HomeMy WebLinkAbout94-021 - ResolutionsRESOLUTIONNO. 94-021
A RESOLUTION OF ~HE CITY O0t~ OF THE CITY OF RANCHO
~ D~CLARING THE PUBLIC NFFn AND NqDCESSITY TO
OOND~ A PORITON OF ~ REAL PROPerTY ~ IN q~E
CITY OF RANC~0 ~, C~T~F~%NIA, ASSESSORS PARCEL
NO. 0229-O21-54 FOR THE INSTAT~ATION OF STREET AND STORM
DRAIN IMP~OV~M~S
A. Recitals.
(i) ~he City of Rancho O~mn~ga b~-~ conducted a study
perta/ning to the installatic~ of street and storm drain improvements
(hereinafter referred to as the "project"). Based upon such analysis, it has
been determined that the most reasonable and feasible plan for the project
will require the acquisition of an e~.~=m~nt over a portion of that certain
real property known as Assessors Parcel No. 0229-021-54 more particularly
described in the attached Exhibit "A";
(ii) Pursuant to California Government COde Sections
40404(a) and 40404(b), a City may acquire private property by cond~m~tion
when it is nece~ry for the establishing, laying out, extending and widening
streets and rights of way for drains, sewers and aqueducts;
(iii) Pursuant to the provisions of California Gove~-~m,~__.nt
Code Section 7267.2, prior to adopting this Resolution the City has made an
offer to the owner of record to acquire tb~ property for the full amount of
fair marketvalue as established by an independent appraiser;
(iv) On FebD~a~y 2, 1994, this Council held a duly noticed
hearing pursuant to the terms of California Code of Civil Procedure Section
1245.235 and said hearing was concluded prior to the adoption of this
Resolution; and,
(v) All legal prerequisites have occurred prior to the
adoption of this Resolution.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by
the City Oouncil of the City of Rancho Cucamonga as follows:
S~L~U/ON 1. In all respects as set forth in the Recitals,
Part A, of this Resolution.
S~2TION 2. ~nat the real property which is required for the
installation of street and storm drain improvements referenced herein is
situated in the City of Rancho Cucamonga, County of San Berr~rdi~o, State of
California, and is more specifically outlined in the legal description and map
attached herto as Exhibit "A" and incorporated herein by this reference.
S~'~fION 3. Based upon substantial evidence presented to this
Council during the above-referenced public hearing, including written and oral
staff reports, the City Council specifically finds as follows:
Resolution No. 94-021
Page 2
ae
The public interest and necessity re~ire the proposed
b. Tb~ 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 bm-~ been made to the
owners of said real property pursuant to the terms of California Gove~,,,,ent
COde Section 7267.2, which offer has bee~l rejected.
SECTION 4. The City Omn~il hereby declares its intention to
acquire the property described in Section 2, above, by ~ in emineut
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 Be~, in
the name of the City of Rancho Cucamonga, against all owners and claimants of
the pr~ described herein for the purpose of the installation of street
and storm drain /a~c~ents, 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
applicatic~ls to said Court for an Order fixing the amount of security by way
of mc~ley 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.
The City Clerk shall certify to the adoption of
PASSED, APPRfTv~D, and ADO~ this 2nd day of February, 1994.
AYES: Alexander, Buquet, Gutierrez, Stout, Williams
NOES: None
ABS~qT: None
J. ~z~m~, City Olerk!
Resolution No. 94-021
Page 3
I, DF~RA J. ADAMS, CITY c~.FRK of the City of Rancho O~camonga, California, do
hereby certify that the foregoing Resolution was duly pa.~, ap~, and
adopted by the City Oouncil of the City of Rancho O~monga, California, at a
regular meeting of said City Oouncil held on the 2nd day of Fe___hruary, 1994.
Executed this 3rd day of February, 1994, at Rancho O~amonga,
California.
Resolutic~ No. 94-021
Page4
LEGAL DESCRIPTION
A.P.N. 0229-021-54
Street and Highway Related Purposes
That portion of the Rochester Avenue (Orange Avenue)
vacated per Instrument recorded December 18, 1936 in Book 1177,
Page 320 of Official Records, bounded on the North by the
Westerly prolongation of the Northerly line of the South 1/2 of
Lot No. 108, and on the South by the Westerly prolongation of the
southerly line of Lot No.107, Map of Rochester, as per map
recorded in Book 9, Page 20 of Maps in the Office of the Recorder
of the County of San Bernardino, State of California, described
as follows:
The Westerly 24 feet of said vacated Rochester Avenue
(Orange Avenue).
Approximate Area:
11,880 Sq. Ft.
0.2727 Acres
Storm Drain and Surface Overflow Purposes
That portion of Lot No. 107 and the Southerly one-half
of Lot 108, Map of Rochester, in the County of San Bernardino,
State of California, as per map recorded in Book 9 of Maps, Page
20, in the Office of the County Recorder of said County.
The Westerly 12 feet of the Easterly 382.00 feet
thereof excluding the Southerly 50.00 feet therefrom.
Approximate Area:
5,340 Sq. Ft.
0.1226 Acres
N\ 13 ? \ DOWNEY\LEGALDES
Exhibit "A"
Resolution No. 94-021
Page5
.~_.. ROCHESTER IORA_G~I ....... ~ENUE
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oo
Exhibit "A"
Resolution No. 94--021
Page6
FOOTHILL.BLVD.
~ I
W
W
LEGAL DE;CRIpTION
I
I
.--'NORTIIW£ST CORNER SOUTH ~t LOT lOB
LNORTHERLY LINE
SOUTH& LO?
30' 30' /
,..J "~ /*'~-~4'
'SOUTH ~ LOT 100
tnI--
.~-. ,~OUTHERL~..Y LINE LOT 108
LY LINE: LO? 107
M.B. g F;G, ~-O
LOT 107
~----'~ WF..$'rEI~LY LINE LOT 107
APPROXIMATE AREA
It.g80 t.f. 0.2727
[,-- $OUTttERLY LINE LOT I07
.... - SOUTHWE,qT CORNEP. LOT lO7
ARROW
ROUTE
Exhibit