HomeMy WebLinkAbout05-326 - Resolutions RESOLUTION NO. 05-326
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-
251-14 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 partial temporary
construction easement for roadway purposes on the property
identified as 9060 Haven Avenue, Rancho Cucamonga, California,
also identified as Assessor's Parcel Number 0209-251-14. 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. 05-326
Page 2 of 7
Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for
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 land improved with concrete and trees which are part of an
Industrial Facility. 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. 05-326
Page 3 of 7
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
impairthe continuance of any existing public use oras 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 byeminentdomain 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. 05-326
Page 4 of 7
PASSED, APPROVED, AND ADOPTED this 16th day of November 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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William J. Alexa er, Mayor
ATTEST:
L44
Debra J. d s, 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 17`h day of November 2005, at Rancho Cucamonga, California.
bra J. Ad s MC, City Clerk
Resolution No. 05-326
Page 5 of 7
PSOMAS
1 EXHIBIT `A'
2 LEGAL DESCRIPTION
3 TEMPORARY CONSTRUCTION EASEMENT
4
5 (APN 209-251-14)
6 THAT PORTION OF PARCEL 1 OF PARCEL MAP N0. 9318, IN THE CITY OF
7 RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO, STATE OF
8 CALIFORNIA,AS SHOWN ON A MAP FILED IN BOOK 103,PAGES 56 AND 57
9 OF PARCEL MAPS,RECORDS OF SAID COUNTY,MORE PARTICULARLY
10 DESCRIBED AS FOLLOWS:
I -
12 COMMENCING AT THE MOST NORTHERLY CENTERLINE INTERSECTION OF
13 HAVEN AVENUE(134 FEET WIDE)AND ACACIA STREET(54 FEET WIDE)AS
14 SHOWN ON SAID PARCEL MAP;THENCE SOUTHERLY ALONG THE
15 CENTERLINE OF HAVEN AVENUE SOUTH 0030'23"EAST 222.85 FEET;
16 THENCE LEAVING SAID CENTERLINE NORTH 89019'37"WEST 33.00 FEET TO
17 A POINT ON THE WEST RIGHT OF WAY LINE OF SAID HAVEN AVENUE AND
IB THE TRUE PAINT OP
_BEGINNING THENCE NORTHERLY ALONG SAID
19 WEST RIGHT OF WAY LINE NORTH 0°30'23"WEST 163.08 FEET TO THE
20 BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
21 OF 24.00 FEET;THENCE NORTHERLY,NORTHWESTERLY AND WESTERLY
22 37.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89026'50"
23 TO A POINT OF TANGENCY ON THE SOUTH RIGHT OF WAY LINE OF ACACIA
24 STREET(27 FEET WIDE);THENCE WESTERLY ALONG SAID SOUTH RIGHT OF
25 WAY LINE NORTH 89057113"WEST 81.93 FEET;THENCE LEAVING SAID
26 SOUTH RIGHT OF WAY LINE SOUTH 29052'05"EAST 215.56 FEET TO SAID
27 TRUE POINT OF BEGINNING
28
29 CONTAINING 0124 ACRES MORE OR LESS.
30
31 SEE EXHIBIT 'B'ATTACHED HERETO AND MADE A PART HEREOF
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Resolution No. 05-326
Page 6 of 7
PSOMAS
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2
3 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
4 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
s ACT OF THE STATE OF CALIFORNIA.
6
7 PREPARED UNDER THE DIRECTION OF
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Resolution No. 05-326
Page 7 of 7
EXHIBIT "B"
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