HomeMy WebLinkAbout91-039 - Resolutions " RESOI/JTZC~I 190. 91-039
A RESOLUTIC~ OF ~E CITY ~ OF ~HE CITY OF RANCID
~, CALIFf~NIA, D~/LARING THE PUBLIC NF~n AND
N~CESS~ TO OOND~ A POR~IC~ OF CER~%/~ REAL PRD~
ASSESSORS PARCEL NO. 201-341-54, FOR ~ WID~-/NG,
R15~T.T~, CIkN~ON AND ]~:~OV~4]~T OF lg/~ ST~RFT
(STATE ROUTE 30) BEIWRFN B"~MAN AV~FdE AND BERYL STREET,
(i) The City of Rancho ~ has ~ a study pertaining to
the widening, realignment, construction and improvement of 19th Street (State
Route 30) bet%~_n Hellman Avenue and Beryl Street in the City of Pancho
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 eas~aent over a portion of that certain real
property known as Assessors Parcel No. 201-341-54, and more particularly
described in the attached Exhibit "A"; and
(ii) Pursuant to California ~t Code Section 40404 (a), a City
my acquire private property by continuation when it is neoessary for
establishing, laying out, extending and widening streets; and
(iii) Pursuant to the provisions of CalifcxT~ia Govez~ment Code
Section 7267.2, prior to adopting this Resolution, the City b~ made an offer
to the owner of record to aoquire the property for the full amount of fair
market value as established by independent appraisal valuation; and
(iv) On F~ ~hruary 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 concluded prior to the adoption of this
Resolution; and
(v) All legal prerequisites have occurred prior to the adoption of
B. Resolution.
N(~ ~{EREFORE, the City Oouncil of the City of Ramcho Cucamonga does
hereby find, determine and resolve as follc~s:
S~CTI~ ~: In all respects as set forth in the Recitals, Part A, of
S~CTION 2: That the real property whic~ is required for the street
/m~rovement. Durposes referenoed herein is situated in the City of Rancho
Cucamonga, County of San Ber~ardJ3~, State of Califoxru~a, and is more
specifically outlined in the legal description and map atta _c~ed~__ hereto as
Resolution No. 91-039
Page2
S~CTIGN 3: Based upon the 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 cc~patible with the greatest public good and the least private
injury; and
c. The property defined in this Resolution is neces~ 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 Gove~'~..~ent Code Section
7267.2.
SECTION 4: The City (kuncil hereby declares its intention to acquire
the property described in Section 2, above, by prooeedings in Eminent D~.
~ne City Attorney is ordered and directed to bring an action in the Superior
Court of the State of California for the O~ 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 oonde~d~ for street L~o¥~nt
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 d/rected by said Court and for an Order permitting the City to take
possession and use of said real prop~ for the uses and purposes herein
described.
SfL~fION 5: The City Clerk shall certify to the adoption of this
Resolution.
PASSF~, ~, and ADOFi~D this 6th day of F~h~y, 1991.
AYES: Alexander, Buquet, Williams, Wright
NOES .' Nc~e
William J. Al~mnder,
Resolutic~ No. 91-039
Page 3
~a j. A~, City Clerk
I, DFR~A J. ADAMS, CITY ~RK of the City of Rancho Cucamc~Fa,
Califoznia, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City ODuncil of the City of Rancho Cucamomga,
California, at a re~ meeting of said City Council held on the 6th day of
F~h~%k~ry, 1991.
Executed this 7th day of February, 1991 at Ram~lo Cucamonga, California.
I~-~-a J. Ada~, City Clerk
Resolution No. 91-039
Page 4
Legal Description
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:
That portion of the Southeast one-quarter of Lot 6
in Block 11, of the Cucamonga Homestead Association
Land, in the County of San Bernardino, State of
California, as per map recorded in Book 6, Page 46 of
Maps, in the Office of the County Recorder of said
County, described as follows:
Beginning at a point on the South line of said Lot
6, 230 feet West of the Southeast corner thereof; thence
North and parallel with the East line of said Lot 6,
11.00 feet; thence East and parallel with the South line
of said Lot 6, 172.96 feet to the beginning of a curve
concave to the Northwest having a radius of 24.00 feet;
thence Northeasterly 40.26 feet along said curve through
a central angle 90 degrees 06'28" to a radial line of
said curve which bears East, which is also a point on
the Westerly Right-of-way Line of Hellman Avenue; thence
South along the said Westerly Right-of-way Line of
Hellman Avenue which is 33.00 feet Westerly of and
parallel with the East line of said Lot 6, 35.05 feet;
thence West along the South line of said Lot 6, 197.00
feet to the Point of Beginning.
Containing 2,291 square feet more or less.
N% 13&%TODD%EXA
Resolution No. 91-039 ~.
Page 5
CITY OF r'=/oo, ~
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