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Home My WebLink About89-235 - Resolutions RESOLUTION NOJ 891235 A.RESOLUTION OF TBE 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 CUCAMONGA AND.MAKING .FI.ND)NGS IN SUPPOBT THEREOF A. Recitals. (il The City Jf Rancho Cucamonga has. conducted a study~perta(hing.'to the development, design, construction and improvement of the proposed NORTHEAST. COMMUNITY PARK Project. Based upon the study coqdu~t~,s.it has been determined that the most reasonable and feasible plan of development for the proposed park project will require the acquisition of that certain real p~operty,'(APN: 0225-131-16) more particularly desCribed ~ag_fo~]9~}: .The south 630 feet, measured along .the west line of the northwest ...one-quarter of the northeast one-quaKter of Secti.on.~8, Tqwnship 1 North, Range 6 West, San Bernardino, State of CalifoAnia, according to the official plat thereof. Except therefrom that p~rtion 1.ying Within thJ'~ollowing described line: .... . .......... . Begioning at the northeast corner-of said Lnorthwest one-quarter of the northeast one-quarter; thence south O0 degrees 04 minutes 16 secbnds, east, 1321.20 feet,.to the southUast corner of said northwest 'one-quarte~ of the northeast one-quarter; thence south 89 degrees 10 minutes O0 seconds west, 290.00 feet, along the. south 1.ine of said northwest one-quarter of the northeast one-quarter; thence north 05 -. degrees 24 minutes-O0 seconds iwest,.22~.OO-feet;,thence north 13 degrees 15 minutes O0 seconds east, 456~O0..feet; thence north 04 degrees 36 minutes O0 seconds west, 413.00 feet; thence north 17 degrees 04 minutes'O0 ~econds west, 244~00 feet, to.a point in the no~th line .of. sa.id, northwest.~one~quarter ~of .the ~northeast one- quarter; thence north 89 degrees 09 minute~.40'seco~ds east, 310.66 feet, along said north line to the Point of Beginning. N~te: The above described proper.ty is included.within-land shown as a portion of L6ts 3, 4, .5, 6, Block ~'A",.Etiwanda Colony Lands, " County of San Be.rna~dino, State Of California, as pe~ Map record~d..in ..... 'Book 2, Page 24 of M~p%, iq the.O~fice of the County 'Recorder. of. Said county. -. ~. ~ .- .. (ii) Pursuant to the provisions of California..Government Code S~ction,?267.2, pti'or to. adopting'this~Resolutio~, the City has'made an of. fer to the owners' of record to acquire the .prop~rty'for the ful~ amount of fair ~market val.ue as established by independent, appraisal valuations; .. ('iii') Pursuan~ tJ California Government Code Sections 38010 and 40404, a City may acquire private property by condemnation when it is necessary for the construction and improvement of public parks; Resolution No. 89-235 Page 2 (iv) On May 17, 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 conc]~'ded prior to the adoption of this Resolution; and, (~) 'All legal 'pre~equisites..have o~curred prior to the.adoption of this Resolution. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho'~J~a, Joes h~r~bY fin~,..determine anU resolVe.as,.follows: . SECTION 1: In.all respects as set forth in the. Re~itals,'~art'A','of ~his,Resolqtion .SECTION 2:' That the real proper~y~wh]~?¢~'is-~qu~Ked ~fo~,~th~ pqrk project referenced herein is situated in the City of Rancho Cucamonga, County of San Bernardino, State of Ca)ifomnia, and. is more specifically outlined in the legal description and map attached hereto as Exhibit. YA" And incorporated hereby by this reference, SECTION 3: Based upon substantial evidence presented to ~his Council .d~ring the' above-referenced p~bli~ hearing, including written and oral staff reports, the City Council specifically finds as follows: -a.. The public 'interest and necessity.requi're~the pro.posed project; . 'b. The propose~i~.'p~oject~i~. ~.a~n~J"YQ~']Io~d~i~".t~e]'manner that Will.be most compatibl~ with the greatest public good and the least private injury; c. The prope~dqfined i~"~his'Resol.u~ion i~ necessary for the prop~sqd project~ ~. d.., ~n'o~fer. of~faip market'Value'has been m~de t~ ~the ~wners of said .real property pursuant .to..~he'.terms o( California .Government Code S'. ~S .. Section 7267.2... SECT~6N ~:' The ~i~y Council hereby dec~ares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain..~ The City Attorney is ordQred, and directed to bring an action in the ]Sbp~rj~r Cgurt,o~ the. Stat~ of California ~or the County of S@n BeYnardino, in ''the. nam~ of the City of Rancho Cucambnga against all owners'and claimants of the property described herein for the purpose of condemning for development of a public park, and to do all things necessary to prosecute said action to its final determination in' accordance., with the prov. isions .of ].a~ applicable thereto. The City Attorney is author.ized and instructed to ma~b' applications to ,said Court for an Orde~ f~xi~g the amount .of securit~ ~y~way of money deposits as ~a~ be directed by.~ai.d Cour~ and 'for an Order permitting £he City to take possession and use of said real property for the purposes herein described, Resolution NoJ 89-235 Page 3 SECTION 5: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 17th day of May, 1989. AYES: Alexander, Brown, Buquet, Wright NOES: None ABSENT: Stout ATTEST: 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 17th day of May, 1989. Executed this 18th day of May, 1989 at Rancho Cucamonga, California. Beverly/A. Authelet, City Clerk Resolution NoJ 89-235 Page 4 EXHIBIT "A" Legal Description That certain real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California and described as follows: The south 630 feet, measured along the west line of the northwest one-quarter of the northeast one-quarter of Section 28, Township i North, Range 6 West, San Bernardino, State of California, according to the official plat thereof. Except therefrom that portion lying within the following described line: Beginning at the northeast corner of said northwest one-quarter of the northeast one-quarter; thence south O0 degrees 04 minutes 16 seconds east, 1321.20 feet, to the southeast corner of said northwest one-quarter of the northeast one-quarter; thence south 89 degrees 10 minutes O0 seconds west, 290.00 feet, along the south line of said northwest one-quarter of the northeast one-quarter; thence 05 degrees 24 minutes O0 seconds west, 233.00 feet; thence north 13 degrees 15 minutes O0 seconds east, 456.00 feet; thence north 04 degrees 36 minutes O0 seconds west, 413.00 feet; thence north 17 degrees 04 minutes O0 seconds west, 244.00 feet, to a point in the north line of said northwest one-quarter of the northeast one-quarter; thence north 89 degrees 09 minutes 40 seconds east, 310.66 feet, along said north line to the Point of Beginning. Note: The above described property is included within land shown as a portion of Lots 3, 4, 5, 6, Block "A", Etiwanda Colony Lands, County of San Bernardino, State of California, as per Map recorded in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County. L 131 EXHBTA R.C. 12.9 _ Resolution NoJ 89-235 Page 5 ~ ........ ~ .... ,~ --_~ ..... ~ ...... ~i'-' "' ' [ Plat Map ]