HomeMy WebLinkAbout82-95 - ResolutionsRESOLUTION NO. 82-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SETTING TIME AND
PLACE FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION
OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS
WHEREAS, the City Council of the City of Rancho Cucamonga,
California (hereinafter referred to as "Agency"), is conducting proceed-
ings for a special assessment district pursuant to the terms and provisions
of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the construction
of certain public works of improvement, together with appurtenances and
appurtenant work in connection therewith, including acquisition where
necessary; said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 82-1
(hereinafter referred to as the "Assessment District"); and
WHEREAS, under said special assessment district proceedings,
it will be necessary that certain right-of-way acquisition be made in
order to accomplish the construction of the works of improvement as
proposed, and at this time this governing body is desirous of setting a
time and place for a public hearing on the adoption of a Resolution of
Necessity relating to the rights-of-way and/or easements not yet acquired
for the project and improvements in said Assessment District; and
WHEREAS, there has been presented to this Agency for consider-
ation, a proposed Resolution of Necessity to Exercise the Right of
Eminent Domain relating to this Assessment District, a copy of which is
on file with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That certain right-of-way acquisition is necessary
for the accomplishment of the improvements as proposed for the Assessment
District, and said rights-of-way are as set forth and described in the
proposed Resolution of Necessity to Exercise the Right of Eminent Domain,
a copy of which is on file with the transcript of these proceedings,
with an Exhibit attached thereto setting forth the proper and legal
description of all rights-of-way to be acquired.
SECTION 3: That notice is hereby given that on Thursday, the
21st day of July, 1982, at the hour of 7:30 p.m., in the special meeting
place of Agency, being the Lion's Park Community Center, 9161 Base Line
Road, Rancho Cucamonga, California, any and all persons where easements
or rights-of-way are to be acquired, will have an opportunity to appear
and to be heard on the matter of the adoption of the Resolution of
necessity to exercise the right of eminent domain to acquire easements
and rights-of-.!ay necessary for the proposed improvements in the Assess-
ment District All persons objecting to the public interest and necessi-
ty for the project and the determination.as to whether or not the project
is planned or located in the manner which will be most compatible with
the greatest public good, and the necessity for the property to be
acquired, should be present at said time and place. Pursuant to Section
1245.235 of the Code of Civil Procedure, the failure to file a written
request to appear and be heard within fifteen (15) days after the mailing
of this notice will result in a waiver of the right to appear and be
heard.
Resolution No. 82-95
Page 2
SECTION 4: That for further particulars, reference is made to
the proposed Resolution of Necessity, with the Exhibits attached thereto,
as on file with the transcript of these proceedings, and to Section
1245.235 of the Code of Civil Procedure and related Sections thereto.
PASSED, APPROVED, and ADOPTED this 19th day of May, 1982.
AYES: Dahl, Buquet, Frost, Mikels
NOES: None
ABSENT: Schlosser
ATTEST:
Lauren M. Wasserman, City Clerk