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HomeMy WebLinkAbout87-580 - Resolutions RESOLUTION NO. 87-580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO GJCAMDNGA. CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO ~3 CAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) The City of Rancho Cucamonga has conducted a study pertaining to the des fEn, construction and aliEnment of a storm drain and street widening project for Hillside Road. Based upon the study conducted, it has been determined that the most reasonable and feasible aliEnment for the proposed storm drain and street widening will require the acquisition of a riEht-of-way across a portion of a residentially zoned parcel, more particularly described herein: ........ (i]3.. Pursuant to the.provisions. of. California Government. Code Section 7267.2, prior to adopting this Resolutlon, 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 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 acqueducts I (iv) On October 21, 1987, 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 Resolutlonl and, (v) All legal prerequisites have occurred prior to the adoption of this Resolution. B. Resolution. NC~, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Resolution No. 87-580 Page 2 SECTION 2: That the portion of the property which is required for a right-of-way for storm drain and 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 is necessary for the . .. proposed. project; and, d. An offer of fair market value has been made to the c~ners 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 Superior Court of the State of California for the County of San Bernardino, in the name of the City of Rancho Cucamonga, against all c~ners and claimants of the properties described herein for the purpose of condemning and acquiring a right-of-way for storm drainage and street purposes, and to do all things necessary to prosecute said action to its final determination in accordance with the provisions of lay 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 21st day of October, 1987. AYES: Brown, Buquet, Stout, King, Wright NOES: None ABSENT: None ~~ Dennis L. Stout, Mayor Resolution No. 87-5 80 Page 3 ATTEST: B evrle.yAu h~ 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 21st day of October, 1987. Executed this 22nd day of October. 1987 at Rancho Cucamonga, Ca1 ifornia. Beverly A. Auth~ Resolution No. 87-580 Page 4 LEGAL DESCRIPTION That portion of the southeast quarter of Section 22, Township 1 North, Range 7 West, S.B.M., according to Government Survey, in the City of Rancho Cucamonga, County of San Bernardino, State of California, that was deeded to Donald G. Ewen and Miki E. Ewen October 9~ 1984, by deed recorded as Instrument No. 84-240987 lying northerly of the following described line: Beginning at the northeast corner of Lot 36, Tract No. 9569, as per plat recorded in Book 139, Pages 8 through 10, inclusive, of Maps, records of said County, said point being on the south line of Hillside Road as shown on said map; Thence S 88 degrees 14' 44" E a distance of 329.64 feet, more or less, to the most southwesterly comer of the land conveyed to said County for Hillside Road by deed recorded July 11, 1972 in Book 7974, Page 855, Official Records of said County. ,,, · ;' ~0P[RTY /; , i , ..... :,-;;! ;: ~::.' ....~... · :c~0~.~T[D F,~',G :,E'Er,' 1c. &~-t.~lll. alll . DfD~Cih0~ I'e Iw(m el' , , ' ': ' ,, II ' EXHIBIT "A"