Loading...
HomeMy WebLinkAbout90-262 - Resolutions RESOLUTION NO. 90-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY COMMONLY KNOWN AS 12726 AND 12692 SUMMIT AVENUE LOCATED IN THE CITY OF RANCHO CUCAMONGA ASSESSORS PARCEL NO. 0225-1!1-08 AND 0225-111-09 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 Summit Avenue between Etiwanda Avenue and Hanley Avenue (Bluegrass 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 Summit Avenue will require the acquisition of an easement over a portion of that certain real property commonly known by the street address of 12726 and 12692 Summit Avenue, Rancho Cucamonga, California, bearing Assessors Parcel No. 0225-111-08 and 0225-111-09 are more particularly described in the attached Exhibit "A"; and (ii) Pursuant to California Government Code Section 40404(a), a City may acquire private property by condemnation when it is necessary for esta- blishing, laying out, extending and widening streets; and (iii) Pursuant to 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 establish- ed by an independent appraisal valuation; and (iv) On June 20, 1990, this Council held a duly noticed public hearing pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said public hearing was concluded prior to the adopted 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. Resolution No. 90-262 Page 2 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 hereby 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: 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 an easement over 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 purposes herein described. SECTION 5: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 20th day of June, 1990. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Resolution No. 90-262 Page 3 Dennis L. Stout, Mayor ATTEST: ~De-bra j. Ad~ns, 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 20th day of June, 1990. Executed this 21st day of June, 1990 at Rancho Cucamonga, California. Debra d. Ad~s, City Clerk- Resolution No. 90-262 ~~~l~ll~li~~~N' Page 4 ! ~ 10~00 1~00 RANCHO CdCAMON,A I 10500 11300 ~ ~ q.,,,~ 04-90-416 Resolution No. 90-262 Page 5 Par. Eh'wondo Oo/omy Iond$-A/~B, Ronchd'Cucomon~o City ' Tax Rote' ~ I ~5022,15037 '15081 I SU~MIT (2~ AVENUE ~ .;.- . ~ssessor~ MoO *' :~ ! ,~.~' I'~ EDWARD T. PETERSON el el b ~ ..,x ~ , N WI~IAM R. BARNES et al J MICHAEL A. HELM et al .. " [xp. U-JO-92 nO3E: THE PKOPERWy LIRE ~ETWEEn PETER~D~ AnD ~AKfl~5;HELM .~ EDWARD T. PETERSON et al ~ ~ ~ !~ ,-.,o. AP~ z~- ~l- 0~ o~ J ~~.~..... - ~~ " ~~'~.,~o~ ... ~'~' L-,~ ~ ' & SUMMIT- HIGHLAND ASSOC. ~ ~ ~ noT~' T.~ r.or~T~ c,ne ~TWeen r~son A~ EXHIBIT Resolution No. 90-262 Page 8 That portion of land in the City of Rancho Cucamonga, County of San B~rnardino, State of California as described in deed to Edward Todd Peterson and Janiece E. Peterson recorded January 17, 1989, Document No. 89-017289 Official Records, in the office of the County Recorder of San Bernardino County, within a strip of land, 71.00 feet wide, lying 33.00 feet Northerly of and 38.00 feet Southerly of the following described centerline: Beginning at the centerline intersection of Etiwanda Avenue and Sununit Avenue as shown on Record of Survey, in the County of San Bernardino, State of California, as per map recorded in Book 38, Pages 42 through 44, inclusive of Record of Survey, in the office of the County Recorder of said County; thence South 89"34'28" West 721.25 feet along the centerline of said Summit Avenue, to the beginning of a tangent curve, concave Southerly and having a radius of 1000.00 feet; thence Westerly along said curve, through a central angle of 6"09'14" an arc length of 107.41 feet; thence tangent to said curve, South 83"25'14' West 382.98 feet to the beginning of a tangent curve, concave Northerly and having a radius of 825.00 feet, said curve also being tangent at its Westerly terminus with the East-West center line of Section 29, Township One North, Range Six West, San Bernardino Base and Meridian; thence Westerly along said last mentioned curve through a central angle of 6"57'02" an arc length of 100.08 feet to said East-West centerline of Section 29; thence North 89"37'44" West 160.00.feet along said East-West centerline to the beginning of a tangent curve, concave Northerly and having a radius of 825.00 feet; thence Westerly along said last mentioned curve through a central angle of 8"44'39' an arc length of 125.91 feet; thence tangent to said curve North 80"53'05" West 160.00 feet to the beginning of a tangent curve, concave Southerly and having a radius of 825.00 feet, said curve also being tangent at its Westerly terminus with the said centerline of Summit Avenue as shown on said Record of Survey; thence Westerly along said last mentioned curve, through a central angle of 9"32'27" an arc length of 137.38 feet; thence tangent to said last mentioned curve South 89"34'28" West along said centerline 750.18 feet to the West line of the Northeast Quarter of said Section 29, said point being 33.00 feet Northerly at the center of said Section 29, along said West line. The property lines shown on the attached exhibits may be contestable, therefore the intent of the easement is that the property owner grants to the City that portion of his property which is required for the alignment of Summit Avenue as described herein before. Resolution No. 90-262 Page 9 That portion of land in the City of Rancho Cucamonga, County of San Bernardino, State of California as described in deed to Edward Todd Peterson and Janice E. Peterson recorded October 13, 1976, in Book 9031, Page 589 of Official Records, in the office of the County Recorder of San Bernardino County, within a strip of land 71.00 feet wide, lying 33.00 feet Northerly of and 38.00 feet Southerly of the following described centerline: Beginning at the centerline intersection of Etiwanda Avenue and Sun%mit Avenue as shown on Record of Survey, in the County of San Bernardino, State of California, as per map recorded in Book 38, Pages 42 through 44, inclusive of Record of Survey, in the office of the County Recorder of said County; thence South 89"34'28" West 721.25 feet along the centerline of said Summit Avenue, to the beginning of a tangent curve, concave Southerly and having a radius of 1000.00 feet; thence Westerly along said curve, through a central angle of 6"09'14" an arc length of 107.41 feet; thence tangent to said curve, South 83"25'14' West 382.98 feet to the beginning of a tangent curve, concave Northerly and having a radius of 825.00 feet, said curve also being tangent at its Westerly terminus with the East-West center line of Section 29, Township One North, Range Six West, San Bernardino Base and Meridian; thence Westerly along said last mentioned curve through a central angle of 6"57'02" an arc length of 100.08 feet to said EaSt-West centerline of Section 29; thence North 89"37'44" West 160.00.feet along said East-West centerline to the beginning of a tangent curve, concave Northerly and having a radius of 825.00 feet; thence Westerly along Said last mentioned curve through a central angle of 8"44'39' an arc length of 125.91 feet; thence tangent to said curve North 80"53'05" West 160.00 feet to the beginning of a tangent curve, concave Southerly and having a radius of 825.00 feet, said curve also being tangent at its Westerly terminus with the said centerline of Summit Avenue as shown on said Record of Survey; thence Westerly along said last mentioned curve, through a central angle of 9"32'27" an arc length of 137.38 feet; thence tangent to said last mentioned curve South 89034'28" West along said centerline 750.18 feet to the West line of the Northeast Quarter of said Section 29, said point being 33.00 feet Northerly at the center of said Section 29, along said West line. The property lines shown on the attached exhibits may be contestable, therefore the intent of the easement is that the property owner grants to the City that portion of his property which is required for the alignment of Summit Avenue as described herein before.