HomeMy WebLinkAbout05-327 - Resolutions NO ACTION TAKEN
RESOLUTION NO. 05-327
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-
131-02 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 soughtto betaken are a partial acquisition
of fee simple and a temporary construction easement for roadway
purposes on the property identified as 8812 Haven Avenue, Rancho
Cucamonga, California, also identified as Assessor's Parcel Number
0209-131-02. The legal descriptions of the Subject Property
Interests are attached as Exhibits "A-1" and "A-2" to this Resolution
and the Subject Property Interests are depicted on the diagrams
attached as Exhibits"B-1"and "B-2"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. 05-327 NO ACTION TAKEN
Page 2 of 12
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 togetherwith 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 land on 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.
NO ACTION TAKEN Resolution No. 05-327
Page 3 of 12
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 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 Exhibits "A-1" and "A-2" 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. 05-327 NO ACTION TAKEN
Page 4 of 12
PASSED, APPROVED, AL1R
AI ADOPTED this 4 �i
AYES:
NOES:
ABSENT:
ABSTAINED:
-----------------------------------------------------
William J. Alexander, Mayor
ATTEST:
---------------------------------------------------
Debra J. Adams, CMC, City Clerk
1, DEBRA j.ADAMS, CITY CLERK of the City of RaRGhG GUGaMORga, California,do
heFeby GeFtify that the feregOiRg Resolution was duly passed, apprGved and adopted by th
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ago
Exprutpcl this 17M day of November 2005, at RaRGhG GuGamonga, GalifeF .
---------------------------------------------------
Debra J. Adams, CMC, City Clerk
NOACPSIOKAS Resolution No. 05-327
Page 5 of 12
I EXHIBIT `.A'
2 LEGAL DESCRIPTION
3 FOR PUBLIC STREET PURPOSES
4
5 (APN 209-131-02)
6 THAT PORTION OF LOT I OF TRACT MAP 2203,IN THE CITY OF RANCHO
7 CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,
8 FILED IN BOOK 34,PAGE 65,RECORDS OF SAID COUNTY, MORE
9 PARTICULARLY DESCRIBED AS FOLLOWS:
ID
I I COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE
12 (CURRENTLY 134 FEET WIDE)AND 264 STREET(60 FEET WIDE); THENCE
13 SOUTHERLY ALONG THE CENTERLINE OF HAVEN AVENUE
14 SOUTH 0028110"EAST 267.03 FEET;THENCE LEAVING SAID CENTERLINE
IS NORTH 89031'50"WEST 33.00 FEET TO A POINT ON THE WEST RIGHT OF
16 WAY LINE OF SAID HAVEN AVENUE AND THE TRUE POINT OF
17 BEGINNING;THENCE ALONG SAID WEST RIGHT OF WAY LINE
IS SOUTH 0028'10"EAST 579.13 FEET TO THE NORTH RIGHT OF WAY LINE OF
19 HUMBOLDT AVENUE(280 FEET WIDE)AS SHOWN ON SAID TRACT MAP
20 2203;THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE
21 NORTH 89'56'39"WEST 34.30 FEET TO A LINE DRAWN PARALLEL WITH AND
22 DISTANT 34.30 FEET MEASURED AT RIGHT ANGLES FROM SAID WEST
23 RIGHT OF WAY LINE ;THENCE NORTHERLY ALONG SAID PARALLEL LINE
24 NORTH 0028'10"WEST 308.60 FEET;THENCE NORTH 6045'53"EAST
25 272.38 FEET TO-SAID TRUE POINT OF BEGINNING
26
27 CONTAINING 0.350 ACRES MORE OR LESS.
28
29 SEE.EXHIBIT 'B'ATTACHED HERETO AND MADE A PART HEREOF
30
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September 22,2005 —
I.em:LCM Sheet 1 of 2
Resolution No. 05-327 NO ACTION TAKEN
Page 6 of 12
PS OMAS
I THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
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3 ACT OF THE STATE OF CALIFORNIA.
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NO ACTION TAKEN Resolution No. 05-327
Page 7 of 12
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NO ACTION TAKEN Resolution No. 05-327
Page 8 of 12
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NO MP1 AS Resolution No. 05-327
Page 9 of 12
1 EXHIBIT `A=I
2 LEGAL DESCRIPTION
3 TEMPORARY CONSTRUCTION EASEMENT
4
5 (APN 209-131-02)
6 THAT PORTION OF LOT 1 OF TRACT MAP 2203,IN THE CITY OF RANCHO
7 CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,
e FILED IN BOOK 34,PAGE 65,RECORDS OF SAID COUNTY, MORE
9 PARTICULARLY DESCRIBED AS FOLLOWS:
10
11 COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE
12 (134 FEET WIDE)AND JERSEY BOULEVARD(80 FEET WIDE)AS SHOWN ON
13 PARCEL MAP 4256 PER MAP FILED IN BOOK 38 PAGES 64 AND 65 OF PARCEL
14 MAPS, OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTHERLY ALONG
15 THE CENTERLINE OF HAVEN AVENUE SOUTH 0028'10"EAST 144.46 FEET;
16 THENCE LEAVING SAID CENTERLINE NORTH 89056'39"WEST 33.00 FEET TO
17 A POINT ON THE WEST.RIGHT OF WAY LINE OF SAID HAVEN AVENUE AND
18 THETHENCE LEAVING SAID WEST RIGHT OF
19 WAY LINE NORTH 89056'39"WEST 116.00 FEET TO A LINE DRAWN
20 PARALLEL WITH AND DISTANT 116.00 FEET MEASURED AT RIGHT ANGLES
21 FROM SAID WEST RIGHT OF WAY LINE;THENCE SOUTHERLY ALONG SAID
22 PARALLEL LINE SOUTH 0028'10"EAST 341.67 FEET;THENCE
23 NORTH 89019'10"EAST 19.64 FEET;THENCE SOUTH 0041'05"EAST 69.46 FEET;
24 THENCE SOUTH 89°26'21"WEST 9.60 FEET TO A LINE DRAWN PARALLEL
25 WITH AND DISTANT 105.70 FEET MEASURED AT RIGHT ANGLES FROM THE
26 WEST RIGHT OF WAY LINE OF HAVEN AVENUE;THENCE ALONG LAST SAID
27 PARALLEL LINE SOUTH 0028110"EAST 180.69 FEET;THENCE LEAVING LAST
28 SAID PARALLEL LINE NORTH 89056'59"WEST 45.00 FEET TO A LINE DRAWN
29 PARALLEL WITH AND DISTANT 150.70 FEET MEASURED AT RIGHT ANGLES
30 FROM THE WEST RIGHT OF WAY LINE.OF HAVEN AVENUE;THENCE ALONG
31 LAST SAID PARALLEL LINE SOUTH 0028'10"EAST 110.33 FEET TO THE
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Resolution No. 05-327 NO ACTION TAKEN
Page 10 of 12
PS OMAS
I NORTH LINE OF HUMBOLDT AVENUE(280 FEET WIDE)AS SHOWN ON SAID
2 TRACT MAP 2203; THENCE ALONG SAID NORTH LINE SOUTH 89056'39"EAST
3 116.40 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 34-30 FEET
4 MEASURED AT RIGHT ANGLES FROM SAID WEST RIGHT OF WAY LINE;
5 THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE
6 NORTH 0028'10"EAST 308.60 FEET; THENCE LEAVING LAST SAID PARALLEL
7 LINE NORTH 6045'53"EAST 272.38 FEET TO SAID WEST RIGHT OF WAY LINE;
a THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE
9 NORTH 0"28'10"WEST 122.87 FEET TO SAID TRUE POINT OF BEGINNING.
10
I I CONTAINING 1.534 ACRES MORE OR LESS.
12
13 SEE EXHIBIT 'B'ATTACHED HERETO AND MADE A PART HEREOF
14
15 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.
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NO ACTION TAKEN Resolution No. 05-327
Page 11 of 12
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NO ACTION TAKEN Resolution No. 05-327
Page 12 of 12
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