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HomeMy WebLinkAbout91-040 - Resolutions NO. 91-0~0 A. Recitals. (i) ~he City of Rancho Cucamonga has o0r~k~d a study pertaining to the widening, realignment, construction and i~ of 19th Street (State Route 30) betw~n Beryl Street and Carnelian Street in the City of Rancho Cucamonga (hereinafter referred to as the "project"). Based upon such analysis, it has been de~ that the most reasonable and feasible plan for widening, realignment, oonstruction and im~rovem~nt of 19th Street will require the acquisition of an easement over a portion of that certain real property known as Assessors Parcel No. 202-461-62, and more particularly described in the attached Exhibit "A"; and (ii) Pursuant to California Government Code Section 40404(a), a City my acquire private prcp~ by oondemmation when it is necessary for (iii) Pursuant to the provisions of California Gove~-~u,ent Code Section 7267.2, prior to adopting this Resolution, the City bm.~ made an offer to the owner of record to acquire the property for the full amount of fair market value as established by i~t appraisal valuation; and (iv) On February 6, 1991, this Council held a duly noticed hearing pursuant to the terms of California Code of Civil Procedures, Section 1245.235, and said hearing was ooncluded prior to the adoption of this (v) Ail legal prerequ~mites have occurred prior to the adoption of B. Resolution. NOW THEREFORE, the City (kxu~il of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: SECTI~ 1: In all respects as set forth in the Recitals, Part A, of MqDCi~/ON 2: That the real pr~ which is required for the street improvement purposes, including a slope easement, ref~ 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 Resol~ion ~.91~40: Page2 SECTION 3: Based upon the substantial evidence presented to tb~ staff reports, the City Council specifically finds as follows: a. The public interest and necessity requ~e the propoeed 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; and c. The prop~ defined in this Resolution is necessary for the d. An offer of fair market value b~-~ been made to the owners of said real uroperty pursuant to the terms of California Goverrm~m~t Code Section 7267.2. The City Attorney is ordered ar~ directed to bring an action in the Superior Court of the State of California for the County of San Bernard/no, in the name of the City of Rancho Cucamonga, against all owners and claimants of the property described herein for the purpose of cond~ng for street i~ purposes, and to do all things necessary to prosecute said action to its final determ/nation in accokdance with the provisions of law applicable thereto. The City Attorney is authorized and ~r~tructed to make applications to said Court for an Order fixing the amount of security by way of money deposits as my be d/rected 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. S~CTION 5: The City Clerk shall certify to the adoption of this Resolution. PASS~D, ~, an~ ADOPI~D this 6th day of February, 1991. AYES: Alexander, Buquet, William, Wright ~ES: None William J. Al~, Ma~o~ ~ Resolution No. 91-040 Page 3 E~ra J. ~, City Clerk I, DFRRA J. ADAMS, CITY ~RK of the City of Rancho Cucamonga, California, do hereby oartify that the foregoing R~solution was duly passed, approved, and adopted by the City Cot~cil of the City of Rancho Cucamorga, California, at a regular meeting of said City Oouncil .held on the 6th day of F~, 1991. Executed this 7th day of F,h~mry, 1991 at Rancho Cucamonga, California. Resolution No. 91-040 Page 4 EX1J[BIT "A" Legal Oescrfptlon An easement for streets, htghways and related purposes ~n, over and upon that certafn real property fn the Clty of Rancho Cucamonga, County of San Bernardfno, State of California, described as follows: THE NORTH 20 FEET OF THE EAST 200.00 FEET OF THE WEST 400.00 FEET OF TH/ NORTH ONE-HALF OF THE EAST ONE-HALF OF LOT 7, BLOCK [6, IN THE CZTY OF RANCHO CUCANONGA, CUCAMONGA HOMESTEAD ASSOC[ATZON LANDS, IN THE COUNTY OF SAN BERNARD[NO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 OF MAPS, PAGE 46, [N THE OFF[CE OF THE COUNTY RECORDER OF SAID COUNTY. THE SOUTH 9 FEET OF THE SA[D NORTH 20 FEET SHALL BE SLOPE EASEMENT. EXCEPTING THEREFROM THE SOUTH 150.00 FEET THEREOF. CONTAINING 4,000 SQUARE FEET MORE OR LESS. Resolution No. 91-040 Page 5 EASEMENT ,' C."I ~ i...' ,' /" [:.>L.t'[ / · . :,,~: