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HomeMy WebLinkAbout89-237 - Resolutions RESOLUTION NO. 89-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CuCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED. IN THE CITY OF RANCHO CUCANONGA AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) The City of Rancho Cucamonga has conducted a study ~ertaining 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 10005, 10095, 10081, 10075 and 10049 Arrow Route, 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 Code of Civil Procedures, Section 1240.010(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 Code of Civil Procedures, Section 1240.010(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. (v) 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; (vi) On June 7, 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 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. Resolution No. 89-237 Page 2 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. 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 if necessary for the proposed project; and, d. An offer ~f 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 City Council hereby declares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain. The City Attorney is ordered and directed to bring an action 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 purposed, 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. 89-237 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~ A~ Authelet, City Clerk Resolution No. 89-237 Page 3 EXHIBIT "A" -~ Resolution No, 89-237 Page 4 EXHIBIT "A" -2- THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OP SAN BERNARD[NO AND IS DESCRIBED AH FOLLOWS: THAT PORTION OF THE NORTH 7 ACRES OF LOT 21, SECTION 11, TOWNStIIP 1 SOUTH, RANGE ? WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF CUC,AMONGA FRUIT LANDS, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 9 RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE ~ORTHWEST CORNER OF SAID LOT 21; THENCE EASTERLY ALONG THE NORTt{ERLY LINB OF SAID LOT, 55 FEBT; THENCE SOUTHERLY AND PARALLEL TO Tile WESTERLY LINE OF SAID LOT, 170 FEET; THENCE WESTERLY AND PARALLEL TO THE NORTHERLY~ LINE OF SAID LOT, 55 FEET; · THENCE NORTHERLY ALONG THE WESTERLY LfNE OF SAID LOT 170 FEET TO THE POINT OF BEGINNING.