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Home My WebLink About05-323 - Resolutions RESOLUTION NO. 05-323 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- 143-02 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 are a permanent easement acquisition for roadway purposes on the property identified as vacant land located at the southeast corner of Jersey Boulevard and Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-143-02. 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. 05-323 Page 2 of 8 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 vacant lot. 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. Resolution No. 05-323 Page 3 of 8 SECTION 6: The City Council of the City of Rancho Cucamonga hereby finds and determines that: 1. The public interest and necessity require the Proposed Project; 2. 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; 3. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; 4. 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 5. 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. 05-323 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this 16th day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None W William J. Alexa n r, Mayor ATTEST: ebra J. da 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 16th day of November 2005. Executed this 17th day of November 2005, at Rancho Cucamonga, California. Aebra J. Ads MC, City Clerk Resolution No. 05-323 Page 5 of 8 PSOMAS 1 EXHIBIT`A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES s 5 6 (APN 209-143-02) I ALL THAT PORTION OF THE SOUTH h OF SECTION 12,TOWNSHIP 1 SOUTH, e RANGE 7 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF 9 RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF 1a CALIFORNIA,RECORDS OF SAID COUNTY,ACCORDING TO THE OFFICIAL 11 PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, MORE 11 PARTICULARLY DESCRIBED AS FOLLOWS: 13 14 COMMENCING AT A POINT 50.00 FEET NORTH OF THE SOUTHWEST 15 CORNER OF SAID SECTION 12;THENCE EAST AND PARALLEL WITH THE 16 SOUTH LINE OF SAID SECTION, 101.00 FEET TO A POINT ON THE EAST 17 RIGHT OF WAY LINE OF HAVEN AVENUE(CURRENTLY 134 FEET WIDE) is SAID POINT ALSO BEING THE TRUE POINT OP BEGINNING; THENCE 19 CONTINUING ALONG SAID PARALLEL LINE SOUTH 89056154"HAST 20 66.37 FEET;THENCE LEAVING SAID PARALLEL LINE 21 NORTH 3003'42"WEST 207.43 FEET;THENCE NORTH 8°12'09"WEST 22 276.68 FEET;THENCE NORTH 5°20'20"WEST 232.70 FEET TO A POINT ON 27 SAID EAST RIGHT OF WAY LINE OF HAVEN AVENUE;THENCE SOUTHERLY 24 ALONG SAID EAST RIGHT OF WAY LINE OF HAVEN AVENUE 25 SOUTH 0°28'10"EAST 712.64 FEET TO SAID TRUE POINT OF BEGINNING 26 27 CONTAINING 0.587 ACRES MORE OR LESS. 28 29 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 30 m:W"1U +cyVepbUaplaLpn•309•I17A2.Igyw092Y03 dx SepemLn 22,73. 5 =7D03 Lcm:LCM Sheet I of 2 Resolution No. 05-323 Page 6 of 8 PS OMAS I THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 2 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 3 ACT OF THE STATE OF CALIFORNIA- 4 ALIFORNIA4 3 PREPARED UNDER THE DIRECTION OF 6 7 s sg� s 1 . 22. 26xS,$ 10 KARI 1.LA N,PLS 5679 DATE I1 LICENSE EX S09130/05 12 13 14 L4& 17 ti 16 lim 5579 17 Up. 0/30/ZWS Is G1t7 T 19 20 21 22 23 24 25 16 17 28 29 m:VunlOWDdtarvryV��1�Va�l�lope-log-1�3.01.ke-eev09yiW dee Sepkmhv 22,2065 I<m:LCM Sheet 2 oft Resolution No. 05-323 Page 7 of 8 EXHIBIT " B " I JERSEY BLVD I SCERANKA LUCAS APN NO. 209-143. 02 2 2 u a R o I o £ A POFMON OF 7HP > BOtlrfl U Or SECUJOIN -12 IM FL7.W. U BA. N 134' c 33' 101' i v N , f zN N m S m OESCRIPTIONi A tEAPORARI' CONSTRUCTION E16SEMENT FOR A PORTION OF SECTION 12 OF THE SHEET I OF 2 NORTH CUCAMONGA TRACT, IN THE CITY OF RANCHO CUCAMOmC&, COLNTY OF SCILE' HOHE SAN BERNARDINO, SIATE OF CALIFORNIA. DRAFTEE' LN PSOMAS CHECKED' LW/P.IF JOB JY/y A l'wA/33p T.I.Im Ei'er p1x (ny IA-1313 U14 543,U&3(w) NUMBER 2URS200400 Resolution No. 05-323 Page 8 of 8 EXHIBIT " B a � s N SCERANKA LUCAS APN NO. 209-193- 02 D m m at Z p A POFMON of: -Mt BbUrf-j % 01' 134 $;rC TION -12 1-M AIM. 3j3hL w N ' E N HUMBOLT o a U POC I S89'56'54"E TPOB 989'56'54"E N 66,37' ct ATCHISON, TOPEKA AND SANTA FE RAILWAY SW COR A (SCRRA TRACKS) SECTION 12 DESCRIPTION, A TENPOALRY CONSTRUCTION EASEMENT FOR A POR710H OF SECTION 12 OF THE SHEET 2 OF 2 NOIITH CUCAMONGA TRACT, IN THE CITY OF RANCHO CUCAMONGA. COUNTT OF SCALE. MONO SAN BERNAROINO. STATE OF CALIFORNIA. P S G M A S ORA/TFO, R W ANP•ANEANaN./�y CNEGKEO• LMN/AJC Inij A�1-TrrF+••N ENR{ INN lILESS CM NUYBFR 2URS20040I