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Home My WebLink About90-109 - Resolutions RESOLUTION NO. 90-109 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 AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) The City of Rancho Cucamonga has conducted a study pertaining to the widening, realignment, construction and improvement of Base Line Road between Victoria Park Lane and Rochester 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 Base Line Road will require the acquisition of a portion of that certain real property commonly known by the street addresses of 12428 and 12472 Base Line Road, Rancho Cucamonga, California, and more particularly described in the attached Exhibit (ii) Pursuant to 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 March 21, 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 specifi- cally outlined in the legal description and map attached hereto as Exhibit "A" and incorporated herein by this reference. 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: Resolution No. 90-109 Page 2 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 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 purposed herein described. SECTION 5: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 21st day of March, 1990. AYES: Alexander, Brown, Buquet, Stout NOES: None ABSENT: Wright Dennis L. Stout, Mayor ATTE ST: -D&~bra J. Adan~', City Clerl~ Resolution No. 90-109 Page 3 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 21st day of March, 1990. Executed this 22nd day of March, 1990 at Rancho Cucamonga, California. 'Debr~ J. Ada~, City Clerk Resolution No. 90-109 Page 4 E~ISlT -^- EXHIBIT A-1 LECAL DESCRIPTION OF All :hac lnnd tn the CLoy of Rancho Cucamonga, County off San Bernnrdino, Sc~:e oE C~lt£ornia, w£ch/n chac portion o[ Lots 30, Il and 32 off Orange Emp£re Acres ns shown by map on ~i[e [n Book 20 off Maps, at p&ge l, Records off San Bernardino County, C~llfornia and more particularly described as follows; PARCE~ "A" (STREET EASEflENT) Beginning ac a point on the fas: line of said Lot 32 which bears N. O0° 07" E., a d~stance of 20.00 feet from che Southeast corner of said Lot 32 said point also ~eing the Northeast corner o~ chat certain parcel conveyed =o the County of San Bernardino by deed recorded November 25, [933 in Book 922, pa~e 206 of Of Eicial Records, Records o£ San Bernardtno County, California; Thence N. OOu 0§' 07' E.., along said East l£ne a distance of 117.89 feet; Thence N. 89° SA' 53' ~., a distance oE 3.00 feet; Thence S. OO° 05' 07" ~., a distance o~ ~8.00 feet; Thence Southwesterly on a tangent cut-ye concave co the Northwest having a red/us of 2~.00 feet, through an angle oE 9~~ 27' ~§", an a~c length o[ 39.l§ feet co a point oE reverse curvature; Thence Westerly on a curve concave to the South having a ~adius off [860.00 feet, through an angle oE O0~ 55' 27", an arc length o£ 30.00 feec (the initial ~adial line bears N. 03° 32' 52" E.); Thence S. 76° 56' ~0" ~., a distance oE 93.22 feet; Thence S. O0° lO' 37" E., a distance of 12.00 feet; Thence S. 83° §3' [0" ~., a distance oE 2~l.70 feet to a point on the North line of said parcel conveyed co the County oE San Bernardtno; Thence N. 89u 49' 23" E., along said North line a distance oE 389.~2 feec co the point of beginning. Contains: 1091~ SF o~ 0.25 acres Description prepaz'ed under' the super'vision o~: Uttliam H.' AddLnston ~**S. 3821 Date ~or J.F. Davidson ~sociaces, Inc. T -Resolution No. 90-109 Page 5 SEC. 32, lllN ,R 6W., S.B.M. EXHIBIT A-2 BLOCK d 13 '"~ "/"~ ~ Resolution No. 90-109 Page 6 EXHIBIT A-3 LEGAL DESCRX~1'~ON OF P,A.q.C£L "A' ,M~IO 'S' (SLOPE ~SF...~ENT) At[ ch~,c [.tnd tn chi CLOy o( Rancho C~camon~m, County o~ San Bernardtno, Scare o[ C.itLtnrnta, vtchtn chac porcton o( l.ocs 30. 3[ and 32 eL OranGe Fmptce P^RC£t, "^' (StriPE ,EASEI'IENT) CommencLn8 dc a potnc on chi Eaec Ltne o~ said LoC 32 whtch bears N. O0° 05' 07" E., a dtscance o~ 20.00 ~eec ~rom chi Southeast cocker o~ s&td Loc 32 seed patnc ~Lsa bern8 the Norcheaec corner o~ chac cercatn parcel conveyed co the County o~ San Bernardtno by deed recorded November 25. L933 tn Book ~22. pose 206 oE aRteriaL Records, ~ecorde oE San aernardtno County, CaltEornte; Thence N. 00" O$' O7' E.., eton~ satd Eaac /the m distance oE [X7.89 eeoc: Thence N. 89d ~&' 53~ V., m dLscance oE 3.00 ~eec co i po/nc heretna~cer reEerred co es Potnc Thence $. OO" O5' O7* V., a distance o~ ]8.00 ~eeC; Thence Souchveecar/y on a can~enc cuz've concave co ohm Nocchvesc haven radtus oE 2G.OO Eeoc, chcoush iff inlet eL 9~° 27' Ge'. an afc ~eec co a potnc oE reverse cu~acure: Thence VescerLy on ~ cu~e concave co ohm SouGh hivLn8 a radius oE [860.00 Leer; chroush on aflS/e o~ O~ 55' 27', an arc Length o~ ~0.00 ~llC (ohm cedLat L/ne hames N. 03° 32' 52' E.); Thence S. 76~ 56' GOo V., a dtscance oE 93.22 Eeoc co the poLnc be~Lnntn~ oE the parcel co be described: Thence S. O~ LO* 37' E.. m dtscflnce oE t2.OO EeoC: ~ence S. 83° ~3' [0' V., 4 dLscmKe oE 2~t.70 fiiC co I petrie on ohm [Lne oE smLd parcel conveyed co cae Co~ncy oE Sin fle~cdtflo: Thence S. 8~ ~9' 23' V., aLon~ sold North tine I distance oE ~[~.~9 fcic; Thence N. 83° 53' [0' E., a dLJCaKe o~ 357.7~ teac co chi potnc aC beginning. 3577 SF or 0.08 acres Beatnntn8 ac oho hereinbefore mentioned Petrie 'k'; Thence S. O0~ OS' 07" V., m d/sconce oE 38.00 talc; Thence $ouchveecor[y off a consent rue'ye concave co chi Norchvelc hsv[nS a radtuJ o~ 2~.00 feec, chrou~ an angle o~ 93° 27' ~5", an a~e ~en~cb og 39.X~ ~eec co a pQLnc o~ ~eve~le cu~a~re~ ~ence geicet~y on a cum coKave co the SouGh havtng a cadt~ e~ ~860,00 ~aec, chrou[h an an[Xe og ~u SS' 27', an arc teni~ o~ 30.~ teac (~e Lntc~aX rad~a~ ttne bears M. 0~° 32' S2' E.): ~ence M. A2~ 37' 32' ~., a d~ca~e o~ 81.9S ~eec Co ~e ~tnc o~ be[~ni. Concat~: X6~3 SF or 0.03 acres Oescrtpcton prepared under the supervision 0£: -~or~oo~taCoo, l~. Resolution No. 90-109 Page 7 ,.,r-L] 52 'r'll%j R G~/v S.B M. ~ EXHIBIT A-4 E'FIW~NDA COLONY LANDS ~ ~ ~ "~,'~' ~a ~"~ F-~ '.' .~, ~,,