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HomeMy WebLinkAbout89-408 - Resolutions RESOLUTION NO~ 89Z408 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 SUPPOR~ 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 Interstate 15 in the City of Rancho Cucamonga (hereinafter. referred to as the "project"). Based upon such analysis, it has been determined that the most reasonable a.nd feasible plan .for widening, realignment, construction and improvement of Base Line Road wil-1 require the acquisition of a portion of that certain real property commonly known by the street address of 126.58 Base Line Road, Rancho Cucamonga, California, and more particularly described in the attached Exhibit "A". ('ii) Pur.suant to the provisions of California Government Code ~Sec~i'on 40404(a), a City may acquire private property by condemnation when it is ~ecessary 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 th~full amount of fair market value as established by independent appraisal valuation; (iv) On September 6, 1989, 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, , : ~. B. Resolution NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. SECTI-ON 2: That portion of the property which is required for a right-of-way for street 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. 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: Resolution No. 89-408 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 Governmen~ Code Section 7267.2. SECTION 4: The City Council'her~by 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 :ac.tion 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 purposes herein described. SECTION 5: T~e .City Clerk shall certif~ to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 6th day of September, 1989.~ AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ~ . ABSENT: None Dennis L. Stout, Mayor ATTEST: Debra J. Adams, City Clerk Resolution No. 89-408 Page 3 It 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 6th day of September, 1989. Executed this 7th day of September, 1989 at Rancho Cucamonga, California. ) Debra J. Ad~s, City Clerk Resolution No. 89-408 Page 4 EXHIBIT "A" ADDITIONAL RIGHT-OF-WAY REQUIRED FOR BA~SE LINE (ROAD) WIDENING APN: 227-111-33 That certain parcel of land in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: Being a portion of Lot 14 of Block 'J' of Etiwanda Colony Lands, as shown on a map recorded in Book 2, Page 24 of Map Books, in the Office of the County Recorder of said county, more particularly described as follows: Beginning at the southeast corner of the west 330.00 feet of said Lot 14; as said point is shown on a map of Tract No. 12044, recorded in Book 167, Pages 78 through 89 inclusive of Map Books in the Office of the County Recorder of said county; said point also being a point on the north line of Base Line (Road) 66.00 feet wide, and the southeast corner of that certain deed to the County of San Bernardino; a body corporate and politic, recorded December 13, 1965 in Book 6530, Page 829 of Official Records of said county; thence along the east line of said Tract No. 12044 and the east line of said deed to the County of San Bernardino and the northerly prolongation thereof and the westerly line of that certain deed recorded January 29, 1944 in Book 1662, Page 201 of Official Records of said county; thence N 0 05'10" E, 54.33 feet to the beginning of a non-tangent curve concave easterly and having a radius of 20.00 feet a radial line to said point bears N 89 54'53" W; thence leaving the east line of the west 330.00 feet of said Lot 14 and through a portion of said Lot 14 and southeasterly along said curve, through a certral angle of 84 43'00", an arc distance of 29.57 feet to a point on a compound curve, concave northerly and having a radius of 1740.00 feet~ a radial line through said point bears S 5 22'07" W; thence easterly along said curve, through a central angle of 3 35'50", an arc distance of 109.24 feet to a point on said curve, a radial line to said point bears S 1 46'17" W, said point also being a point on the westerly boundary of that certain land conveyed by deed to David F. Dean and Audrey Grace Dean recorded July 29, 1983 as Instrument No. 83-172089 of official records of said county; thence along said boundary S 0 01'21" W, 27.76 feet to a point on said northerly line of Base Line (Road) described herein; thence N 89 55'19" W, 127.22 feet to the Point of Beginning. Excepting therefrom that portion conveyed to the County of San Bernardino described as Parcel No. 2 in that certain deed recorded October 27, 1965 in Book 6500, Page 875 of Official Records. Contains 4037+ square feet or 0.927 acres. Resolution No. 89-408 Page 5