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HomeMy WebLinkAbout89-239 - Resolutions RESOLUTION NO~ 89-239 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 AND MAKING FINDINGS IN SUPPORT THEREOF, APN 209-041-32, 33 AND 34 A. Recitals (i) The City of Rancho Cucamonga has conducted a study pertaining to the design, construction and street widening project for Arrow Route. Based upon the study conducted, it has been determined that the most reasonable and feasible alignment for the proposed street widening will require the acquisition of a right-of-way across a portion of the property known as 10025 Arrow Route (vacant lots), more particularly described herein; (ii) Pursuant to the provisions of California Government Code Section 7267.2, prior to adopting this Resolution, the City has made an offer to the owners of record to acquire the property for the full amount of fair market value as established by independent appraisal valuations; (iii) Pursuant to California Government Code Section 40404, a City may acquire private property by condemnation when it .is necessary for extending and widening streets, as well as for the construction of drains, sewers and aqueducts; (iv) On June 7, 1989, this Council held a duly noticed public hearing pursuant, to the terms of California Code of civil Procedure Section 21245.235 and said public hearing was concluded prior.to the adoption of this Resolution; and, (v) All legal prerequis'ites have occurred prior 'to the adoption of this Resolution. B. Resolution 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 portion of the property which is required for a right-of-way for street widening purposes 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. Resolution No. 89-239 Page 2 SECTION 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 follows: 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 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 CaliforQia Government Code Section 7267.2. SECTION 4: The City Council hereby declares its intention'to acquire the property described in Section 2, above, by proceeding,s 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 and .acquiring a right-of-way for street 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 7th day of June, 1989.. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None Dennis. L. Stout, Mayor Resolution No. 89-239 Page 3 ATTEST: Beverly ~(. Authelet, City Clerk I, BEVERLY A. AUTHELET, 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 7th day of June, 1989. Executed this 8th day of June, 1989 at Rancho Cucamonga, California. Bever/l~y A. Authelet, City Clerk Resolution No. 89-239 Page 4 EXHIBIT "A" BEGINNING A 21