HomeMy WebLinkAbout90-024 - Resolutions RESQLUTION NO. 90-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND
NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY
LOCATED IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ASSESSORS PARCEL NO. 208-091-24, FOR THE ALIGNMENT,
CONSTRUCTION AND IMPROVEMENT OF THE CUCAMONGA STORM DRAIN
(PHASE )~), AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recital s.
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the alignment, construction and improvement of The Cucamonga Storm Drain
(Phase 1) in the City of Rancho Cucamonga (hereinafter referred to as the
"project"). Based upon such analysis, it has been determined that the most
reasonable and feasible plan for alignment, construction and improvement of
Cucamonga Storm Drain (Phase 1) will require the acquisition of a portion of
that certain real property commonly known by the street address of 7797
Vineyard Avenue, Rancho Cucamonga, California, Assessors Parcel No. 208-091-
24, and more particularly described in the attached Exhibit "A".
(ii) Pursuant to the California Government Code Section 40404(a), a
City may acquire private property by condemnation when it is necessary for
right-of-way for drains, sewers and aqueducts;
(iii) Pursuant to the provisions of California Government Code
Section 7267.2, prior to adopting this Resolution the City has made an offer
to the owner of record to acquire the property for the full amount of fair
market value as established by an independent appraisal valuation;
(iv) On January 3, 1990, 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, the City Council of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
SECTION 1: In all respects as set forth in the Recitals, Part A, of
this Resolution.
SECTION 2: That the real property which is required for the street
improvement purposes referenced herein 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.
Resolution No. 90-024
Pa ge 2
SECTION 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:
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
i njury~
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 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 owners and claimants of
the property described herein for the purpose of condemning for street
improvement 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 3rd day of January, 1990.
AYES: Alexander, Buquet, Brown, Stout, Wright
NOES: None
ABSENT: None
Dennis L. St'out, Mayor
Resolution No. 90-024
Pa ge 3
ATTEST:
D~eL j~. A~m s~C i t~y C 1 e~r k~
I, DEBRA J. ADAMS, 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 3rd day of
January, 1990.
Executed this 4th day of January, 1990 at Rancho Cucamonga,
California.
DeEra J. Adam~,/City Clerk
Resolution No. 90-024
Pa ge 4
EXHIBIT "A"
A portion of the real property commonly known as 7797 Vineyard Avenue, Rancho
Cucamonga, California, and more particularly described as follows:
A 5 foot strip located northwesterly and adjacent to the Northerly
line of the Pacific Electric Railroad Company Right-of-Way, being the
southeasterly 5 feet of the following described parcel:
A portion of Lot 6, Subdivision "C" Cucamonga Vineyard Tract, in the
County of San Bernardino, State of California, as per Map recorded in
Book 21 of Maps, Page 67, in the Office of the County Recorder of
said County, described as follows:
Beginning at the southerly corner of Lot 6; thence .North 0 Degrees,
12 Minutes East, along the easterly side of Vineyard Avenue, 2094.37
feet; thence East 179.85 feet to the intersection of the northerly
line of Pacific Electric Railroad company Right-of-Way; thence South
41 Degrees, 26 Minutes West, along the northerly line of the Pacific
Electric Railroad Company Right-of-Way to the Point of Beginning.
Excepting therefrom the North 50 feet thereof.
Resolution No. 90-024
Pa ge 5 ~,/~,~,~
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