HomeMy WebLinkAbout90-434 - Resolutions RESOLUTION NO. 90-434
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. Recital s.
(i) The City of Rancho Cucamonga has conducted a study pertaining to
the installation of traffic signals and improvement of Rochester Avenue at
Foothill Boulevard intersection 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 the installation of
traffic signals, street widening, storm drain extension and improvement of the
intersection will require the acquisition of a portion of that certain real
property commonly known by the street address of 11871 Foothill Boulevard,
Rancho Cucamonga, California, (APN 229-011-10) and more particularly described
in the attached Exhibit "A"; and
(ii) Pursuant to the provisions of 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; and
(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; and
(iv) On November 7, 1990, this Council held a duly noticed hearing
pursuant to the terms of California Code of Civil Procedures, Section
1245.235, and said hearing was concluded prior to the adoption of this
Resol uti on.
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 portion of the property which is required for
right-of-way for the traffic signal installation, street widening, storm drain
extension and intersection 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. 90-434
Page 2
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;
and
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; and
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 owner 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 application 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 7th day of November, 1990.
AYES: Alexander, Buquet, Stout, Wright
NOES: None
ABSENT: Brown
Resolution No. 90-434
Page 3
Dennis L. Stout, Mayor
ATTEST:
De6fa J. Adan~City Cler)~
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 7th day of
November, 1990.
Executed this 8th day of November, 1990 at Rancho Cucamonga, California.
' E)66fa J. A~a~ms, City Clerk
Resolution No' 90-434
Page 4
EXHIBIT A-1
____---- __-- __-- J.F, DavidsonAsso¢iBtes, Inc.
~ ~, ENGINEERING PLANNING SURVEYING ARCHITECTURE LANDSCAPE ARCHITECTURE
December 22, 1989 W.O. 8910568
RIGHT OF WAY DEDICATION
FOOTHILL BOULEVAP. D
PROPERTY OF JACK M. ~ASI AND JENNIE L. MA$I
That portion of Lo~ 17 of Map of Rochester as shown by map on file in
Book 9 of Maps, a~ page 20 =hereof, Records of San Bernardino County,
California, described as follows:
Beginning a= the inCersection of the Easterly line of said Lot 17,
being the Westerly line of Rochester Avenue formerly Orange Avenue with a
line parallel with and 50.00 feet southerly, measured a~ right angles from
the Northerly line of said Lo~ 17 as shown on said Map of Rochester also
being the intersection of the Westerly line of Rochester Avenue (60.00 feet
wide) with the Southerly line of Foothill Boulevard as shown on Parcel Map
No. 4485 by map on file in Book 40 of maps, at pages 65 and 66 thereof,
Records of San Bernardino County, California;
Thence N.89*50'04"W., along said parallel line, also being said
Southerly line of Foothill Boulevard, a distance of 29.00 feet;
Thence S.00°09'56"W., a distance of 10.00 feet to a line parallel with
and 60.00 feet southerly, measured at right angles from the centerline of
said Foothill Boulevard, also being said Northerly line of Lot 17;
Thence S.89'50'04"E. along said parallel line, a distance of 10.86
fee=;
Thence Southeasterly on a curve concave Southerly having a radius of
24.00 feet, through an angle of 48°49'55", an arc length of 20.45 feet to
the easterly line of said Lot 17, also being said Westerly line of
Rochester Avenue;
Thence N.00°24'24"E. along said Easterly line of Lo~ 17, also being
said Westerly line of Rochester Avenue, a distance of 18.20 feet to ~he
point of beginning.
3880 Lemon $~,eel $;J,~e 300 1Og~ Q $ M! Ve,nDn Ace-ue 75-~52 S~e%~ O,.,e 2'3~9 Jelfe,son Su,le 115
PO 8o, ~9~ Cc.on C~ ~232: Pa:~ Oe~e~ C&93269 PO Bo, 340
~,,,~,~ ,-e C= 93532 ,-'=' ~2% '72 PO B~ 'Z~7 ~e~-cu~a CA 92390
Resolution Noo 90-434
Page 5
R-O-W DEDICATION/JACK & JENNIE MASI
W.O. 8910568
PAGE 2 EXHIBIT A-2
The above described parcel of land contains 335 square feet, more or
less.
LO/HAF/lb
LEG: DB 0
DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
A. Fountaine Date
J. F. DAVIDSON ASSOCIATES, INC.
Resolution No~90-434
Page 6
EXHIBIT
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