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HomeMy WebLinkAboutMagnesia Falls Dr Bridge and St Improvements 648-99 Resolution No. 03-95 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Proceed with Hearing on Proposed Resolution of Necessity - For Condemnation as Part of Magnesia Falls Drive Bridge and Street Improvements-(Project 648-99) SUBMITTED BY: Armando Rodriguez, Senior Engineer DATE: July 10, 2003 CONTENTS: Staff Report from Best, Best, & Krieger LLP Vicinity Map Recommendation: Review and concur with the attached Staff Report, written by Douglas S. Phillips, Deputy City Attorney, as to the hearing on proposed Resolution of Necessity - For Condemnation as Part of Magnesia Falls Drive Bridge and Street Improvements. Submitted By: Dep m nt ead: A. , Faz- Armando Rod gu , P.E. Michael J. Errante, P.E. Senior Engineer Director of Public Works Approv.I. Ad ACM or D- pment Services CITY COUNCIL ACTION: blat.49 APPROVED DENIED RECEIVED OTHER ✓C- /Lb City a MEETI ATE l ©'0 �' �' AYES: C ,. r , � F' nce 'rector NOES ryit �UYI ABSENT:FEL ti re ABSTAIN. 0- /cls VERIFIED BY: K-UKritfn Original on File h City Clerk's Office G:\PubWorks\PROJECTS\648-99\Staff Reports\STAFF REPORT from BBK.eminent domain Curits.dot July 2, 2003 STAFF REPORT TO: CITY COUNCIL OF THE CITY OF PALM DESERT FROM: BEST BEST & KRIEGER LLP DOUGLAS S. PHILLIPS, DEPUTY CITY ATTORNEY RE: HEARING ON PROPOSED RESOLUTION OF NECESSITY - FOR CONDEMNATION AS PART OF MAGNESIA FALLS DRIVE BRIDGE AND STREET IMPROVEMENTS - PROJECT NO. 648-99 INRODUCTION Staff requests that the City Council consider the adoption of a resolution of necessity for the initiation of condemnation proceedings to acquire the fee interest in a small parcel of property and a permanent easement (the "Property") from Alan Curtis and Laurie Morris. The Property is needed for the Magnesia Falls Drive Bridge and Street Improvements Project. The Property to be acquired is a fee interest in a 4.85 foot by 60 foot parcel, consisting of the northerly 237.5 square feet of 43-155 Portola Avenue, Lot 7, APN 622-351-007, within the Portola Palms Mobilehome park, and a permanent easement. A legal description of the Property is attached as Exhibit "A" to the Notice of Hearing. (Exhibit "2") If acquired, the Property will become part of a street right-of-way which will contain landscaping and other public improvements, including a sound wall. The right-of way will be located south of the newly widened Magnesia Falls Drive, west of Portola Avenue. A description of the Project is part of the Findings Report. (Exhibit "1") A City Council hearing on the Resolution of Necessity has been scheduled for July 10, 2003 at 4:00 p.m. Notice of this hearing has been served on the property owners Alan RMPUB\DSP\219486 Staff Report -V?03 12:55>> a • Curtis and Laurie Morris. A copy of the Notice of Hearing an Proof of Service of this Notice by fax as well as by certified and overnight mail is attached hereto as Exhibit "2". If a written request to appear at the hearing is made, then the record owner must be allowed to speak. No one other than someone who has an interest in the property is legally entitled to speak at the hearing. The only issues to be addressed at the hearing are: (a) Whether the public interest and necessity require the proposed project; (b) Whether the proposed project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; (c) Whether the real property described in the resolution is necessary for the proposed project; (d) Whether the required offer to purchase the real property has been made. At the hearing, a representative of the City Engineering Department will describe the Magnesia Falls Drive Bridge and Street Improvements Project and explain why the City needs to condemn the three parcels. An offer of just compensation, based upon the appraised value of the property, has been made to the owner and a copy of that offer is attached as Exhibit "3". Each of the four findings ("a" through "d") listed above should be fully discussed in the presentation. The City Clerk should also note, for the record, the proofs of mailing of the notice of the hearing. In the course of the public hearing, no City Council member should suggest that they have prejudged the issue as to whether condemnation proceedings should be initiated. The purpose of the hearing is to review that question and should be conducted in a way that provides a full and fair hearing for the involved owners. It is not usually RMPUB\DSP\219486 Staff Report 7/2103 12:55 PQi recommended that those wno do not have an interest in the property be allowed to speak at the hearing. This is inadvisable because the purpose of the hearing is to give the owners an opportunity to present their position as to whether or not condemnation should be initiated. Any presentation by those who do not have an interest in the property may "dilute" the presentations of those who do have such an interest. Nevertheless, it is a matter of discretion to allow such persons to speak. If no one wishes to speak, the City may proceed after hearing the staff reports. After everyone has made their presentation, a vote should be taken as to whether to adopt the resolution. (It is not recommended that the City Council go into closed session to consider how to vote on the resolution.) The resolution will only be adopted if two-thirds of the City Council vote to adopt it. That means that at least four members of the City Council must vote in favor of the resolution for it to be adopted if five Council members are present and vote. A unanimous vote is required if three or four council members are present and vote. If the resolution is adopted, City counsel will initiate condemnation proceedings, and, if so instructed, will attempt to obtain an order for immediate possession. If the City instructs us to obtain an order for possession, then a deposit based upon the appraised value of the real property will have to be made with the court. The deposit will "freeze" the date of value for one year. Attached to this memo as Exhibit "4" is a proposed Agenda for conducting the meeting. This is simply a guide for the presiding officer at the hearing to know what steps to follow in the course of the hearing. The proposed Resolution of Necessity is attached to this report as Exhibit "5°'. RMPUB\DSP\219486 Staff Report 7 2 03 12-5; CALIFORN1,-, L.NVIRONMENTAL QUALITY ACT uuMPLIANCE This eminent domain activity is a "project", subject to the California Environmental Quality Act("CEQA"). Under CEQA, the City shall determine whether the project is exempt from CEQA. (14 Cal. Administrative Code , Section 15061). Staff has determined and recommends that the City Council find that this condemnation project is: (1) categorically exempt from CEQA because this project involves a minor alteration of an existing public or private facility, involving the negligible expansion of use beyond that existing now (California Administrative Code, Section 15301(c)). If the council finds that this condemnation project is exempt from CEQA, staff will prepare a "Notice of Exemption" containing the information required by California Administrative Code Section 15062 (a) and staff will file the notice of exemption with the county clerk of Riverside County, as provided by California Administrative Code Section 15062 (c) (2). A copy of the proposed Notice of Exemption is attached to this report as Exhibit "6". Dated: July 2, 2003 BEST BEST & KRIEGER LLP By: DOUGLAS S. PHILLIPS Deputy City Attorney Exhibits: 1. Findings Report 2. Notice of Hearing and Proof of Service 3. Offers of Just Compensation 4. Proposed Agenda 5. Proposed Resolution of Necessity 6. Notice of Exemption RMPUB\DSP\219486 Staff Report 7/2/03 12:55 P 1 EXHIBIT 1 • • FINDINGS REPORT SUBJECT A proposed resolution of necessity to acquire the fee interest in a small parcel of property and a permanent easement by condemnation (the"Property"). If acquired, the Property will become part of a street right-of-way containing landscaping and other public improvements, including a sound wall. The right-of way is located on the south of the newly widened Magnesia Falls Drive, west of Portola Avenue. This property is owned by Alan Curtis and Laurie Morris. The property is improved with a mobile home which is currently being leased. This acquisition will not affect the mobilehome or the lease. RECOMMENDED ACTION The City adopt a Resolution of Necessity, declaring that the acquisition of the Property described in Exhibit A to Exhibit 2 by eminent domain is necessary for the widening of Magnesia Falls Drive, and for the installation of public improvements, including a sound wall. PROJECT DESCRIPTION Public Works Project No. 648-99 will improve traffic circulation at the intersection of Portola Avenue and Magnesia Falls Drive, and will connect Portola to Monterey. The Project calls for the widening and extension of Magnesia Falls Drive, and for the construction of sound walls, planter walls, associated landscaping features, as well as the reconstruction of concrete curb, gutter and sidewalks. Acquisition of the Property will RMPUB\DSP\219486 7/2/03 12:55 PT provide right of way on the south side of the widened Magnesia rails Drive for landscaped areas and other public improvements, including a sound wall. Widening of Magnesia Falls Drive will eliminate traffic congestion and dangerous traffic patterns on Magnesia Falls Drive, and will improve traffic circulation between Portola and Monterey. The City has complete and sole discretion whether to adopt the Resolution of Necessity to acquire the Property by eminent domain, and nothing in the law otherwise requires the City to do so. Although the City Council awarded a bid for the construction of a sound wall as if the Property had been acquired (Contract No. C20710A, awarded by City Council Minute Motion to Parsam Construction Inc. on June 12, 2003), the City has not executed the contract, and the Council may now, in its sole discretion, direct staff to amend the plans and specifications as well as Contract C20710A for the sound wall and the City may thereafter construct the sound wall without acquiring the Property. The City has attempted to negotiate with the owners of the Property in order to reach agreement on a price to acquire the Property. Notwithstanding the City's reasonable best efforts, the City has not been able to negotiate an agreement for the purchase of the Property. The City cannot proceed with the project as planned until the Property is acquired. The City has made an offer of just compensation to purchase the Property to property owners Alan Curtis and Laurie Morris, offering to purchase the Property for an amount equal to the City's appraisal of the fair market value of the Property. The offered amount will compensate the owners for the full value of the Property. The City has prepared a notice of this hearing to the property owner. That notice was prepared in accordance with Section 1245.235 of the Code of Civil Procedure, and RMPUB\DSP\219486 Project Description 7/2/03 12:55 Pfi • was mailed on July 2, 2 3 (via certified and UPS m overnight Alan Curtis and Laurie 9 ) Morris at the address shown on the last equalized Riverside County Assessment Roll. A duplicate notice was mailed (via certified and UPS overnight mail) and faxed to the owners on the same day, to 15738 Boca Raton Avenue, Llano, California, 93544. HEARING AND REQUIRED FINDINGS The action under consideration affects only the Property, and only the property owners and/or their representatives are entitled to appear and be heard on the following issues: (1) whether the public interest and necessity require the proposed project; (2) whether the proposed project is planned or located in a manner that would be most compatible with the greatest public good and least private injury; (3) whether the Properties sought to be acquired is necessary for the proposed project; and (4) whether the required offers to purchase the Properties have been made to the owners of record. This report will now address each of the findings that are required for adoption of the Resolution of Necessity. THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT The project will have numerous short term and long term economic and social benefits for the City including better traffic accommodation, increased traffic safety, and creation of a safer Magnesia Falls Drive. In addition, the project will provide sound walls, RMPUB\DSP\219486 Project Description 7203 12 55 P'Wi planter walls and associated landscaping features for the mooilehome park on the south side of Magnesia Falls Drive, in order to provide protection for the mobilehome park. II. THE PROPOSED PROJECT IS PLANNED OR LOCATED IN A MANNER THAT WOULD BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY The project will not result in dislocation of any individuals, businesses or of the mobile home located on Lot 7. The project contractor will install concrete block sound and planter walls, street pave-out, concrete curbs and gutters, and ornamental landscaping similar to what exists in the present right of way. The proposed project will improve traffic flows on Magnesia Falls Drive and will provide additional traffic safety at the Portola Avenue / Magnesia Falls intersection. III. THE PROPERTY INTEREST SOUGHT TO BE ACQUIRED IS NECESSARY FOR THE PROPOSED PROJECT The Property is necessary for the development of improved traffic circulation on a widened Magnesia Falls Drive. The Property is integral to the proposed Magnesia Falls Drive Bridge and Street Improvements. RMPUB\DSP\219486 Project Description 7/2/03 12:55 P:BI Iv. THE OFFER OF JUST COMPENSATION HAS BEEN MADE The City, made an offer of just compensation for the Property based on the appraisal prepared by Metzger & Associates, Inc. The offer was not accepted. No counter-offer was made. V. RECOMMENDATION That the City adopt the proposed Resolution of Necessity. RMPUB\DSP\219486 Project Description 7/2/03 12:55 Pfil EXHIBIT 2 NOT iut OF HEARING TO PROPERTY GvvNERS ALAN CURTIS AND LAURIE MORRIS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting of the Palm Desert City Council to be held at 4:00 p.m. on July 10, 2003 at 73-510 Fred Waring Drive, Palm Desert, California, the City of Palm Desert intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition, for public use of certain property(the"Property")which, according to the last equalized county assessment roll, is owned by you. The public use for which the Property is being taken is for the widening of Magnesia Falls Drive west of Portola Avenue. The legal description of the Property to be acquired is attached as Exhibit"A"to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the Property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the Property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard will result in the waiver of your right to appear and be heard. RMPUB\DSP\219486 "7%2 03 1255114A ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Armando Rodriguez, Project Director Department of Public Works City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 DATE OF HEARING: July 10, 2003 PLACE OF HEARING: 73-510 Fred Waring Drive Palm Desert, CA 92260 TIME OF HEARING: 4:00 p.m. Dated: July 2, 2003 BEST BEST & KRIEGER LLP By: Douglas S. Phillips Deputy City Attorney Attorneys for the City of Palm Desert RMPUB\DSP\219486 7'203 12 55-11 1 . PROOF OF MAILING NOTICE I, Doris Martin, acting on behalf of the City of Palm Desert, hereby certify that on July 2, 2003, I mailed a copy of the attached notice by certified mail, return receipt requested, as well as by UPS Overnight Delivery, to the following owners of real property located in the County of Riverside, State of California, more particularly described in Exhibit "A" attached to the Notice of Hearing: Certified Mail No. 7001 0360 0000 7826 1980 UPS Overnight Tracking No. 1Z 798 153 22 1003 608 7 To: Alan Curtis and Laurie Morris 15738 Boca Raton Avenue Llano, California, 93544 Dated: July 2, 2003 c1 Doris Martin RMPUB\DSP\219486 7/2/03 12:551PRf -1 3 WEIGHT DIMENSIONAL ENTER"LTR" WEIGHT SHIPPER'S 1 f * I UPS Next Day Aire WEIGHT F LETTER uAppik°a' ups UPS Worldwide Express' L T R COPY F' Shipping Document 4 /1111a"`r'umAIMI_ �P1i1� NEXT DAY EXPRESS 1 TYPE OF 1 I AIR n(INTL) Ill See instructions on back.Call 1-8O0-PICK-UPS 800-742-587711'i 1, SERVICE FOR IAlx1l\M�EXPRESS SHIPMENTS n DOCUMENTS $ g for additional information. Mark an•x in RdSWx l shipment only contains dxuments a r commercial value. ONLY ill TRACKING NUMBER 1Z 798 153 22 1003 608 7 5 SATURDAY SATURDAY El PICKUP n DELIVERY $ See Irelnlclione. See Instructions. 1 SHIPMENT FROM n INSUREDVALUE $ sig hi; SHIPPER'S UPS ACCOUNT NO. OPTIONAL Ca.ersae $ E UPS 7 9 8 1 5 3 Pn••r .sea;b 1 SERVICES vexe1ao.sea;lremtllora AMOUNT {�yq 7 ACCOUNT •{Bi NO. C.O.D. REFERENCE NUMBER n xCOD.er. enweeoe $ $ if1 I I eCiedend enam,.rgelee UPSC.OD.leglupackme. AMOUNT 72500 .00634 6 ADDITIONAL hill l An Additional Handling Charge applies for certainNAME TELEPHONE HANDLING n items.See Instructions. $760-568-2611. CHARGE 1 a Douglas Phillips TOTAL 111 s COMPANY CHARGES "'." $ ,a i BEST BEST AND KREIGER 7 BILL BILLTHIRO 6$li BILL RECEIVER PARTY CREDIT CHECK isl STREET ADDRESS METHOD SHIPPER DonsTC Orav , CARD American Express s° OFr Diner's Club j 74-760 HWY 111 RM 200 Diner's 1' PAYMENT X ❑ I I ❑ MasterCard I`t �° Visa sloli CITY AND STATE ZIP CODE L RECORD ACCOUNT No.w SECTION eJ i" I • I N D IAN WELLS CA 92210 ORECBVERS/THIRD PARTYS UPS ACCT.WI OR MAJOR CREDIT CARD NO. DRRAAT ON .' g 2 EXTREMELY URGENT DELIVERY TO I / ;" NAME TELEPHONE I i il THIRD PARTY'S COMPANY NAME 1 6 Alan Curtis ( ) n�i COMPANY STREET ADDRESS i�ajl Laurie Morris 6E� ifl / STREET ADDRESS DEPT./FLR. R....mm CITY AND STATE ZIP CODE `il 15738 Boca Raton Avenue D i21 CITY AND STATE(INCLUDE COUNTRY IF INTERNATIONAL) ,`;SIP CODE TMi....re*I^1pie1aoweemigipwehfl tA**e e'"S*ek."'eee"-'r`"r`0eee"meeNev ms.,-e.� 1;l Llano/ CA 93544 OSIGNATURE X Iii1 I I I I I I I III'II I III III DATE OF SHIPMENT III IliiiIIIIIIIIIIIIIIIIIIIIIIII 7/ 2 A3 0101911202609 6/00 W CERTIFIED MAIL LAW OFFICES OF BEST BEST & KRIEGER LLP \\\\\tilt\\\1111111 74-760 HIGHWAY III,SUITE 200 INDIAN WELLS. CALIFORNIA 92210 7001 0360 0000 7826 1980 7001 0360 0000 7826 1980 b 9, :i^ anc aa in p 3� » O m »O am a Fri 61- .S � � °' W 2,5 .`D,�o a w CND n 1 Ct w am as 19 m 0r Vc tII zo yv ' 1 M 1-1n 3 cD n 0 m o v -1 z 01 w * 0 (r1 r • _ 0 D D • _ n O - N z c ltl 0 D m G) '' • m ro g l 0 r o — ,;artified iviait Provides: A mailing receipt e A unique identifier for your maiipiece a A signature upon delivery e A record of delivery kept by the Postai Service for two years Important Reminders: Priority Mail. oi Certified Mail may ONLY be combined with First-Class Mail or ity Certified Mail is not available for:any class of inter:ia:iunal mail. at """ •-` is NO INSURANCE COVERAGE IS PROVIDED with (Nish. R _ V - valuables,please consider Insured or Registered iisterec d Mat. • P) For an additional fee,a Return Receipt may be requested to provide proof delivery.To obtain Return Receipt service,please complete and attach a Return p Receipt(PS Form 3811)to the article and add ap;plicabl`-postage to cover th-e n fee.Endorse mai piece"Return Receipt Requested".To receive a fee waiver to (7 G1 a a duplicate return receipt, a USPS postmark or.your Certified Mail receipt A? O required. w a For an additional fee, delivery may be restricted to the aduressee or addressee's authorized agent.Advise the clerk or mark the rnailpiece with the . p, endorsement"Restricted Delivery". A, r' p L~ to If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail W Cr receipt is not needed,detach and affix label with postage and mail. .A 6 CD 1;141PCIRTANT:Save this receipt and present it when making an inquiry. ('p O °S Feral 380u,January 2001 (Reverse) 102595-01-M-1047 M � o e .d��c.;-iY"-'f�'t"°i+�q''l�+r �i'i����: i iil'.t�.•sr SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverseC Signature so that we can return the card to you. ❑Agent • Attach this card to the back of the mailpiece, X ID Addressee or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: X1 No Alan Curtis Laurie Morris 15738 Boca Raton Avenue Llano, CA 93544 3. Service Type in Certified Mail ❑ Express Mail ❑ Registered ® Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7001 0360 0000 7826 1980 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 RESOLUTION NO. 2003- 95 A RESOLUTION OF THE CITY OF PALM DESERT DECLARING THAT THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE MAGNESIA FALLS DRIVE BRIDGE AND STREET IMPROVEMENTS PROJECT (CITY PROJECT NO. 648-99) WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real property (a fee for street right of way and a permanent easement) legally described in Exhibit "A" attached hereto, in the City of Palm Desert for purposes of widening Magnesia Falls Drive and accommodating the construction of planned public improvements pursuant to the authority granted to it by Government Code Section 37350.5; and WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City scheduled a public hearing for July 10, 2003, at 4:00 p.m., at the City Council Chambers, located at 73-510 Fred Waring Drive in Palm Desert, California, and gave to each person who owns an interest in the properties to be acquired and whose names and addresses appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure Section 1240.030; and WHEREAS, said hearing has been held by the City and each person who owns an interest in the properties to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Code of Civil Procedure Section 1245.030; NOW, THEREFORE, THE CITY OF PALM DESERT RESOLVES AND DECLARES AS FOLLOWS: RMPUB\DSP\219486 Resolution 7/2/03 12:5441 Resolution No. 03-95 Section 1. Gompliance with Code of Civil Procedure. There has been compliance by the City with the requirements of Code of Civil Procedure Section 1245.235 regarding notice and hearing. Section 2. Public Use. The public use for which the real properties to be acquired is the widening of Magnesia Falls Drive. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description of the real property to be acquired by the City. Exhibit "A" describes the general location and extent of the property to be taken with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; C. The real property described in the attached Exhibit "A" is necessary for the proposed project; and D. The offer required by Section 7267.2 of the California Government Code has been made. Section 5. Some or all of the property to be acquired by the City may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights-of-way are on file with the City which descriptions describe the general location and extent of the easements and rights-of-way RMPUB\DSP\219486 Resolution 7/210312:55]P5 P-,solution No. 03-95 with sufficient detail for reasonable identification. Pursuant to Section 1240.610 of the Code of Civil Procedure, the City finds and determines that the herein described use or uses are more necessary than said existing public uses. In the event the herein described use or uses will not reasonably interfere with or impair the continuance of any said public use as it then exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the properties subject to such existing public use, pursuant to Section 1240.510 of the Code of Civil Procedure. Section 6. Further Activities. Legal Counsel for the City is hereby authorized to acquire the hereinabove described real properties in the name of and on behalf of the City, by eminent domain, and legal counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as they may be authorized and required by law to take, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real properties at the earliest possible time. Legal counsel is further authorized to make or agree to non-material changes in the legal description of the real properties that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real properties. Section 7. Effective Date. This Resolution shall take effect upon adoption. RMPUB\DSP\219486 Resolution 7/2/03 12:55-1Pf91 Resolution No. 03-95 PASSED, ,- PROVED AND ADOPTED this loin day of July 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California RMPUB\DSP\219486 Resolution 7/2/03 12:55-W PARCEL 1 — FEE F(( L Resolution No. 03-95 . ALL THAT CERTAIN PROPERTY IN LOT 1 OF TRACT NO. 27409 IN THE CITY OF PALM DESE^T, COUNTY CF P,VEP.F"DE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN EOOK 2 1., PAGES 14 AND 15 OF MAPS OF SAID COUNTY AND BENG ALSO A PORTION OF MOBILE SPACE NO. 7 AS DEFINED AND DELINEATED ON A CONDOMINIUM PLAN RECORDED APRIL 22, 1993 AS NC. 12.31, �E CEPS COUNTY LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID MOBILE HOME SPACE NO. 7 DISTANT THEREON SOUTH 00° 09' 01" WEST 4.65 FEET FROM THE NORTHERLY TERMINUS THEREOF; THENCE LEAVING SAID WEST LINE SOUTH 89° 55' 11" EAST 50.00 FEET TO A POINT ON THE EAST LINE OF SAID MOBILE HOME SPACE NO. 7, DISTANT THEREON SOUTH 00° 09' 01" WEST 4.85 FEET FROM THE NORTHERLY TERMINUS THEREOF. - PARCEL 2- PERMANENT EASEMENT ALL THAT CERTAIN PROPERTY IN LOT 1 OF TRACT NO. 27409 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 244, PAGES 14 AND 15 OF MAPS OF SAID COUNTY AND BEING ALSO A PORTION OF MOBILE SPACE NO. 7 AS DEFINED AND DELINEATED ON A CONDOMINIUM PLAN RECORDED APRIL 22, 1993 AS INSTRUMENT NO. 148441, RECORDS OF SAID COUNTY LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: OF SAID MOBILE HOME SPACE NO. 7 • -"t i r DISTANT THEREON SOUTH 00° 09' 01" WEST 5.65 FEE FROM i : NORTHERLY TERMINUS THEREOF; THENCE LEAVING SAID WEST LINE SOUTH 89° 55' 11" EAST 50.00 FEET TO A POINT ON THE EAST LINE OF SAID MOBILE HOME SPACE NO. 7, DISTANT THEREON SOUTH 00° 09' 01" WEST 5.85 FEET FROM THE NORTHERLY TERMINUS THEREOF. _K7)\i'!N1 ON "EXHIBIT P' ATTACHED HERETO AND MADE A PART :EOi=. A.LANDS ; O Na.4131 N 2. DAVID 1-i. VILLIA IS, P.L.S. 4131 \sue EXHIBIT A EXHIBIT 2 - A .— PARCEL I — FEE ALL THAT CERTAIN PROPERTY IN LOT 1 OF TRACT NO. Z1409 IN THE CITY OF PALM DESE. T, COUNTY '.:''= P'`.:'r`' OE. STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 244, PAGES 14 AND 15 OF MAPS OF SAID COUNTY AND BEING ALSO A PORTION OF MOBILE SPACE NO. 7 AS DEFINED AND DELINEATED ON A CONDOMINIUM PLAN RECORDED APRIL 22, 1993 AS of CCFr'S COUNTY LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF S^,IDMOBILE HOME SPACE NO. 7 DISTANT THEREON SOUTH 00° 09' 01" WEST 4.65 FEET FROM THE NORTHERLY TERMINUS THEREOF; THENCE LEAVING SAID WEST LINE SOUTH 89° 55' 11" EAST 50.00 FEET TO A POINT ON THE EAST LINE OF SAID MOBILE HOME SPACE NO. 7, DISTANT THEREON SOUTH 00° 09' 01" WEST 4.85 FEET FROM THE NORTHERLY TERMINUS THEREOF. PARCEL 2 — PERMANENT EASEMENT ALL THAT CERTAIN PROPERTY IN LOT 1 OF TRACT NO. 27409 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 244, PAGES 14 AND 15 OF MAPS OF SAID COUNTY AND BEING ALSO A PORTION OF MOBILE SPACE NO. 7 AS DEFINED AND DELINEATED ON A CONDOMINIUM PLAN RECORDED APRIL 22, 1993 AS INSTRUMENT NO. 148441, RECORDS OF SAID COUNTY LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: ';;r" SAID ID MOBILE HOME SPACE NO. 7 - BEL; �.t�IlNG AT A F:)i;��i •; -,, ;: ,.,, .-- __ OF .. DISTANT THEREON SOUTH 00° 09' 01" WEST 5.65 FEE FROM THE NORTHERLY LRMiNUS THEREOF; . LAVING SAID WEST LINE SOUTH 89° 55' 11" EAST 50.00 FEET TO A POINT ON THE EAST LINE OF SAID MOBILE HOME SPACE NO. 7, DISTANT THEREON SOUTH 00° 09' 01" WEST 5.85 FEET FROM THE NORTHERLY HERLY TERMINUS THEREOF. 7'.IO,WN ON "EXHIBIT B" ATTACHED HERETO AND MADE A PART EOF. 01..\A�LANDS, "4 9G9G N , NO-4131 =; DAVIDri. VILLIAMS, P.L.S. 4131 * `tea-6-30-2004 crjq,` 2- OF C 0l0 R/W UNE — N 89'51'02- E SC.CO' v 11 I\ __ PROPOSED _R/W /T`UNc "_ 1,e a' 1 N� N 84'5a 11" 'N ' 50.00' / Ill J n 1.00' 1.00' Z 11.1 PERMANENT EASEMENT / 44' j Q ( W _11 O_ o fA cV N f.._ O CO CO O 7.0 d ci co m ' O a z SPACE No. 7 z b..] ' APN. 622-35-07 ^ b..] c L.) o O U Q, m O o 1 0 0 a- Cl O o (1) z z I N 84'51'02" E 50.00' - - _ _ , , 1 l'1J�L f�i / i�i , i __ \C�-�"�.�S``N1 o?QC�a wl CC,,v'G')Pp DAVID H. �'/1LLIA�1S FX� P6-30404 I,'I,I�9TF�-__.`0-c- // o n n :::1::::)-2-4:r.1W. (it) ► ti HATECH, wc. EXHIBIT B17770 Ccr'wricht Road site co5 MAGNESIA FALLS DR. WIDENING Checked bYQ W Irvine, Ca. 92614 (949) 250-5753 RIGHT OF WAY ACQUISITION pate.. 10/5/02 EXHIBIT 3 ::.;t �:.. ri, I V OF P i - /�i 73-510 FRED WARING DRIVE IvareraP.'.LM DESERT, CALIFORNIA 92260-2578 : TEL: 760 346-061 I .'��...-. w.,. FAX: 760 340-0574 info@palm-deserr.org May 16, 2003 Alan Curtis and Laurie Morris 15738 Boca Raton Avenue Llano, California 93544 garding: Magnesia Falls Drive Widening Project Property: 43155 Portola Avenue Unit No.7, Palm Desert, CA Assessor's Parcel No.: 622-351-007 Dear Mr. Curtis and Mrs. Morris: As you are aware, the City of Palm Desert (City) is proposing to extend Magnesia Falls Drive across the San Pascual Channel between Monterey Avenue to Deep Canyon Road. The improvements being planned adjacent to your property include curb and gutter,sidewalks, 16-foot travel lane in each direction, raised median,landscaping, 8-foot high block walls, and access from Portola Palms Home Owner's Association to Magnesia Falls Drive. It is anticipated that this project will be ready to commence construction in Summer 2003. L1 c previo!!cly mentioned.we are regi testing a dedication of Temporary Easement over that portion of your property at 43155 Portola Avenue, Space No. 7, Palm Desert, California, as shown on the attached map and legal description, in exchange for the proposed wall and monetary compensation. As agreed, your compensation is $1,850.00. In addition, we agree to address your concerns by replacing the two palm trees, which must be removed,with two 24"box size trees and provido a temporary construction fence. We assure you our Performance Bond will much exceed your requested $25,000.00 and will cover the work performed on your property. If you ritv's ^ ^r. -ease sign this letter and the attached Grant of Easement Deed. Please re,ufn the signed and notarized Grant of basement Deed along with this letter to the Public Works Department. I have enclosed a pre-addressed and posted Federal Express envelope for your convenience. Thank you for your cooperation with this improvement project. We are looking forward to a successful completion of this project. Please feel free to contact me at (760) 776-6450 should you have any questions. Sincerely, Armando Rodr9/.ue/P.E. REVIEWED AND CONCUR Senior Engineer Alan Curtis REVIEWED AND CONCUR Laurie Morris cc: Michael Errante, Director of Public Works/City Engineer G:\PubWorks\PROJECTS\64B-991Letters\right of way magfalLskunis no.7 and brokaw no.I3\Curtis offer Ietter.doc C71 routoauauuruu EXHIBIT 4 AGENDA FOR HEARING ON CERTAIN PROPERTY TO BE POSSIBLY ACQUIRED BY EMINENT DOMAIN FOR MAGNESIA FALLS DRIVE BRIDGE AND STREET IMPROVEMENTS July 10, 2003 1 . Mayor opens hearing. 2. Mayor calls upon the City Clerk for proofs of mailing of notice of hearing. 3. Mayor calls upon City Engineer for a report regarding the real property to be possibly acquired as relating to the City's purposes. 4. Mayor calls for the City Clerk to note all written objections, protests and requests to be heard, which have been filed, received, read and considered. 5. Mayor calls upon all persons with an interest in the property who wish to be heard. 6. Mayor closes hearing. 7. If the City wishes to proceed, the City adopts the resolution. RMPUB\DSP\219486 Agenda 7i2/0312:55IP131 EXHIBIT 5 EXHIBIT 5 - A Resolution No7 -- 95 (' • 7:7- OLD R/W UNE • N 89'51'02' E 5.0.00' __11 - 1\ _ ecopos -'!w UNE /1 -- 1c9 ;8 LOG' 1.00' Z PERMANENT EASEMENT i 44' j Q IW • J O 0 cO ,4 N }- O COci, 6O co co o a_ z SPACE No. 7 1.=1 W APN. 622-35-07 ^ c �.) a6 U 1: o 0 U) O o U • z z N 89'51'02- E 50.00' J\jJ\A 24— / 1A—1-5 ' 1 NN C;,0 'N1'0 I/ - air7 .47 *\ cop. 6-x•-c4 i * DAVID H. nLL TAMS P.L.S. 4131 /III 1/4'l=•. �_ '� EXP. 6-30-04 11``� ac cA.O. --/ r f I t i HATECH, INC. EXHIBIT "B" Orawn by- H.T.I. 17770 Certwr'ght Road Cole. by --a-H—W- Suite SOO MAGNESIA FALLS DR. WIDENING Checked by. W Irvine, Ca. 92614. (949) 250—S738 RIGHT OF WAY ACQUISITION Oate:. 10/5/02 EXHIBIT 6 NOTICE OF EXEMPTION TO: County Clerk, County of Riverside FROM: City of Palm Desert 1 . Project Title: Condemnation of a fee parcel and a permanent easement as part of Magnesia Falls Drive Bridge and Street Improvements Project (Palm Desert Public Works - Project # 648-99) 2. Project Location: Magnesia Falls Drive west of Portola in Palm Desert, CA. (a) Project location-City: Palm Desert (b) Project location-County: Riverside 3. Description of nature, purpose, and beneficiaries of project: Magnesia Falls Drive is an east-west street. The proposed project would widen Magnesia Falls Drive from Portola Avenue to the West. As part of the project, sound and planter walls, landscaping, as well as curbs and gutters will be constructed. The widening of Magnesia Falls Drive is part of a larger project (the Magnesia Falls Drive Bridge and Street Improvements Project) which will extend Magnesia Falls Drive from Portola Avenue to Monterey Avenue, thus connecting Deep Canyon Road and Monterey Avenue along Magnesia Falls Drive. Traffic congestion will be reduced. Traffic safety will be improved. Traffic capacity or volume, however, will not be increased. 4. Name of public agency approving project: City of Palm Desert. 5. Name of person or agency carrying out project: City of Palm Desert. 6. Exempt status: (Check one) a. Ministerial project b. Not a project c. Emergency project d. _x_ Categorical exemption. State type and class number: Minor alterations of existing public or private facilities, involving it negligible or no expansion of used beyond that existing at that time of the lead agency's determination. Class 1 . (14 California Administrative Code Section 15301(c)). e. Declared emergency. f. _x_Statutory exemption. State code section number: Public Resources Code section 21080.19 ( re-striping of streets or highways to relieve traffic congestion) RMPUB\DSP\219486 Notice of Exemption 7 2 03 12:55ZPw1 g. Other (planation: 7. Reason why project was exempt: This condemnation project will result in a widening of Magnesia Falls Drive, an existing street. There will be negligible or no expansion of traffic volume or capacity beyond that existing at the present time. The Project is, therefore, categorically exempt under 14 California Administrative Code Section 15301 and Public Resources Code Section 21080.19. 8. Contact person: Armando Rodriguez, City of Palm Desert Department of Public Works. Telephone number: (760) 346-0611. 9. Attach preliminary exemption assessment (form "A") before filing. ARMANDO RODRIGUEZ Project Administrator Date received by the Clerk of the County of Riverside for filing: (Riverside County Clerk stamp here) RMPus\DSPv219486 Description 7 2 03 12.5510)1