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HomeMy WebLinkAbout87-518 - Resolutions RESOLUTION NO. 87-518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCliO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals (i) The City of Rancho CdcamonSa has conducted a study pertainins to the desiSn and construction of storm drainaSe for Area VII ("Lower Turner Masterplan Storm Drain") and the aliSnment of such drain to Deer Creek Channel. The principal purpose of the proposed storm drain is to provide storm drain protection for the North Town Park proposed to be locted west of Turner Avenue and south of Feron Boulevard. Based upon the study conducted, it has been determined that the most reasonable and feasible aliSnment for the proposed storm drain will require the acquisition of a riSht-of-way easement for placement of the storm drain across a portion of three separate residential parcels= (il) Pursuant to the provisions of Ca1 ifornia Government Code Section 7267.2, prior to adoptins this Resolution, the City has made an offer to the owners of record to acquire the property for the full mount of fair market value as established by independent appraisal valuations= · (iii) Pursuant to California Government Code Section 40404 (h), a City may acquire private property by condemnation when it is necessary for riShts-of-way for drains, sewers and acqueducts; (iv) On September 16, 1987, this Council held a duly noticed public hearins pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said public hearins was concluded prior to the adoption of this Resolution] and, (v) All leSal prerequisites have occurred prior to the adoption of this Resolution. B. Resolution NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho CucamonSa as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Kesolution No. 87-518 Page 2 SECTION 2: Those portions of the three separate contiguous parcels, upon which the acquisition of a right-of-way easement for storm drain purposes is required in the public interest, are situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and are more specifically outlined in the legal descriptions and maps attached hereto as Exhibit "A", Exhibit "B" and Exhibit "C", all of which are 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's 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 w~ll 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 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 -...minent 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 properties described herein for the purpose of condemning and acquiring a right-of-way easement for storm drainage 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 16th day of September, 1987. AYES: Brown, Buquet, Stout, King, Wright NOES: None Dennis L. Stout, Mayor Resolution No. 87-518 Page 3 ATTEST: Beverly A~ 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 Cit~ Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 16th day of September, 1987. Executed this 17th day of September, 1987 at Rancho Cucamonga. California. Beverly A./ Authelet, City Clerk Resolution No. 87-518 '- Page. 4 LEGAL DESCRIPTION (STORM DRAIN EASEMENT) Assessors Parcel No. 209-085-16 An easement for storm drain purposes along that portion of Lots 1 and 2, BloCk 12, according to the Map of the Town of West Cucamonga, as per plat recorded in Book 13 of Maps, Page 1 and 2, Record of San Bernardino County; said easement more particularly described as follows: The south twenty (20) feet of said Lots 1 and 2 of said Block 12 of the Town of West Cucamonga. ' Resolution No. 87-518 ' Page 5 LEGAL DESCRIPTION (STORM DRAIN EASEMENT) Assessors Parcel No. 209-085-17 An easement for storm drain purposes along that portion of Lots 3 and 4, Block 12, according to the Map of the Town of West Cucamonga, as per plat recorded in Book 13 of Maps, Page 1 and 2, Record of San Bernardin6 County; which easement is more particularly described as follows: The south twenty (20) feet of said Lots 3 and 4 of said Block 12 of the Town of West Cucamonga. I A.T. 8 S. F RAILROAD I . .~ .~ ~ ' ., ' 'F'O\.AI ,J OF ,Sr cU '-N I ',,IGA\ MAIN S TREE T EXHIBIT "B" Resolution No. 87-518 Page 6 LEGAL DESCRIPTION (STORM DRAIN EASEMENT) Assessors Parcel No. 209-085-12 An easement for storm drain purposes along that portion of Lots 5 and 6, Block 12, according to the Map of the Town of West Cucamonga, as per plat recorded in Book 13 of Maps, Page 1 and 2, Records of San Bernardino CBunty; which easement is more particularly described as follows: The south twenty..(20) feet of said Lots 5 and 6 of said Block 12 of the Town of West Cucamonga.