HomeMy WebLinkAbout2024-017 - Resolution RESOLUTION NO. 2024-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RESCINDING
RESOLUTION OF NECESSITY NO. 2022-011, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF
IN CONNECTION WITH THE ETIWANDA GRADE SEPARATION
PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER
A PORTION OF APN 0229-162-15)
WHEREAS, the City of Rancho Cucamonga ("City") is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City sought to acquire an approximate 5,011 square foot temporary
construction easement with a term of 18 months ("Subject Property Interests") over a portion of
the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and further identified
as San Bernardino County Tax Assessor's Parcel Number 0229-162-15("Subject Property"). The
City sought the Subject Property Interests for public use in connection with the Etiwanda Grade
Separation Project ("Project").
WHEREAS, the City is authorized to acquire the Subject Property Interests by eminent
domain pursuant to Section 19 of Article 1 of the California Constitution, Government Code
Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section
1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other
provisions of law.
WHEREAS, on January 19, 2022, the City Council of the City of Rancho Cucamonga held
a public hearing in accordance with Eminent Domain Law (California Code of Civil Procedure
Section 1230.010 et seq.) and adopted Resolution of Necessity No. 2022-011, A Resolution of
the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property
Interests Necessary for Public Purpose and Authorizing the Acquisition Thereof in Connection
with the Etiwanda Grade Separation Project (Temporary Construction Easement Over a Portion
of APN 0229-162-15). Resolution No. 2022-011 found and determined that the public interest
and necessity require the acquisition of the Subject Property Interests for the Project and
authorized the City's legal counsel to commence and prosecute legal proceedings to acquire the
Subject Property Interests by eminent domain.
WHEREAS, subsequent to the adoption of Resolution No. 2022-011 but prior to the City's
initiation of an eminent domain proceeding, the City entered into an Agreement for Purchase and
Sale and Escrow Instructions ("Agreement") for the City's purchase of the Subject Property
Interests.
WHEREAS, after the Agreement was executed, the City determined that it required
property interests on the Subject Property different from those identified in Resolution No. 2022-
011 ("Updated Property Interests"). The City and owner of the Subject Property attempted to
negotiate for the City's acquisition of the Updated Property Interests; however, negotiations
stalled and the Agreement lapsed.
Resolution No. 2024-017— Page 1 of 3
WHEREAS, the City no longer seeks to acquire the Subject Property Interests identified
in Resolution No. 2022-011 because they are no longer required for the Project. This has
rendered the acquisition of the Subject Property Interests by eminent domain unnecessary.
Accordingly, it is necessary for the City to rescind Resolution No. 2022-011.
WHEREAS, the City is authorized to rescind Resolution No. 2022-011 pursuant to Code
of Civil Procedure Section 1245.260(c), and other provisions of law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES, as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2024-017, A
Resolution Rescinding Resolution of Necessity No. 2022-011, A Resolution of the City Council of
the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary
for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda
Grade Separation Project (A temporary construction easement on a portion of APN 0229-162-
15).
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2024-017— Page 2 of 3
PASSED, APPROVED, and ADOPTED this 20th day of March, 2024.
L. Dennis ichael, gayor
ATTEST:
is . Reynolds, City CleK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of
March, 2024.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21 st day of March, 2024, at Rancho Cucamonga, California.
/Oice . Reynolds, City
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
Resolution No. 2024-017— Page 3 of 3