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Home My WebLink About05-329 - Resolutions RESOLUTION NO. 05-329 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209- 242-07 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. SECTION 2: The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project'), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. SECTION 3: The real property interests sought to be taken is a fee simple acquisition for roadway purposes of the property identified as land improved with a single family residence located at 10489 8`" Street, Rancho Cucamonga, California,also identified as Assessor's Parcel Number 0209-242-07. The legal descriptions of the Subject Property Interests are attached as Exhibit "A" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit"B"to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. SECTION 4: The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ('ISA") and Initial Study for the Haven Grade Separation Project. Resolution No. 05-329 Page 2 of 6 Pursuant to CEQA Guidelines Section 15074, in certifying the ISAfor the Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated,avoided,or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social,and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004,the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits,the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. SECTION 5: The real property interests sought to be acquired are currently being used as a single-family residence. The Proposed Project will not unreasonably interfere with or impairthe continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Resolution No. 05-329 Page 3 of 6 SECTION 6: The City Council of the City of Rancho Cucamonga hereby finds and determines that: 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 interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. SECTION 7: The findings and declarations contained in this Resolution are based on the record before the City Council on November 16,2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report,the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. SECTION 8: The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit"A" attached hereto. SECTION 9: This Resolution shall take effect upon adoption. SECTION 10: The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. Please see the following page for formal adoption,certification and signatures Resolution No. 05-329 Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 16th day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None t� William J. Alexa der, Mayo ATTEST: k4kL",�, j Debra J. Adm CMC, 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 16`h day of November 2005. Executed this 17th day of November 2005, at Rancho Cucamonga, California. k"VX4t Debra J. Adm , CMC, City Clerk Resolution No. 05-329 Page 5 of 6 PS OMAS 1 EXHIBIT 'A' 2 LEGAL DESCRIYTION J FOR PUBLIC STREET PURPOSES 4 5 (APN 209-242-07) 6 LOT I OF BLOCK 65 OF THE NORTH CUCAMONGA TRACT,IN THE CITY OF 7 RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO, STATE OF 8 CALIFORNIA, FILED IN HOOK 4,PAGE 8, IN THE OFFICE OF THE COUNTY 9 RECORDER OF SAID COUNTY. i9 THE ABOVE DESCRIBED LOT CONTAINS 0.I92 ACRES MORE OR LESS_ 12 11 SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF 14 is THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 16 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 17 ACT OF THE STATE OF CALIFORNIA. is I9 PREPARED UNDER THE DIRECTION OF 20 21 22 23 SCIS i 7 L 24 KARI J. LA EN,PLS 5679 DATE L 25 LICENSEE IRES 09/30/05 26 27 28 t4e, 29 Q� No 5679 30 E+P• 0/30/2= 32 miL'ure700iD61+�rvyUeyolrVeyal:�apn•209-7tldT_rc W 971CS doe Spmmbcrl,3003 Im:LCM Sheet I of i Resolution No. 05-329 Page 6 of 6 EXHIBIT "B" HUMBOLT AVE. $ O1 A O O Na9'S8'S9"W �+ CORRAL MANUEL ?u .D[ I'Tl 01 APN NO. 209.212- 07 Z N 4 O ow D BLOCtt 96 "' � m NORTH CUCAMONGA TFIACT LOT 1 { 3s' iar BOOK 4 PAGE S 134' LUT a o N 8 55 a5' $69'56'39"E N LOT 4 LOT 2 OCSCR IPT IONS COT I OF BLOCK 65 OF THE NORTH CUCAUDNOA TRACT. IN THE CITY SHEET I OF I OT RANCNO CUCANONGA. COUNTY OF SAN IERNAROINO. STATE OF CALIFORNIA. SCALE- NONE ORAREO. LCM PSOMAS 0 Yr N^pper�R EN[Et EOI .31I9LL9VPJF h141bA CQInIII Mm rnO PA-um (R9%f-M 0W JGS NUMBER ZURS200405