation Commission ("CTC") was delegated the authority to adopt Resolutions of Necessity prior to the commencement of eminent domain, Paragraph 56, Page 8 of 18; and WHEREAS, pursuant to the Cooperative Agreement, upon completion of the Project, the Property Interests will be delivered to the State of California, Department of Transportation, pursuant to the Cooperative Agreement, Scope: Right of Way (R/W), paragraphs 55; and WHEREAS, as part of the Project, Rancho Cucamonga is now seeking to acquire property interests consisting of highway easements, temporary construction easements and abutter's rights (the "Property Interests') from fourteen properties located within the boundaries of Rancho Cucamonga and Fontana for the purpose of constructing the improvements associated with the Project; and The property and Property Interests are identified as: No Owner's Name Property Location Caltrans Larger Interest Parcel Parcel Sought Nos./APNs. (sq/ft) 1 James M. Tamayo Sr. 7175 Green Court 22591-1/ 13,696 249 fee Rancho Cucamonga, CA 0227-012-01 1072 tce 2 RBF Associates Inc. Rancho Cucamonga, CA 22592-1/ 83,200 810 fee 0227-012-24 1226 tce Abutter's rights 3 KB Home Greater Los Common Area 22434-1/ 1,982.74 1,982.74 fee Angeles Inc. Rancho Cucamonga, CA 0227-582-04 4 Rozana aka Roxana 7195 Acorn Place 22678-1/ 9,448 Abutter's and Juan Rivera Rancho Cucamonga, CA 0227-69349 rights 5 Satinderjit S. and Simrit 7201 Acorn Place 22679-1/ 9,221 Abutter's Bhatti Rancho Cucamonga, CA 0227-693-50 rights 6 Jose H. and Debra R. 7211 Acorn Place 22680-1/ 9,004 Abutter's Gamero Rancho Cucamonga, CA 0227-693-51 rights 7 SFR 2010-2 REO 7221 Acorn Place 22681-1, -2/ 8,474 Abutter's Corporation Rancho Cucamonga, CA 0227-693-52 rights 8 Carlos A. Landino 7231 Acorn Place 22682-2/ 11,477 Abutter's Rancho Cucamonga, CA 0227-693-53 rights 9 Gerald Lopez and 13089 Falling Oak Drive 22596-1/ 14,497 879 fee Dannelle R. Carpio Rancho Cucamonga, CA 0227-693-54 Abutter's rights 10 Victor Campos and 13079 Falling Oak Drive 22597-1/ 12,945 40 fee Rosenda Perez Rancho Cucamonga, CA 0227-693-55 1079 tce Abutter's rights 11 Cucamonga Estates 13039, 13049, 13059 & 22598-1/ 45,658 726 tce 52, LLC 13069 Falling Oak Drive 0227-693-56 Abutter's Rancho Cucamonga, CA thru 59 ri hts 12 Tesoro Sierra 13539 Baseline Avenue 22601-1, -2/ 91,476 4383 fee Properties, LLC Fontana, CA 1100-771-01 4150 tce 13 Pacific/Costanzo/Lewis 13479 Baseline Avenue 22602-1, -2, - 52,707 5168 fee - Fontana, a California Fontana, CA 3/ 1100-771- 4040 tce general partnership 02 Abutter's rights 14 Richard P., Darlene L. 7391 East Avenue 22603-1, -2/ 206,038 381 fee and Anthony C. Chado Fontana, CA 1100-771-08 317 tce Abutter's rights Resolution No. 12-187 - Page 2 of 4 WHEREAS, Rancho Cucamonga and Fontana have a mutual interest in improving traffic and promote safety for the public using the 1-15 and Base Line Road Interchange in their respective cities, and WHEREAS, public agencies pursuant to Government Code § 6500 et seq. ("Act"), by agreement, may jointly exercise any power common to them, and therefore can enter into extra- territorial agreements that will allow one public agency to condemn real property on behalf of another public agency; and WHEREAS, Rancho Cucamonga and Fontana are public agencies within the meaning of the Act and possess the common power to acquire and maintain real property and improvements thereon for streets and highways purposes; and WHEREAS, Rancho Cucamonga desires to consent to the acquisition of the above right-of-way by Rancho Cucamonga within the Cities of Rancho Cucamonga and Fontana, pursuant to California Code of Civil Procedure Sections 1240.140 (a) and (b), and Government Code Section 6500 et seq.; and WHEREAS, Fontana authorized Rancho Cucamonga to initiate and acquire real property or commence eminent domain proceedings on its behalf to acquire the Property Interests in Fontana, if such action is necessary; and WHEREAS, eminent domain may be necessary in order to maintain the Project schedule. A State Statute administered under the oversight of the State of California- Department of Transportation ("Caltrans") allows the City of Rancho Cucamonga to hear and adopt Resolutions of Necessity for the acquisition of property needed for projects on the State highway system. As a requirement, approval for the City of Rancho Cucamonga to hear Resolutions of Necessity must be first obtained from the Caltrans Right-of-Way Division; and WHEREAS, recent procedural provisions imposed by Caltrans contained specifically in the Caltrans Right of Way Manual, Chapter 17 of Local Programs, regarding eminent domain and condemning authority, now require that the a Local Public Agency ("City of Rancho Cucamonga") pass a resolution agreeing to "hear' the Resolution of Necessity for projects on the State Highway System in advance of the hearing and prior to receiving approval from Caltrans. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, RESOLVE, ORDER AND DETERMINE AS FOLLOWS: Section 1. Pursuant to California Code of Civil Procedure Sections 1240.140 (a) and (b) and Government Code Section 6500 et seq, the Council of the City of Rancho Cucamonga (the "City Council") hereby consents to the City of Rancho Cucamonga acquiring rights-of- way from the eleven (11) properties within the City of Rancho Cucamonga and three (3) properties within the City of Fontana by purchase or by eminent domain, for the purposes of constructing the improvements associated with the Project. Section 2. The City Manager is authorized and directed to execute any Agreement with the City of Fontana concerning the acquisition of the right-of-way necessary for the Project including advancement of any payments by the City of Rancho Cucamonga for all right-of-way acquisition fees and costs associated with these acquisitions. Section 3. The City Council agrees to hear the Resolution of Necessities associated with the Project should such action become necessary at a future date. please see the following page for formal adoption,certification and signatures Resolution No. 12-187 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 5"' day of December 2012. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None r L.4Xr(nis*V ichael, Mayor ATTEST: nice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, 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 5'" day of December 2012. Executed this 6"' day of December 2012, at Rancho Cucamonga, California. nice C. Reynolds, City Clerk Resolution No. 12-187 - Page 4 of 4