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HomeMy WebLinkAbout89-542 - Resolutions RESOLUTION NO' 89-542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ASSESSORS PARCEL NO. 208-091-23, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recital s (i) The City of Rancho Cucamonga has conducted a study pertaining to the alignment, construction and improvement of the Cucamonga Storm Drain (Phase I) in the City of Rancho Cucamon§a (hereinafter referred to as the "Project"). Based upon such analysis, it has been determined that the most reasonable and feasible plan for alignment, construction and improvement of the Cucamonga Storm Drain (Phase I) will require the acquisition of a portion of that certain real property commonly known by the street address of 7785 Vineyard Avenue, Rancho Cucamonga, California, and more particularly described in the attached Exhibit "A". (ii) Pursuant to California Government Code 4, Section 40404(b), a City may acquire private property by condemnation when it is necessary for rights-of-way for drains, sewers, and aqueducts; and (iii) Pursuant to the provisions of California Government Code Section 7267.2, prior to adopting this Resolution the City has made an offer to the owner of record to acquire the property for the full amount of fair market value as established by an independent appraisal valuation; and (iv) On November 1, 1989, this Council held a duly noticed hearing pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said hearing was concluded prior to the adoption of this Resolution; and (v) All legal prerequisites have occurred prior to the adoption of this Resolution. B. Resol uti on NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. SECTION 2: That the real property which is required for the street improvement purposes referenced herein is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and is more specifically outlined in the legal description and map attached hereto as Exhibit "A" and incorporated herein by this reference. _SECTION 3: Based upon substantial evidence presented to this Council during the above referenced public hearing, including written and oral staff reports, the City Council specifically finds as follows: Resolution No. 89-542 Pa ge 2 a. The public interest and necessity require the proposed project; and 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; and c. The property defined in this Resolution is necessary for the proposed project; and, d. An offer of fair market value has been made to the owners of said real property pursuant to the terms of California Government Code Section 7267.2. SECTION 4: The City Council hereby declares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain. 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 name of the City of Rancho Cucamonga, against all owners and claimants of the property described herein for the purpose of condemning for street improvement purposes, and to do all things necessary to prosecute said action to its final determination in accordance with the provisions of law applicable thereto. The City Attorney is authorized and instructed to make applications to said Court for an Order fixing the amount 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 ADOPTED this 1st day of November, 1989. AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ABSENT: None Dennis L. Sto~ut~Mayor ATTEST: 'Debra J. Ada~/~, Ci'ty C1 er'k~ Resolution No. 89-542 Pa ge 3 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 1st day of November, 1989. Executed this 2nd day of November, 1989 at Rancho Cucamonga, California. ebra J. ~A~ams, City Clerk Resolution No. 89-542 Pa ge 4 EXHIBIT "A" EASEMENT DESCRIPTION FOR PAUL j. PESTEL AND JUDY A PESTEL PROPERTY APN: 208-091-23 A 5 foot strip located northwesterly and adjacent to the northerly line of the Pacific Electric Railroad Company right-of-way, being the southeasterly 5 feet of the following described parcel: The northerly 50 feet of a portion of Lot 6, Subdivision "C" Cucamonga Vineyard Tract, in the County of San Bernardino, State of California, as per map recorded in Book 21 of Maps, Page 67, in the Office of the County Recorder of said county, described as follows: Beginning at the southerly corner of lot 6; thence north 0 degrees 12 minutes east along the easterly side of Vineyard Avenue, 204.37 feet; thence east 179.85 feet to the intersection of the northerly line of the Pacific Electric Railroad Company right-of-way; thence south 41 degrees 26 minutes west along the northerly line of the Pacific Electric Railroad Company right-of-way to the Point of Beginning.