HomeMy WebLinkAbout89-239 - Resolutions RESOLUTION NO~ 89-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, 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, APN 209-041-32, 33 AND 34
A. Recitals
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the design, construction and street widening project for Arrow Route. Based
upon the study conducted, it has been determined that the most reasonable and
feasible alignment for the proposed street widening will require the
acquisition of a right-of-way across a portion of the property known as 10025
Arrow Route (vacant lots), more particularly described herein;
(ii) 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 property for the full amount of fair
market value as established by independent appraisal valuations;
(iii) Pursuant to California Government Code Section 40404, a City
may acquire private property by condemnation when it .is necessary for
extending and widening streets, as well as for the construction of drains,
sewers and aqueducts;
(iv) On June 7, 1989, this Council held a duly noticed public
hearing pursuant, to the terms of California Code of civil Procedure Section
21245.235 and said public hearing was concluded prior.to the adoption of this
Resolution; and,
(v) All legal prerequis'ites have occurred prior 'to the adoption of
this Resolution.
B. Resolution
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga 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 portion of the property which is required for a
right-of-way for street widening purposes 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 as
Exhibit "A" and incorporated herein by this reference.
Resolution No. 89-239
Page 2
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 project; and,
d. An offer of fair market value has been made to the owners of
said real property pursuant to the terms of CaliforQia Government
Code Section 7267.2.
SECTION 4: The City Council hereby declares its intention'to acquire
the property described in Section 2, above, by proceeding,s 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 described herein for the purpose of condemning and .acquiring a
right-of-way for street purposes, and to do all things necessary to prosecute
said action to its. final determination in accordance with .the provisions of
law applicable thereto. The City Attorney is authorized and instructed 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 City to take possession and use of said real property for the
uses and purposes herein described.
SECTION 5: The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, and ADOPTED this 7th day of June, 1989..
AYES: Alexander, Brown, Buquet, Stout, Wright
NOES: None
Dennis. L. Stout, Mayor
Resolution No. 89-239
Page 3
ATTEST:
Beverly ~(. Authelet, City Clerk
I, BEVERLY A. AUTHELET, 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 7th day of
June, 1989.
Executed this 8th day of June, 1989 at Rancho Cucamonga, California.
Bever/l~y A. Authelet, City Clerk
Resolution No. 89-239
Page 4
EXHIBIT "A"
BEGINNING
A
21