HomeMy WebLinkAbout88-397 - Resolutions RES(~UTION NO. 88-397
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN(~O
C~CAI~N~A. CALIFORNIA. DE~RI~ ~E ~LIC ~ED A~
~SSI~ TO ~E~ ~RTIONS OP ~R~ R~ ~O~RTIES
LO~D IN ~E CI~ OF ~0 ~~A ~D ~
FI~I~S IN ~P~RT ~EREOF
A. Recitals.
(i) The City of Rancho Cucmaonga has conducted a study pertaining to
the design, construction and alignment of a street widening project for
Amethyst Avenue at 19th Street. Based upon the study conducted, it has been
detemined that the most reasonable and feasible alisnment for the proposed
street widening will require the acquisition of a right-of-ways at portions of
a residentially zoned parcels, more particularily described herein;
(ii) Pursuant to tbs provisions of Cali2ornia Govermaent Code Section
7267.2, prior to adoptin$ this Resolution, the City has made an offer to tbs
owners of record to acquire the properties for the full maount of fair market
values as established by independent appraisal valuations;
(iii) Pursuant to California Govermaent Code Section 40404, a City
may acquire private property by condemnation when it is necessary for extending
and widening streets, aa well as for the construction of drains, sewers and
acqueduct sl
(iv) On June 15, 1988, this Council held a duly noticed public
hearing pursuant to the terms of California Code of Civil Procedure Section
1245.235 and said public hearing was concluded prior to the adoption of this
Resolution; and,
(v) All legs/ prerequisites have occurred prior to the adoption of
this Resolution.
B. Resolution.
NO~, ~HEREPORE, 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.
SECTION 2.' Those portions of the properties which are required for a
right-of-way for street widening purposes are situated in the City of Rancho
Cucmaonga. County o~ San~ Bernardlno. State of California. and are more
specifically outlined in the legal descriptions and maps attached hereto as
Exhibit "A~ and incorporated herein by this reference.
Resolution No. 88-397
Page 2
SECTZON 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 follovs~
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
c. The portion of properties defined in this Resolution are
necessary for the proposed pro~ectj and,
d. An offer of fair market value- has been made to the ovners of
said real properties pursuant to the terns of California Goverrment Code
Section 7267.2.
SECTION 4; The City Council hereby declares its intention to acquire
the properties described in Section 2, above, by proceedings in e~inent
do~atn. 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 na~e of the City of Rancho Cuca~onsa, against all meners and clai~ants of
the properties described here~n for the purpose of condemning and acquiring a
right-of-ways for street purposes, and to do all things necessary to prosecute
said action to its final deter~ination in accordance with the provisions of
applicable thereto. The C~ty Attorney is authorized and instructed to make
applications to said Court for an Order fixing the emount 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: The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, and ADOFTED this 15th day of June, 1988.
AYES: Brown, Buquet, Stout, King, Wright
NOES: None
ABSENT: None
Dennis L. Stout, ~ayor
Resolution No. 88-397
Page 3
ATTEST~
Beverly A. Autbelet, City Clerk
I, B~ERLY A. AU~It~LET, CITY CLERK of the City of Rancho
Cuca~onga, California, do hereby certify that the foregoing Resolution was duly
passed, approved, and adopted by the City Council of the City of Rancho
Cuca~onga, California, at a regular meeting of ~aid City Council held on the
15th day of June, 1988.
~xecuted this 16th day of June, 1988 at Rancho Cucamonga, California.
~Authelet, City Clerk
Resolution No. 88-397
Page 4
EXHIBIT "A"
Pot a valuable consideration, receipt of which is hereby acknowledged, Irene
Horvath. a widow, grant(a) to the City of Rancho Cucamonga, a Municipal
Corporation, an easement for street and related purposes in. over and upon that
certain real property in the City of Rancho Cucamonga, County of San
Bernardino. State of California. described as follows.'
That portion of Lot 1. Block 8, Cucemonga Homestead Association Lands,
as per plat recorded in Book 6 of Maps, Page 46, Records of San
Bernardino County, as described as follows:
Commencing at the Northwest corner of Lot 1. thence south along the
east line of Amethyst Avenue a distance of 35.00 feet; thence
north-easterly along a curve concave to the southeast with a radius of
24.00 feet to a point 11.00 feet south of and 24.00 feet east of the
said northwest corner of Lot 1~ thence easterly parallel with the
north line of said Lot I a distance of 16.00 feet; thence at right
angles northerly and parallel with the west line of Lot I a distance
of 11.00 feet;' thence at right angles westerly along the north line
of said Lot 1 a distance of 40.00 feet to the point of beginning.
Aforementioned portion to become a part of Amethyst Avenue and
Nineteenth Street.
RevolterS. on No. 88-397
?ase 5
PART TAKE
19th Street
"i~' °' ~r~ ~ Part Taken
~ 563.6 square feet
Scale = 1" = 20' ,~
A.P.N. 202-111-06
,- 3,328 square feet
E
A.P.N. 202-111-05
2,000 square feet .
03-87-317 37