HomeMy WebLinkAbout90-022 - Resolutions RESOLUTION NO. 90-022
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. 202-201-40, FOR THE WIDENING,
REALIGNMENT, CONSTRUCTION AND IMPROVEMENT OF 19TH STREET
(STATE ROUTE 30) BETWEEN ARCHIBALD AVENUE AND HAVEN
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recital s.
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the widening, realignment, construction and improvement of 19th Street (State
Route 30) between Archibald Avenue and Haven Avenue 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 widening, realignment, construction and improvement of 19th Street will
require the acquisition of an easement over a portion of that certain real
property commonly known by the street address of 10223 19th Street, Rancho
Cucamonga, California, Assessors Parcel No. 202-201-40, 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
establishing, laying out, extending and widening streets;
(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. 90-022
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 nj ury;
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. Stout, Mayor
Resolution No. 90-022
Pa ge 3
ATTEST:
D~bra J. Adam~J, City Clerk
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.
D~bra J. Ada~, City Clerk
Resolution No. 90-022
Pa ge 4
EXHIBIT "A"
An easement for streets, highways and related purposes in, over and upon that
certain real property in the City of Rancho Cucamonga, County of San
Bernardino, State of California, described as follows:
All that portion of the Southwest Quarter of the Northeast Quarter of Section
35, Township I North, Range 7 West, San Bernardino Meridian lying Northerly of
a line 44.00 feet Southerly of and parallel with the North line of said
Southwest Quarter of the Northeast Quarter of Section 35 in the City of Rancho
Cucamonga, County of San Bernardino, State of California, of the following
described 1 and:
Beginning at a point 3956.70 feet North and 693.00 feet East of the
Southwest corner of the Southeast Quarter of Section 35; thence
running East 627.00 feet; thence South 388.80 feet; thence West
627.00 feet; thence North 388.00 feet to the point of beginning.
Except the East 359.04 feet thereof.
A1 so excepting the West 134 feet.
Containing 2535 square feet more or less.
Together with the right to construct and maintain a slope over that
portion of the remaining property adjacent to the aforesaid road
easement.
Exhibit "1" attached and made a part hereof.
EXHIBIT
LLJ
_~, 1 9 TH STREET OLD E-.,/
< ,.--'x-- 8,18. 72' --"~_ ....... N_.8~40'18"E
'OF mE NE 1/4 OF SEC. 35 I [ '~*'uuA
T1N, R7W, S.B.M. ~F EAST 9~1~
/ I~ · ,~ ' ~ ~ - / I'. .
/ S~ .'~ b v v_v q ~j ~.FUTURE R/W'
/ ~ o~
POINT 5956.70' NORTH AND 693.00'. EAST
OF THE SW COR. OF THE SE 1/4 OF o~ ~~ _ . _,
SEC. 35, T1N, R7W, S.B.M. z~ ~ z , ~U / U-J
PLAT COMPILED FROM RECORD DATA ~ CONSULTANTS, INC.
i I
DENOTES AREA TO BE ACQUIRED
10800 We~ leme~o DrlY~. S~n D¼~). CA 82127
6282 - 0OO3 - 02 (111),4,~,1-1100
VESTEE: ,HtROSHI AND RENEE SURUKI
CITY OF RANCHO CUCAMONGA
A.P. NO.' 202 - 201 - 40
RIG:HT-OF-WAY MAP'
UNITED TITLE COMPANY
DATE DRAWN BY SHEET
AREA OF ACQUISITION 253,5 SQ. FT. +/- APR. 08~1988 AJS 0r