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Home My WebLink About90-021 - Resolutions RESOLUTION NO. 90-021 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. 202-201-08, 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. (il 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 6729 Hermosa Avenue, Rancho Cucamonga, California, Assessors Parcel No. 202-201-08, 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. 90-021 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. 90-021 Pa ge 3 ATTEST: De'bra J. Adam~,, 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. AdQ~m~, City Clerk Resolution No. 90-021 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 Parcel 1, Parcel Map No. 9986 in the City of Rancho Cucamonga, according to the map thereof, on file in Book 127 of Parcel Maps, Pages 75-77, in the Office of the County of San Bernardino, State of California lying Northerly of a line 44.00 feet Southerly of and parallel with the following described line: Beginning at the intersection of the centerline of Hermosa Avenue and the centerline of improvements of 19th Street as shown on said Parcel Map No. 9986, said centerline of improvements being a line parallel with and 3.52 feet Northerly of the North Line of the Southwest Quarter of the Northwest Quarter of Section 35, Township 1 North, Range 7 West, San Bernardino Meridian; thence along said centerl ine of improvements, North 89 degrees 56'51" East 315.00 feet to a point on a curve concave Southerly, having a radius of 2000.00 feet; thence leaving said centerline of improvements, Easterly along said curve through a central angle of 2 degrees 24'14", an arc length of 83.91 feet to a point on a curve concave Northerly having a radius of 2000.00 feet; thence Easterly along said curve through a central angle of 2 degrees 24'14", an arc length of 83.91 feet to a point of tangency with said North Line of the Southwest Quarter of the Northeast Quarter; thence along said North Line North 89 degrees 56'51" East 1345.70 feet. Containing 11,692 square feet more or less. Exhibit "1" attached and made a part hereof. 19 TH STREET OLD P.O.B.~ Nn.T~_~_51"E ~15.00~~~~ NO9'~O'I~"E ~ .... t' ~I.~"~,'~'~ ~ "- ' '~- ~ :' NORm LINE OF ~E J/ *1 ......,.... ~~- - SW 1/4 OF ~~. , ,.o~_~_~j.~ ,. ~. . ~ . ~E NE ,~ ~ z4,.~ /~ ' ' T~N .......... ~ T ' ~ ~- 90'55'56" / NO'OS'O9"W(RAD) NEW i ~ I~ ~ ~,, , ~ soo'~o'~'w J ~ ~ ~ ~L ~ -J ~ S89'56'51"W231.67' J ~ IZ , ~ 2'24'1~' 85.76' ~0~4' J_ 4~_ C c~ ~ 2'24'14" 82.07' 1956' ~i P M ~0~~ ~ .oo'03'o."w 25.52' P M B / ~ ~ ~.~' ~ooo' 2'2~'1~" 85.91' 2000' PLAT COMPILED FROM RECORD DATA ~ CONSULTANTS, INC. ! 1 DENOTES AREA TO BE ACQUIRED I~ - ~3 - 12 (e~)~-e~ VESTEE: FRED AND JANE KONING CITY OF R~CHO CUC~ONG~ A.P. NO.' 202 - 20~ - 08 ~GHT-OF-WAY MAP O~DS~ NO: 31093 - 62