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HomeMy WebLinkAbout90-022 - ResolutionsRESOLUTION NO. FD 90-022 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) The Rancho Cucamonga Fire Protection District and the City of Rancho Cucamonga have conducted and prepared a Master Plan for needed fire protection facilities to serve the present and anticipated needs of the City of Rancho Cucamonga. The principal purpose of such Master Plan was to i denti fy the projected needs of the City i n terms of fi re protecti on facilities and equipment and to develop a program for the acquisition and development of such fire protection facilities. Based upon the Master Plan, it has been determined that the most reasonable and feasible area for one such proposed fire protection facility will require the acquisition of a portion of that certain parcel of real property identified herein. (ii) Pursuant to the provisions of California Health and Safety Code Section 13861(c), a fire protection district may, for purposes of providing fire protection services, acquire real property by exercising the right of eminent domain; and (iii) Pursuant to the provisions of California Government Code Section 7267.2, prior to adopting this Resolution, the Rancho Cucamonga Fire Protection District has made an offer to the owners of record to acquire the property for the ful 1 amount of fair market value as established by independent appraisal valuations; and (iv) On August 15, 1990, this District held a hearing pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said hearing was concluded prior to the adoption of this Resolution; and (v) All legal prerequisites have occurred prior to the adoption of this Resolution. B. Resol uti on. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District 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 certain real property, the acquisition of a portion of which is necessary for the purpose of developing a fire protection facility is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and is more specifically outlined in the legal description and map attached hereto, marked as Exhibit "A" and incorporated herein by this Resolution No. FD 90-022 Page 2 reference. A 1 egal descri pti on of that porti on necessary for acqui si ti on i s attached hereto marked as Exhibit "B", and incorporated herein by this reference. SECTION 3: Based upon the substantial evidence presented to this District during the above-referenced hearing, including written staff reports, the District specifically finds as follows: The public interest and necessity require the proposed project; and 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; and The property defined in this Resolution is necessary for the proposed project; and 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 District hereby declares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain. The General Counsel to the District is ordered and directed to bring an action in the Superi or Court of the State of Cal i forni a for the County of San Bernardino, in the name of the Rancho Cucamonga Fire Protection District, against all owners and claimants of the property described herein for the purpose of condemning and acquiring fee simple title, and to do all things necessary to prosecute said action to its final determination in accordance with the provisions of law applicable thereto. The General Counsel is authorized 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 District to take possession and use of said real property for th uses and purposes herein described. SECTION 5: The Secretary of the District shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 15th day of August, 1990. AYES: Alexander, Brown, Stout, Wright NOES: None ABSENT: Buquet Resol uti on No. FD 90-022 Page 3 ~enn~isL.~St~ut~,Pre s i d e n t ATTEST: I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the 15th day of August, 1990. Executed this 16th day of August, 1990 at Rancho Cucamonga, Cal i forni a. Debra , Secretary Resol uti on No. FD 90-022 Page 4 Legal Description: Portion of Lot 3, Block 14, Cucamonga Homestead Association, Map book 6, Page 46. Assessor's Parcel No.: 1026-041-024 REMAINDER> m EXHIBIT "A" Resol uti ~n~4~. Page 5 FD 90-022 'I33BIB 'B'O £/..£/~BI9 ~: 'BVcJ 3NII 'AI N-_ ,gS'Lg 3..O~g, O0'£OE /~,.0~.9£,00 N */~ ,.Ot',9~.O0 N NVI'I3NUV3 ' ILl > d Resol uti on No. FD 90-022 Page 6 LEGAL DESCRIPTION PROPOSED FIRE STATION NO. 7 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT That portion of Lot 3, Block 14, Cucamonga Homestead Association, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 6, Page 46 of Maps in the office of the Recorder of said County, adjoining the Northwesterly and Northerly parcel lines described as Parcel 1 and 2 of that certain property conveyed to the San Bernardino County Flood Control District in Deed recorded in Book 6185, Page 373 Official Records, described as follows: BEGINNING at the point of intersection of the centerline of Carnelian Street with the Westerly prolongation of the Southerly line of said Lot 3; THENCE N 00 degrees 36 minutes 40 seconds W along the centerline of Carnelian Street a distance of 130.00 feet; THENCE N 89 degrees 23 minutes 20 seconds E along a line at right angle to said centerline a distance of 33.00 to a point in the Westerly line of said lot 3, said point being the Northwesterly corner of said Parcel 2 and the TRUE POINT OF BEGINNING; THENCE N 00 degrees 36 minutes 40 seconds W along said Westerly line of Lot 3 a distance of 303.00 feet; THENCE N 89 degrees 23 minutes 20 seconds E a distance of 11.00 feet to the beginning of a non-tangent curve concave to the Northeast having a radius of 24.00 feet through which a radial line bears S 89 degrees 23 minutes 20 seconds W; THENCE Southeasterly along said curve through a central angle of 90 degrees O0 minutes O0 seconds Resol uti on No. FD 90-022 Page 7 arc distance of 37.70 feet; THENCE N 89 degrees 23 minutes 20 seconds E a distance of 280.65 feet more or less to a point in a line parallel with and distant 70.00 feet measured at right angles from the Northwesterly line of said Parcel 1; THENCE S 37 degrees 15 minutes 49 seconds E along a Northwesterly line a distance of 70.00 Northwesterly line of said Parcel line perpendicular to said feet to a point in the 1; THENCE S 52 degrees 44 minutes 11 seconds W along said Northwesterly line a distance of 373.29 feet more or less to a point in the Northeast corner of said Parcel 2; THENCE S 89 degrees 23 minutes 20 seconds W along the Northerly line of said Parcel 2 a distance of 57.95 feet to the TRUE POINT OF BEGINNING. Approximate area = 1.505 acres