HomeMy WebLinkAboutRes 03-62 Magnesia Falls Dr Bridge and St Improvement Project 648-99 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: May 8, 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: Depa t Head:
J�i11�
Armando Rodri u P.E. Michael J. Errante, P.E.
Senior Engineeer Acting Director of Public Works/
City Engineer
Appro . .
� CITY COUNCI CTION:
APPROVED
DENIED
C for De/opm-nt Services RECEIVED OTHER
♦- MEETING DA? `�-
City Manager / AYESNOES:
. Ju g 1 �CC[Tit j 01
d4/.477- ABSENT:
ABSTAIN: Al
Finance irector VERIFIED BY: d)K 6
Original on File Ytl2ty Clerk's Office
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G:\PubWorks\PROJECTS\648-99\Staff Reports\STAFF REPORT from BBK.eminent domain Van Alstine.dot
April 22, 2003
STAFF REPORT
TO: CITY COUNCIL OF THE CITY OF PALM DESERT
FROM: BEST BEST & KRIEGER LLP A
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
PROCEDURE
The City is considering a proposed resolution of necessity for the initiation of
condemnation proceedings to acquire from Ray and Barbara Van Alstine the following real
property interests needed to complete a portion of theMagnesia Falls Drive Bridge and
Street Improvements Project:
1. PARCEL NO. 1: A fee interest in a parcel that is 984.42 feet long with a
variable depth from 33.68 feet to 51 .67 feet containing 1 .03 acres which will
contain a portion of Magnesia Falls Drive and utilities;
2. PARCEL NO. 2: A permanent easement, 983.42 feet long and 2 feet deep,
containing 1 ,967 sq. ft., to be used for a new concrete block wall; and
3. PARCEL NO. 3: A temporary construction easement consisting of Parcel
3A which is 992.01 feet long and 10 feet deep, plus a small addition
containing 9,968 sq. ft.; and Parcel 3B which is effectively rectangular in
shape with a length of 44.53 feet and a depth of 15.005 feet, containing 668
sq. ft., which temporary construction easement is needed to reconstruct the
RMPUB\DSP\215373 Staff Report 1
concrete uui u, gutter, wall and sidewalk on the I I VI hern edge of Magnesia
Falls Drive.
The purpose of the condemnation is to widen Magnesia Falls Drive west of Portola
Avenue. A description of the Project is part of the Findings Report attached hereto as
Exhibit "1".
A City Council hearing on the Resolution of Necessity has been scheduled for May
8, 2003. A notice of this hearing was served on the property owners Ray Elmer Van
Alstine and Barbara Van Alstine, Trustees of the Ray Elmer Van Alstine and Barbara Van
Alstine Revocable Trust dated September 14, 1981 on April 22, 2003. A copy of the
Notice of Hearing and a 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.
RMPUB\DSP\215373 Staff Report 2
An offer of just cui ipensation, based upon the appraiseu value of the property, has
been made to the owner and a copy of the first two pages 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
recommended that those who 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.
RMPUB\DSP\215373 Staff Report 3
If the resolution adopted, City counsel will initiate c lemnation 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".
CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
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
RMPUB\DSP\215373 Staff Report 4
Notice of Exemption is d«dched hereto as Exhibit "6".
Dated: April 22, 2003 BEST BEST & KRIEGER LLP
By:
DOUGL S 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\215373 Staff Report 5
EXHIBIT 1
FINDINGS REPORT
SUBJECT
Hearing on proposed resolution of necessity to acquire the following property:
1 . PARCEL NO. 1: A fee interest in a parcel that is 984.42 feet long with a
variable depth from 33.68 feet to 51.67 feet containing 1 .03 acres which will
contain a portion of Magnesia Falls Drive and utilities;
2. PARCEL NO. 2: A permanent easement, 983.42 feet long and 2 feet deep,
containing 1 ,967 sq. ft., to be used for a new concrete block wall; and
3. PARCEL NO. 3: A temporary construction easement consisting of Parcel
3A which is 992.01 feet long and 10 feet deep, plus a small addition
containing 9,968 sq. ft.; and Parcel 3B which is effectively rectangular in
shape with a length of 44.53 feet and a depth of 15.005 feet, containing 668
sq. ft., which temporary construction easement is needed to reconstruct the
concrete curb, gutter, wall and sidewalk on the northern edge of Magnesia
Falls Drive.
These parcels are part of a larger parcel of property, Assessor's Parcel No. 622-
150-008. This property is owned by Ray Elmer Van Alstine and Barbara Van Alstine,
Trustees of the Ray Elmer Van Alstine and Barbara Van Alstine Revocable Trust dated
September 14, 1981.
RMPUB\DSP\215373 6
RECOMMENDED ACTION
That the City open a hearing to consider adoption of a resolution of necessity.
The City adopt a Resolution, declaring that the acquisition of the real property
interest by eminent domain is necessary for: the widening of Magnesia Falls Drive, for the
installation of utilities, for the construction of a concrete block wall, and for a temporary
construction easement to accommodate the construction of these public improvements.
PROJECT DESCRIPTION
Staff requests that the City consider the adoption of a Resolution of Necessity
declaring an intent to acquire, through eminent domain proceedings, three parcels of
property:
1. PARCEL NO. 1: A fee interest in a parcel that is 984.42 feet long with a
variable depth from 33.68 feet to 51.67 feet containing 1.03 acres which will
contain a portion of Magnesia Falls Drive and utilities;
2. PARCEL NO. 2: A permanent easement, 983.42 feet long and 2 feet deep,
containing 1,967 sq. ft., to be used for a new concrete block wall; and
3. PARCEL NO. 3: A temporary construction easement consisting of Parcel
3A which is 992.01 feet long and 10 feet deep, plus a small addition
containing 9,968 sq. ft.; and Parcel 3B which is effectively rectangular in
shape with a length of 44.53 feet and a depth of 15.005 feet, containing 668
sq. ft., which temporary construction easement is needed to reconstruct the
concrete curb, gutter, wall and sidewalk on the northern edge of Magnesia
Falls Drive.
RMPUB\DSP\215373 Project Description 7
The purpose of ti acquisition is to improve traffic circulation at the intersection of
Portola Avenue and Magnesia Falls Drive, as part of City of Palm Desert Public Works
Project No. 648-99. Project No. 648-99 calls for the widening 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. A description of the three
parcels to be acquired are attached hereto as Exhibit "A".
Acquisition of the Property will enable the City to eliminate traffic congestion and
dangerous traffic patterns on Magnesia Falls Drive, and will improve traffic circulation at
said intersection.
The City has complete and sole discretion on 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.
The City, through its acquisition agent Overland Resources, has attempted to
negotiate with the owner 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.
An offer of just compensation to purchase the Property was prepared and delivered
to the property owners Ray Elmer Van Alstine and Barbara Van Alstine, Trustees of the
Ray Elmer Van Alstine and Barbara Van Alstine Revocable Trust dated September 14,
1981, 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 owner for the
full value of the Property.
RMPUB\DSP\215373 Project Description 8
The City staff has prepared a notice of this hearing t a property owner. That
notice was prepared in accordance with Section 1245.235 of the Code of Civil Procedure,
and was mailed on April 22, 2003 (via certified and UPS overnight mail) to Ray Elmer Van
Alstine and Barbara Van Alstine, 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, c/o Bessire & Casenhiser, Attn: Clay
Hage, 661 Brea Canyon Road, Suite 7, Walnut, CA 91789 on April 22, 2003.
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.
RMPUB\DSP\215373 Project Description 9
The City staff ham prepared a notice of this hearing to LI le property owner. That
notice was prepared in accordance with Section 1245.235 of the Code of Civil Procedure,
and was mailed on April 22, 2003 (via certified and UPS overnight mail) to Ray Elmer Van
Alstine and Barbara Van Alstine, 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, c/o Bessire & Casenhiser, Attn: Clay
Hage, 661 Brea Canyon Road, Suite 7, Walnut, CA 91789.
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.
RMPUB\DSP\215373 Project Description 9
I.
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,
planter walls and associated landscaping features for the mobilehome parks on the North
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 or businesses. 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.
RMPUB\DSP\215373 Project Description 10
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.
IV.
THE OFFER OF JUST COMPENSATION HAS BEEN MADE
The City, through its acquisition agent, Overland Resources, made an offer of just
compensation for the three parcels of 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\215373 Project Description 11
EXHIBIT A
RESOLUTION NO. 32 EXHIBIT "A"
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PARCEL 1: View looking westerly along centerline of Magnesia Falls Drive from
Approximately 350feet west of Portola Avenue.
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Real Estate Appraisers—Consultants
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RESOLUTION NO. .,,, J2 EXHIBIT "A"
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EXHIBIT "A"
LEGAL DESCRIPTION
BENG A PORTION OF TFT.E SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 17, TOWNSHP 5 SOUTH, RANGE 6 EAST. LN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE, STATE OF CALfr'ORNIA, BELNG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONLMIENCItiG AT THE EAST QUARTER CORNER OF SAD SECTION 17, ALSO
3ELNG THE INTERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS;
THENCE SOUTH 89°51'13" WEST 343.87 FEET ALONG TI-T CENTER. SECTION LINE,
ALSO BEING THE CENTERLINE OF MAGNESIA FALLS TO THE POLNT OF
BEGLD'''LNG;
THENCE NORTH 00°09'50"WEST 33.68 FEET;
THENCE NORTH 88°1»07"WEST 214.90 FEET;
1Hr.NCE NORTH 88°37'20"WEST 50.17 FEET;
THENCE NORTH 89°00'02"WEST 434.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
T.L.FNCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.88
FEET THROUGH A CENTRAL ANGLE OF 01'08'45";
TI-r;NCE SOUTH=9°51'13"WEST 205.15 FEET TO TEE EASTERLY RIGHT OF WAY OF
THE SAN PASCUA1.CHANNEL;
THENCE SOUTH O0°09'12"WEST 51.67 ALONG SAID EASTERLY RIGHT OF WAY TO A
PCiNT ON THE CENTER SECTION LIVE, ALSO BEING THE CENTERLINE OF
MAGNESIA FALLS;
THENCE NORTH 89'5.1'13" EAST 983.42 FEET ALONG SAID CENTER SECTION LIVE
TO THE POINT OF BEGINNING.
SAD DESCRIPTION CONTAINS 1.03 ACRES, MORE OR LESS. FOR GRAPHICAL
PURPOSES SEE EXHIBIT'B"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF. S//',^^
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PARCEL NO. 1
Metzger 0 Amociat e6. Inc.
Red Estate Appraisers—Consultants
RESOLUTION NO. .,., J2 EXHIBIT "A"
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 1: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 1 is the north half of Magnesia Falls
Drive from 343.87 feet west of Portola Avenue to the
easterly Right of way of the San Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Fee Simple
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 1 is 983.42 feet long with a variable
depth from 33.68 feet to 51.67 feet; and contains 1.03
Acres on a plane with surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 1
It should be noted that the property sought to be acquired as Parcel No. 1 will be a
Fee Simple Roadway acquisition to be utilized for street and utility purposes.
Therefore,this taking is herein assigned a value based upon the current Fair Market
Value of the Parent Property as stated herein.
LAND: 1.03 ACRE
1.03 ACRES @ $ 75,000/AC = $ 77,250.
INDICATED LAND VALUE: $ 77,250.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.1: $ 77,250.
23
Metzger Associates,Inc.
Real Estate Appraisers—Consultants
RESOLUTION NO. .,., J2 f EXHIBIT "A"
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PARCEL NO. 2: View looking westerly along proposed north wall right of way of
Magnesia Falls Drive from approximately 350 feet west of Portola
Avenue.
Metzger 0 Associates.Inc.
Red Estate Appraisers—Consultants
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MAP TO ACCOMPANY OFFER OF DEDICATION C
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RESOLUTION NO. 1-- r EXHIBIT "A"
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EXHIBIT "A"
LEGAL DESCRIPTION
WALL EASEMENT
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION '17, TOWNSHIP 5 SOUTH, RANGE 6 EAST, IN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, THE NORTH IJNE OF A
2.00 FOOT WIDE EASEMENT BELNG MORE PARTICULARLY DESCRIBED AS
FOLLOWS!
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 17, ALSO
BEING THE INTERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS;
THENCE SOUTH 89`51'13" WEST 343.87 FEET ALONG THE CENTER SECTION LLNE.
ALSO BEING THE CENTERLINE OF MLAGNESLA FALLS TO THE POLNT OF
BEGINNZNG;
THENCE NORTH 00'09'50"WEST 35.68 FEET;
THENCE NORTH 88°14'07"WEST 214.83 FEET;
THENCE NORTH 88°37'20"WEST 50.18 FEET;
THENCE NORTH 89°00'02" WEST 434.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 809E
FEET THROUGH A CENTRAL ANGLE OF 01°08'43
THENCE SOUTH 89451'13"WEST 203.14 FEET TO THE EASTERLY RIGHT OF WAY OF
THE SA_N PASCUAL CHANCEL,ALSO BEING THE TERMLNUS OF THIS DESCRIPTION.
SAID 5EET_LNES SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE
WESTERLY ALONG THE EASTERLY RIGHT OF WAY OF SAID CHANNEL AND
EASTERLY AT A PROLONGATION OF THE NORTHERLY RIGHT OF WAY OF
MAGNESIA FALLS.
SAID EASEMENT CONTAINS 1,967 SQUARE FEET,MORE OR LESS. FOR GRAPh7CAL r+
PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART F.
LAND SG
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a uz bo Nc. 6697 I PL S 6697
Exp.06i'0 E,77. 3E/30/04
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PARCEL NO. 2
Metzger A86ociaLe5.Inc.
Real Estate Appraisers—Consultants
RESOLUTION NO. .2 EXHIBIT "A"
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DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 2: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 2 is north of and adjacent to Parcel
No. 1 of Magnesia Falls Drive from 343.87 feet west of
Portola Avenue to the easterly Right of way of the San
Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Permanent Roadway Easement
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No.2 is 983.42 feet long with a 2 foot depth;
and contains 1,967 Square Feet on a plane with
surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 2
It should be noted that the property sought to be acquired as Parcel No. 2 will be a
Permanent Easement acquisition to be utilized for a new concrete block wall. Since
a Permanent Easement is tantamount to fee value, this taking is herein assigned
a value based upon the current Fair Market Value of the Parent Property as stated
herein.
LAND: 1,967 SF @ $ 1.75/SF = $ 3,442.
INDICATED LAND VALUE: $ 3,442.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.2: (RDD) $ 3,450.
Metzger(d Amociate ,Inc. 24
Real Estate Appraisers—Consultants
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RESOLUTION NO. 2 EXHIBIT "A"
1
,Q8
„
•
'gyp tu�« r % �
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•
PARCEL NO. 3: View looking westerly along proposed construction easement for north
wall of Magnesia Falls Drive from approximately 350 feet west of
Portola Avenue.
Metzger A880ciatC8,Inc.
Real Estate Appraisers—Consultants
•
7)
m
0
r—
EXHIBIT "D'r SHLL( ' OF I
—I
MAP TO ACCOMPANY OFFER OF DEDICATION 0
EASEMENT Z
I
UM IW Z
n rR�nbvc asom�c—f - - W
ll IWN.YS I'IJ f— d69' i••' • 1 --- - ? L
ii-_M9one'irly—Ts.Jq' %/�// . ry!//�i �% 2 N.
_1J —50�0'09^l?'.w _.. ._IO.OY)• �rovrxscn tor. ! i3- / Q__14 500'09_50'C 568' ' P.0.8.. rAMtl 'A' t
al.! M99'Sl'l.f t_ I7.JO' .aa IiVPCLi _
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o Nn. 6697
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--? 0 2 SCALE: 1" 150' N X
r' AN . PAU/W10, P.Ls. 6697 1( ►� �+ v or+a ar.tar
AA*Arm(C4 i+wr /NO iw-wii
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w ' D
RESOLUTION NO. i2 'emu EXHIBIT "A"
I�E,At
-. —'>• +-w�n I!T P6::IOPa!Yn rE:Ll..H !-u! P IR
• EXHIBIT hares •
LEGAL DESCRIPTION
• TEMPORARY CONSTRUCTION EASEMENT
?ARCEL-A•
BE.'NG A PORTION OF THE SOU TTCAST QUARTER OF THE NORTHEAST QUARTER
CF SECTION 37 TOWS 5 SOUTH.RANGE 6 EAST.Di THE COY OF PALS!
DESERT.COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,MORE PARTICULARLY
DESCAIDD AS FOLLOWS:
CORI ENCLNC AT THE EAST QUARTER CORNER OF SAID SECTION 17,ALSO
BEND TEE U4TERSEC ION OF PORTOLA AVENUE AN'D MAGNESIA FALLS;
THENCE SOUTH 89'SI'I3•WEST 343.87 FETT ALONG THE CENTER SECTION LINE,
ALSO BEING THE CE.TE11. LNE CF MAGNESIA FALLS TO THE PONT OF
BC(R,N:NING.
THENCE NORTH 00'0930T WEST 73.68 FEET:
THENCE NORTH.AXLE OT WEST.23.3 FEET:
THENCE NORTH 88'3:•32"'wEST?•i_5 FEET.
THENCE NORTH orID C2-WEST 434.3E FEET TG TH-E BEEGEN\LNG OF A TANGENT
CURVE CONCAVE SOUTHERLY AND EASTNG A LADR:S OF 404:.67 FEET;
THENCE%ESTESLY A:ONG THE ARC OF SAD CURVE AN ARC DISTANCE OF 81.12
FEET THROUGH A CENTRAL ANGLE OF 0:'0VAS':
THENCE SOUTH 69'S!'17^WEST 203.09 FEET TO Th'E EASTERLY RIGHT OF WAY OF
THE SAN PASCUAL CBANN'EL;
THENCE SOUTH 00.09'12"WEST 10A0 FEET ALONG SAID EASTERLY RIGHT OF
WAY;
THENCE SOLTH$9651'13 WEST 2.03.14 FEET TO TES BEGDT:ING OF A TANGENT - - ---
CURVE CONCAVE SOUTHERLY AND HAVC:G A RADIUS OF:044.67 FEET; —
I :i,;Rr ,,.-,...LBW>x.0 IONS WI
�umrtu P-lu r.u.nu r-.c
THENCE EASTERLY ALONG TEE ARC OF SAID CURVE AN ARC DISTANCE OF 80.92
PET THROUGH A CENTRAL ANGLE OF 01 0V 4S';
THENCE SOUTH 89.00•02'EAST:3+:6 PEET;
THENCE SOUTH OO•N'S0"EAST S.61 FEET TO THE POD7 OF BICLYNLNG.
THENCE SOUTH E837'20"EAST EO.I S FEET:
SALT'PARCEL'A"CONTAINS 9,968 SQUAR=.FEET.MORE OR LESS.FOR GRAPHICAL
THENCE SOUTH 11•:a'07-EAST 2:4 93 FEET: PURPOSES SEE EXHIBIT'3'ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
ASF!9C:4.•W-u.IT{aP1ilv.sl cr+eo+:so:_�,epl[mtyy
p ARCEL'B"
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 17.TOWNSHIP S SOUTH,RANGE 6 EAST.LN THE CITY OF PALM
DESERT.COUNTY OF RIVERSIDE.STATE OF CALIFORNIA.MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMLNQNCING AT. THE EAST QUARTER CORNER OF SAID SECTION 17,ALSO
BISG THE INTERSECTION OF PO&TOLA AVE LE AND MAGNESIA FALLS:
T IL'4CE SOUTH 699117'WEST 30.87 FEET ALONG THE CENTER SECTION LAT,
ALSO BEING THE CENTERLINE OF MAGNESIA FALLS;
THENCE NORTH 00.05'50"WEST 30.0C FEET;
THENCE NORTH 89.6113"EAST 17.30 FEET TO THE POINT OF BEGL\IING;
THENCE NORTH 00'09'33^WEST:6.00 FEET;
THENCE NORTH 89'1.0'I'"EAST 44.53 FEET:
THENCE SOUTH 00'09'03"EAST IS 0.FEET;
THENCE SOUTH EVE 1'13'WEST 44.53 FEET TO THE POINT OF BEGU4%ING.
SAID EASEMENT CONTAINS 46E SQUARE FEET,MORE OR LESS. FOR GRAPHICAL
PL-RPC'SES SEF XHIBIT-B"A ELRETO AND BY THIS REFERENCE MADE
A PART Ra•'6 F.
PLS S697
Eq.06'3046 W DN/>o�
t
r C 0\F
•
PARCEL NO. 3
Metzger 0 Aabociates. Inc.
Real Estate Appraisers—Consultants
RESOLUTION NO. — .32 , r EXHIBIT "A"
v
y.c-�:at
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 3: Temporary Construction Easement
LOCATION: Subject Parcel No. 3A lies 2 feet northerly of Parcel No.
1 that is the north half of Magnesia Falls Drive from
343.87 feet west of Portola Avenue to the easterly Right
of way of the San Pascual Channel. Parcel 3B is a small
section that extends easterly approximately 61 feet from
Parcels No. 1 and 2.
LEGAL DESCRIPTION: A copy of the Legal Descriptions is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Temporary Construction Easement.
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 3A is 992.01 feet long with a depth 10
feet plus a small addition; contains 9,968 Square Feet.
Subject Parcel No. 3B is effectively rectangular in shape,
with a length of 44.53 feet and a depth of 15.005 feet;
contains 668 Square Feet.
The total for both Parcels is 10,636 square feet. Both
Parcels are on a plane with surrounding property.
IMPROVEMENTS: None of Value
25
Metzger A88ociaLe . Inc.
Real Estate Appraisers—Consultants
RESOLUTION NO. ,,., ,32 EXHIBIT "A"
VALUE OF THE PART TAKEN
PARCEL No. 3
It should be noted that the property sought to be acquired as Parcel No. 3 will be a
Temporary Construction Easement for a four to six month period while the concrete
block wall is being constructed. Therefore the value is computed on a time basis a
ten percent per annum appears to be a very fair consideration Therefore,this taking
is herein assigned a value based upon the current Fair Market Value of the Parent
Property as stated herein.
LAND: PARCEL 3A: 9,968 SF @ $ 1.75/SF = $ 17,444,
PARCEL 3B 668 SF @ $ 1.75/SF = $ 1,169.
INDICATED LAND VALUE: $ 18,613.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO. 3: $ 18,613.
RENTAL: $ 18,613. @ 10 % X ..5 YEAR = $ 930.65
INDICATED VALUE FOR SIX MONTHS EASEMENT: (RDD) $ 950
Metzger Associates,Inc. 26
Real Estate Appraisers—Consultants
EXHIBIT 2
NOTICE OF HEARING TO PROPERTY O'vviNERS
RAY ELMER VAN ALSTINE AND BARBARA VAN ALSTINE
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 May 8, 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.
RMPUB\DSP\215373 12
Your failure to file a written request to appear and be heard within 15 days
after the mailing of this notice will result in the waiver of your right to appear and be
heard.
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: May 8, 2003
PLACE OF HEARING: 73-510 Fred Waring Drive
Palm Desert, CA 92260
TIME OF HEARING: 4:00 p.m.
Dated: April 22, 2003 BEST BEST & KRIEGER LLP
K-------)
By: ;.
D uglas S. Phillips
Deputy City Attorney
Attorneys for the City of Palm Desert
RMPUB\DSP\215373 1 3
PROOF OF MAILING NOTICE
I, Doris Martin, acting on behalf of the City of Palm Desert, hereby certify that on
April 22, 2003, I faxed and mailed a copy of the attached notice by certified mail as well
as by UPS Overnight mail, to the following owner 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. 7000 0520 0020 0507 2905
UPS Overnight Trackinq_No. 1Z7981532210035800
Facsimile Transmission No. (714) 954-5272
Ray Elmer Van Alstine and Barbara Van
Alstine, Trustees of the Ray Elmer Van Alstine
and Barbara Van Alstine Revocable Trust
725 Brea Canyon Road, Suite 6
Walnut, CA 91789
AND
Certified Mail No. 7001 1940 0005 0995 6635
UPS Overnight Tracking No. 1Z7981532210035828
Ray Elmer Van Alstine and Barbara Van
Alstine, Trustees of the Ray Elmer Van Alstine
and Barbara Van Alstine Revocable Trust
c/o Bressire & Casenhiser
Attn: Clay Hage
661 Brea Canyon Road, Suite. 7
Walnut, CA 91789
Dated: April 22, 2003
Doris Martin
RMPUB\DSP\215373 14
EXHIBIT A
f
t
•
k
„ a 4'41 it; atil.
1:400 ;
}
i
PARCEL 1: View looking westerly along centerline of Magnesia Falls Drive from
Approximately 350feet west of Portola Avenue.
Metzger 0 Associates.Inc.
Real Estate Appraisers—Coruul nts
EXHIBIT ''B'' SHEET 1 OF t
. 1
=
.N0 &ARAYC Q51nN(£
11 N00.09'50.W J.x 6B'
L7 50009'l21W 51.67'
O
CC N
Z N.N. ' 4I
/N A,2.N. 622- 150-�008 -
A V`) R-+0II.67'
-1 ` SB9'JL'1J'w .5-01-03'+5" NBBJ7'20"W
6 Au.15' C-LT(1.BB' N89'LCl'07"W IJL7R' .50.17' NL161+Orw EX/SIA C R/W \ -.
21I.90'
:�� �/ / I.OJ AC /�/./ ��� e�/ j/�/l. S0751.1J-W JI3.81' P.O.C. :.", g _
C'n __ Ne951 1J e 913J_+1 MAGNESIA FALLS _r p.o.H. /
a 0
1
n
csp l AND S
o
b No. 6697
C��.osno/ol o
•
ntI PREPARED NO£R THE X} {t ;
1'!'I $UP£RN N OF: ``). de'' Th• K��th l;pmpe�f�• ;,;
TIKC
Z �'_�-._`°_fl,.-2-- SCALE: 1- a 150' m-nr Mal w.Iwy Mail ex. -.
O OEAN J. PALUUE,O. . S. 6697 !. /Wm n...,t CI ure Oro).11M-DIVI
v-a
4..
11;:+3R =rw-PaLu DESERT olaUG 116RtS 7EPT
7E3341TE5? T-S13 P.(101/015 F-412
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF TIM SOUTHEAST QUARTER.OF THE NORTHEAST QUARTER
OF SECTION 17. TOWNSHIP 5 SOUTH, RANGE 6 EAST. LN THE CITY OF PALM
PARTICULARLY COUNTY OF RIBED.�FOLLOWS:
OF C.ALLFORN''IA, BEING MORE
CONLMENCLNG AT THE EAST QUARTER CORNER OF SAID SECTION 17, ALSO
SING THE LNT ERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS;
THENCE SOUTH 89'51'13"WEST34.8 rFhELE AAGLOLN FALLS TO R SECTION
TOUT OLINF
ALSO BENG THE CENTERLOF
BEGINN NG;
THENCE NORTH 00'09'50"WEST 33.68 FEET;
THENCE NORTH 88°14'OT WEST 214.90 FEET;
THENCE NORTH 88'37'20"WEST 50.17 FEET;
THENCE NORTH 89°00'02"WEST 43 28 FHAVEET A RAD TO IUS EG N 4.67 FEET:NING OF
THENCEOF
A TANGENT
CURVE CONCAVE SOUTHERLY-
WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.88
FEET THROUGH A CEN-rR°tL ANGLE OF 0I°08'45";
THENCE SOUTH 39°51'15"WEST 203.15 FEET TO THE EASTERLY RIGHT OF WAY OF
TIE SAN PASCUAL CHANNEL;
THENCE SOUTH 00°09'12"WEST 51.67 ALONG SAID EASTE BENG Y RIGHT
EWAY TO A
E E OF
POrsr ON THE CENTER SECTION LLNE,
AGNESIA.FALLS;
T ENCE NORTH 89'51'13"EAST 983.42 FEET ALONG SAID CENTER SECTION LINE
TO THE POLNT OF BEGLNNIN G. a.
SAID DESCRPTION CONTALNS 1.03 ACRES, MORE OR LESS. FOR GRAPHICAL
PURPOSES SEE EXHIBIT'B"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF. /- LAND S
ym
430 13
/v / , C) No. 8697 1
a^. .Palurnbc �d13v/c4
PLS F697: t •y
E..F.06:30/04 14Y
Cr CO'
0:,410 5%4067palkt ve,'-+sa+ntra790_51cst=t�4.1` L'•
PARCEL NO. 1
Metzger 0 Associate .Inc.
Red Estate App°lcers—Consultants
l
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 1: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 1 is the north half of Magnesia Falls
Drive from 343.87 feet west of Portola Avenue to the
easterly Right of way of the San Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Fee Simple
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 1 is 983.42 feet long with a variable
depth from 33.68 feet to 51.67 feet; and contains 1.03
Acres on a plane with surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 1
It should be noted that the property sought to be acquired as Parcel No. 1 will be a
Fee Simple Roadway acquisition to be utilized for street and utility purposes.
Therefore,this taking is herein assigned a value based upon the current Fair Market
Value of the Parent Property as stated herein.
LAND: 1.03 ACRE
1.03 ACRES @ $ 75,000/AC = $ 77,250.
INDICATED LAND VALUE: $ 77,250.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.1: $ 77,250.
Metzger 0 I\Sc.001tes,Inc. 23
Real Estate.4ppralscrs—Consultants
n ,�
tit t{
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err ri # * +• t'p ,\
4:•
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PARCEL NO. 2: View looking westerly along proposed north wall right of way of
Magnesia Falls Drive from approximately 350 feet west of Portola
Avenue.
Metz8er 0 A& ociatees.Inc.
Rea(Estate Appraisers—Consultants
EXHIBIT "B" - SHEET 1 OF
MAP TO ACCOMPANY OFFER OF DEDICATION
EASEMENT iJ
LmrtorA j
�
HO. ar.S c OISIANCC 'Q�
L 1 NO0139 50.W{- J.5t 68'
''S r
k K
NIV
A.P.N. 622_-150 '00? I vl
IIk.
. n
l R=1011.67' r_r.967 Sr
` S89'51'1J"W 4:O1'08'4.5" /
ZO1,II' ---1-(G.92;-- l HB9-00'07"tr IJI.73' Hd?J770'W HNti'I4'07'W
1. -so.,a
— \--PROPOSCU R/k �tlJ' P.O.B. (XISIOVC H/W `" y�4
V I NO.I. A
SB9,1'JJ-W J1J.87" i Q
1 —f_ --- MAGNESIA FALLS
a
L
c`Yop'LAN� v4`
%
No. 6697 v /04/ /
lli PREPARED MO R pit: — ri. :w'�/� /{S
N SUN' ON Or: /�
4 j R`
O / f& CAC:1 fho K�IUr q�.nos nr�t
,I. PAL uAIDO. P.L.S. 6697 °ATF SCALE: t" 150' „ ru n..,wry a.., ,.t me
N.)) ' o o..c Cd WIN Aral NO-,wi
44104
?CT
I1:33 a =rao-3411 OESEM Pik •dit1.a<S )PT T1034I70i T-SI3 P.011/015 Fti2
EXHIBIT "A"
LEGAL DESCRIPTION
WALL EASEMENT
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION I?, TOWNSHIP 5 SOUTH, RANGE 6 EAST, IN THE CITY OF PALM
DESERT.COUNTY OF RIVERSDE,STATE OF CALIFORNIA, THE NORTH LINE OF A
2.30 FOOT WIDE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 17. ALSO
BEING TEE N'ERSECTION OF PORTOLA AVENUE AND MAGNESIA.FALLS;
THENCE SOUTH 39`51'13" WEST 343.87 FEET ALONG THE CENTER SECTION LINE.
ALSO BENG THE CENTERLINE OF MAGNESIA FALLS TO THE POINT OF
BEG=N-NE G;
THENCE NORTH 00'09'50"WEST 35.68 FEET;
1t�.`CE NORTH 88'14'07"WEST 214.83 FEET;
THENCE NORTH 88°37'20"WEST 50.18 FEET;
THENCE NORTH 39°00'02" WEST 434.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.92
FEET THROUGH A CENTRAL ANGLE OF 01°08'45";
THENCE SOUTH 89°51'13"WEST 203.14 FEET TO THE EASTERLY RIGHT OF WAY OF
THE SAN PASC.AL CHANNEL,ALSO BEING THE TERMINUS OF THIS DESCRIPTION.
SAID SIDELINES SHALL BE SHORTENED OR LENGTHENED SO AS TO TERM:NATE
WESTERLY ALONG THE EASTERLY RIGHT OF WAY OF SAID CHANNEL AND
EASTERLY AT A PROLONGATION OF THE NORTHERLY RIGHT OF WAY OF
MAGNESIA FALLS.
SAID EASEMENT CONTAINS 1,967 SQUARE FEET,MORE OR LESS. FOR GRAPHICAL
PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART F. LAM- ,umbo No. 6097
?LS 6697
Exp.J6/30104 D 36/10/04
0,467S...4679.CAlurnyesxrcsa56:301 VOEnntke
PARCEL NO. 2
Metzger 0 MMociates.Inc.
Real Euate Appraisers—Cons"l°°ntt
101,
trt
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 2: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 2 is north of and adjacent to Parcel
No. 1 of Magnesia Falls Drive from 343.87 feet west of
Portola Avenue to the easterly Right of way of the San
Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Permanent Roadway Easement
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No.2 is 983.42 feet long with a 2 foot depth;
and contains 1,967 Square Feet on a plane with
surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 2
It should be noted that the property sought to be acquired as Parcel No. 2 will be a
Permanent Easement acquisition to be utilized for a new concrete block wall.Since
a Permanent Easement is tantamount to fee value, this taking is herein assigned
a value based upon the current Fair Market Value of the Parent Property as stated
herein.
LAND: 1,967 SF @ $ 1.75/SF = $ 3,442.
INDICATED LAND VALUE: $ 3,442.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.2: (RDD) $ 3,450.
24
Metzger o A88ociaLea,Inc.
Rea!Estate Appraisers—ConsaUants
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PARCEL NO. 3: View looking westerly along proposed construction easement for north
wall of Magnesia Falls Drive-from approximately 350 feet west of
Portola Avenue.
•
Metzger 0A&&ociaLe8.Inc.
Real Estate Appraisers—Consultants
EXHIBIT "D" MILEI 1 or I
MAP TO ACCOMPANY OflER Of DEDICATION
EASEMENT ,
-MC[Mu I .. _ .-. _ ..
ub— --_-GYSUNC_F. .---;-.. -_..a
IT AirSI'IJf—'�d69' ," f ` 1 '' C
_IJ SOd•09'7?'ii -'•-IQOo• \ qqa 0 .
f u . sIX7'09 c A68• P.0.8. IWKLI .4- f3 as RIiti12 1 QI o
7' a4! NAYS!'IJ.. I7.30' —I
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N !� is_-.soi7ii Zi r fs.ol• \ /
a $9 Se9'S1•I�JN II.SJ' \ I O
n
+.
A.P.N. 622-150-0013 \` i
6 (3,t1)
N.mIC6r r.967 Sr P.
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6S89'Sr•IJ•w A:OI'0:IS' L
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ti J2' J73' ?7S7J\'
E (,� —[J�_ N89'!I.1.1-t .m11. - TIrL'IJ1.78' 3J.I1X- SaeI4WO vt7l!L ��xisnAC N� P.O.C. �1� 11
aI --w--.T_&3'1;�l:.__•`—'mrrncu RAY MAGNESIA FALLS I o6rw- _sa9sl_,rw JIJ,47__ '„� •y Ll z SJ}l
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E_XHIBIT"A" •
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASE'IENt
PARCEL"A"
BEND A PORTION OF TIE SOUTIS-JtSr QUARTER OF THE NORTHEAST QUARTER
CF SECTION 17,TOWNSHIP 5 SOUTH.RANGE 6 EAST.LN THE CITY OF PALM
DESERT.COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COEOEENCLNG AT THE EAST QUARTER CORNS OF SAD SECRON 17,ALSO
BERLE THE LNTERSECtlp i OF PORTOLA AVENUE AND MAGNESIA FAILS;
THENCE SOUTH 89651'13'WEST 343.87 FEET ALONG THE CENTER SECTION LIVE,
ALSO BEING THE CE ERZ.DS CF MAGNESIA FALLS TO THE PONT OF
BEGL\11SG;
Lac-'CE NORTH 00609.50"WEST 35.E8 FEET;
=E.NCE NORTH SY:_07"'WEST 223.23 FEET;
THENCE NORTH 88.3^2,T WEST 502E F EST.
THENCE NORTH lrol'02"WEST 434.32 FEET TC THE BE:INN:LNG OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
THENCE WESTERLY ALONG THE ARC OF SAD CURVE AN ARC DISTANCE OF 81.12
FEET THROUGH A CENTRAL ANGLE OF 0:'81'a5-:
THENCE SOUS 89'F 1'lr WEST 203.09 FEET TO TICE EASTERLY RIGHT OE WAY OF
THE SAN PASCU AL C35AI EL,
THENCE SOUTH 80 0Yl."WEST 10.00 FEET ALONG SAID EASTERLY R1G11T OF
WAY:
THENCE SO(. S WWI 'WEST 203.1:FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOOT LY AND RAVING A RADIUS OF a04:.67 FEET; ;1_;.r „a.ay.V u. .J1,c 1or.s>tn T11Lf a111 1-ill r.l1an11
THENCE EASTERLY ALONG THE ARC OF SAM CURVE AN ARC DISTANCE OF 80.92
FM.THROUGH A CENTRAL ANGLE OF 01 M8'45";
THENCE SOUTH 89600 tL'"SST-7+_i FEET. THENCE SCUM 061•09'50"EAST 5.68 FEET TO THE PONT OF RIGCML\G.
THENCE SOUTH 8877'20"EAST 50.13 FEE-;
SAID PARCEL"A"CONTANS 9.96E SQU'AR?FEET.MORE OR LESS.FOR GRAPHCAL
THENCE SOUTH 886:a'OT HAS-7'a 93 FEET: PURPOSES SEE EXHIBIT'B"ATTACHED'Ears)AND BY THIS REFERENCE MADE
A?ART O EOF.
.r.D-Inc:!aw�u.-+.:ce>Pei...ef't+eco.m:rry!:me,_ F ARCEt 90"
BEING A PORTION OF THE SOUTHEAST QUARTER OF TEE NORTHEAST QUARTER
OF SECTION II.TOWNSIDP 5 SOUTH.RANGE 6 EAST.N THE CITY OF PALM
DESERT.COUNTY OF RIVERSIDE STATE Of CALIFORNIA MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 17,ALSO
BE"E•IO THE INTERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS:
THENCE SOUTH 89.51'13"WEST 343S7 FEET ALONG TIL CENTER SECTION lf'.T
ALSO BEING THE CE\TERLNE OF MAGNESIA FALLS;
THENCE NORTH 00'06'50"WEST 30.00 FEET;
THENCE NORTH 8965I'13"EAST 17.30 FEET TO THE PONT OF BEGI\NING:
THENCE NORTH 00.09'13"WEST 15.00 FEET:
THENCE NORTH 89.50'1T'EAST S4.53 FEET:
Ti0CE SOUTH 00.09'43'EAST O.FEET:
THENCE SOUTH 9965 I'l3 WEST•-433 FEET TO THE PONT OF BELL:ND:G
SAID EA rs ENT CONTAINS 666 SC BARE FEET..64=OR LESS. FOR GRAPHICAL
H CSES SEF X5®IT-B"A CURD fL�R_RO AND BY THIS REFERENCE MADE
APART a'' rF.
LAND"19
Sp
Df>b �Z 7 No.6567
PLS 569: Exo.01/50/06
EN:.061004
:1 t CSLVF�
PARCEL NO. 3
Metzger 0 Acs6ociaLe5. Inc.
Red Estate Appraisers—Consultants
- t
• t 1`
- -- ---------
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 3: Temporary Construction Easement
LOCATION: Subject Parcel No. 3A lies 2 feet northerly of Parcel No.
1 that is the north half of Magnesia Falls Drive from
343.87 feet west of Portola Avenue to the easterly Right
of way of the San Pascual Channel. Parcel 3B is a small
section that extends easterly approximately 61 feet from
Parcels No. 1 and 2.
LEGAL DESCRIPTION: A copy of the Legal Descriptions is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Temporary Construction Easement.
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 3A is 992.01 feet long with a depth 10
feet plus a small addition; contains 9,968 Square Feet.
Subject Parcel No. 3B is effectively rectangular in shape,
with a length of 44.53 feet and a depth of 15.005 feet;
contains 668 Square Feet.
The total for both Parcels is 10,636 square feet. Both
Parcels are on a plane with surrounding property.
IMPROVEMENTS: None of Value
25
Metzger 0 Amociate,5.Inc.
Red Estate Appraisers—Consukants
1 t1{�4
VALUE OF THE PART TAKEN
PARCEL No. 3
It should be noted that the property sought to be acquired as Parcel No. 3 will be a
Temporary Construction Easement for a four to six month period while the concrete
block wall is being constructed. Therefore the value is computed on a time basis a
ten percent per annum appears to be a very fair consideration Therefore,this taking
is herein assigned a value based upon the current Fair Market Value of the Parent
Property as stated herein.
LAND: PARCEL 3A: 9,968 SF @ $ 1.75/SF = $ 17,444,
PARCEL 3B 668 SF @ $ 1.75/SF = $ 1,169.
INDICATED LAND VALUE: $ 18,613.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO. 3: $ 18,613.
RENTAL: $ 18,613. @ 10 %X ..5 YEAR = $ 930.65
INDICATED VALUE FOR SIX MONTHS EASEMENT: (RDD) $ 950
26
Metzger 0 Amociates.Inc.
Real Estate Appraisers—Consultants
EXHIBIT 3
.. CITY OF Hill DES Hu
73-510 FRI:D WARING DRIVE
PALM DESERT, CALIFORNIA 92 260-2 5 7 8
TEL: 760 346-061 1
+►z � FAX: 760 340-0574
«•• infoN palm•deserr.nr5
January 13, 2003 ---- ---- --_-
Ray Elmer Van Alstine
Barbara Van Alstine
c/o Bressire & Casenhiser
Clay Hage
661 Brea Canyon Road, Suite 7
Walnut, CA 91789
Subject: Offer to Purchase Real Property
APN.: 622-150-008
Magnesia Falls Drive
Street Improvement Project
Dear Mr. and Mrs. Van Alstine:
The City of Palm Desert is proceeding with plans to widen Magnesia Falls Drive. The project
was designed to improve traffic circulation at said intersection. The City is considering
acquisition of I) a fee strip across affected private property in the area to accommodate the
construction of the planned public improvements, 2) a permanent easement for wall
construction and 3) a temporary construction easement to reconstruct the concrete curb, gutter,
wall, and sidewalk in order to accommodate the construction of planned building
improvements.
Property you own is affected by this project. Therefore, the City of Palm Desert hereby makes a
formal offer to purchase a fee strip, permanent easement and temporary construction easement
for the sum of:
$81,650.00
Eighty-One Thousand Six Hundred Fifty 00/100 dollars
This offer is the full amount the City believes to be "just compensation" for the easement
interest, and is not less than the approved appraisal of its fair market value. This offer is subject
to all terms and conditions contained in the City's purchase agreement and is subject to the
specific approval of the City Council. It is the City's hope that this price is agreeable to you •
and that the acquisition can begin immediately.
This offer letter includes a Statement of Just Compensation, as well as a summary of the basis
for just compensation and some important information about how the value was determined.
Overland Resources, Inc. has been retained as the City's acquisition consultant and will answer
any questions you have regarding this offer letter and its attachments. You can reach Overland
at (760) 772-4255 or (800) 901-5263. As you consider this offer, the City's enclosed
Acquisition Policies and Procedures brochure may help answer any questions or concerns you
may have.
Van Alstine
622-150-008
Magnesia Falls Drive
Page 2
Please acknowledge receipt of the City's offer by signing a copy of this letter and returning it to this
office. Your signature on the copy does not signify acceptance of the City's offer to settle the
acquisition, it only acknowledges receipt of the City's offer.
Thank you in advance for your anticipated cooperation.
Sincerely,
OFFER RECEIVED
By:
a os Orte Date:
City Mana r Receipt of Offer Does Not
City of Palm Desert Constitute Acceptance
M
Enclosures:
City of Palm Desert Acquisition Policies Brochure
— CITY Of POLIO OESERT
EXHIBIT 4
AGED__ FOR HEARING ON CERTAIN Pfwr'ERTY
TO BE POSSIBLY ACQUIRED BY EMINENT DOMAIN
FOR MAGNESIA FALLS DRIVE BRIDGE
AND STREET IMPROVEMENTS
May 8, 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\215373 Agenda j_
EXHIBIT 5
RESOLUTION NO. 03-62
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, a permanent easement for wall construction, and a
temporary construction easement to reconstruct the concrete curb, gutter, wall and
sidewalk) 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 May 8, 2003, at 4:00 p.m., at the City Council Chambers,
located at 73510 Fred Waring 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;
RMPUB\DSP\215373 Resolution 16
Resolution No. 03-62
NOW, THEREFGrcz, THE CITY OF PALM DESERT REOvLVES AND DECLARES
AS FOLLOWS:
Section 1. Compliance 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
RMPUB\DSP\215373 Resolution 17
Resolution No. 03-62
descriptions of any suu r easements and rights-of-way are ,,., file with the City which
descriptions describe the general location and extent of the easements and rights-of-way
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\215373 Resolution 18
Resolution No. 03-62
PASSED, r,rPROVED AND ADOPTED this 8ui uay of May, 2003, by the
following vote, to wit:
AYES: CRITES, FERGUSON, BELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
RMPUB\DSP\215373 Resolution 1 9
EXHIBIT A
e It
y _
* 1� T
jor
:~
PARCEL 1: View looking westerly along centerline of Magnesia Falls Drive from
Approximately 350feet west of Portola Avenue.
Metzger 0 A86ociate8.Inc.
Real Estate Appraisers—Consultants
•
EXHIBIT >,>,B„ SHEET 1 OF 1 R
.
•
I �
Mt DATA QI
MO &AR*VC _OVS7ANl£ Q fi
1 N00'09'SO'W .1 6B' �]
Li SOD09'!2`w 51.67' -
ik Cr
IIFg
N A.P.t.uN. 622-.150-OOB y -
8 6
R-4044.67'
$ ^I L.. s09'J1'1J'w A.4r'09'!S" AiBBJ77n'w NBa1�UrN CMsnwc R/w Vs.
r5' L�80.88'• N89'W'07 W !Jl.18' S0,fT Z1l.90' �— -
a �- / r.oJ nc l�� //� sR9S,vS w suer — *:-
N89'S1'1J'E 98J 2' MAGNESIA FALLS -- P..0.8. / _>A;
o
G VJ
r—�
n
I
l A N 0 s , I I 1.
ro No. 66971:)!I . o
iincc T
Exp.06 WO 4
") PREPARED HOER THE {t •
$UPERN Of: Ttf ,wa�� Th• K•Ith Compo•lo•
0 `°_/./.-L SCALE: 1" a 150' rr-a If• Aim fled !av a, .w Iry
DEAN J. PALUMBO. S. 6697 1. Moo A•w< CI Uk (IVJ.11N-INII
v_a►
— - Fry-PaLY DESERT P_ElIC ROM DEPT T€3341TC44 T-413 P.069/01S F-412
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 6 EAST. LN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE, STATE OF C.ALEORNIA, BENG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMINCING AT THE EAST QUARTER CORNER OF SAID SECTION 17, ALSO
3ELNG THE INTERSECTION OF PORTOLA AVENUE AND MAGNESIA FALLS;
THENCE SOUTH 89'51'13" WEST 343.87 FEET ALONG TI-E CENTER SECTION LINE,
ALSO BEING THE CENTERLINE OF MAGNESIA FALLS TO THE POINT OF
BEGLr-N NG;
THENCE NORTH 00°09'50"WEST 33.68 FEET;
THENCE NORTH 88°14'O7"WEST 214.90 FEET;
1 HtNCE NORTH 88°37'20"WEST 50.17 FEET;
r,. THENCE NORTH 89°00'02"WEST 434.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
—4)
THENCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.88
FEET THROUGH A CENTRAL ANGLE OF 01`08'45";
TI-ENCE SOUTH=9°51'13"WEST 203.15 FEET TO THE EASTERLY RIGHT OF WAY OF
THE SAN PASCUAL CHANNEL;
THENCE SOUTH 00:09'12"WEST 51.67 ALONG SAID EASTERLY RIGHT OF WAY TO A
PONT ON THE CENTER SECTION LINE, ALSO SUNG THE CENTERLINE OF
MAGNESIA FALLS;
THENCE NORTH 89'51'13"EAST 983.42 FEET ALONG SAID CENTER SECTION LINE
TO TH...POINT OF BEGINNING. '
SPA DESCRIPTION CONTAINS 1.03 ACRES, MORE OR LESS. FOR GRAPHICAL
PURPOSES SEE EXHIBIT'B"ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF. �� LAitiO S
ap
•, _ /vl/�i z f No. 6697
• _S^.YPx14.-nbc u . C6i35/C4
PLS 6697 .
4c if
Exc.06;30/0s . �'': N.<
q�` 4
0^.:1.16:9w067CJ1kLne.�casanmto6790 RctLEsrte:.4.
PARCEL NO. 1
_M Metzger 0A& ociate6.Inc.
Red Estate Appraisers—Consultants
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 1: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 1 is the north half of Magnesia Falls
Drive from 343.87 feet west of Portola Avenue to the
easterly Right of way of the San Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Fee Simple
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 1 is 983.42 feet long with a variable
depth from 33.68 feet to 51.67 feet; and contains 1.03
I J Acres on a plane with surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 1
It should be noted that the property sought to be acquired as Parcel No. 1 will be a
Fee Simple Roadway acquisition to be utilized for street and utility purposes.
Therefore,this taking is herein assigned a value based upon the current Fair Market
Value of the Parent Property as stated herein.
LAND: 1.03 ACRE
1.03 ACRES @ $ 75,000/AC = $ 77,250.
INDICATED LAND VALUE: $ 77,250.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.1: $ 77,250.
Metzger 0 Amociate,5.Inc. 23
Real Estate Appraisers—Consultants
n 1.Aya 1�
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4
:r,...._.i,5;:e: '“,t-, -- - - -':r-''''''4F';''':''::::' '''''.--::,:--._.e„,_. - . ... 1.,'1.,,'-'---4.,-,X-.-''''.._1-.-1.,''i''''':2:1';:--.--,''',',...----- .''. '
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Nam;
y rs „
-J PARCEL NO. 2: View looking westerly along proposed north wall right of way of
Magnesia Falls Drive from approximately 350 feet west of Portola
Avenue.
1
...--� Metzger 0 Awociate&,Inc.
Real Estate Appraisers—Consultants
( 1 (.10 . .1
EXHIBIT "B" SHEET 1 OF
MAP TO ACCOMPANY OFFER OF DEDICATION
EASEMENT I w
LAVC a,rA • j
LL 1 N00'O9 5O= - a J NCL J .'"Cl
k
I
N p A.P.N. 622.-i5O OO? I 11*---
A o0 r:
R=1011.67'
�-r"967 Sr
8 k., 58(75r"1J"w dt01'011'4.5" //'-- ' ,11 T'�422" M49'07'03"ty 454.26' N 5 8 -w Mkt I4'01"W
3 `PRCJI°OSW R/W ' 11 my —� P ag. .. L7f1S1WC vs, `— „..
_1 __ P.O.C.
a I � _ --- MAGNESIA FALLS -
i
G
y
1 .
sOLAHUSUS I
O` 0a 3. PqC,y e. I I
No. 6697
n
NPRIPANCO MOM plc' * c�.a/3o/w 1..1 —
SUN' ON OF.• e , ,J1q fi �,&
�, �. .,-(... TA`��1� fh• K•Ith f:wneanip
-L- SCALE; 1" a
150' -rat n.. �v ay.% a. rao
J. PAL UM
BO. P.L.S.P,L 6697 DATE—
NJ)
• r
•
1:-C1317 11:33oe :roe-:ALL DESEPT P'BUC gCR(S DEPT 7E034170; T-513 P.o;I/015 E-4;2
•
EXHIBIT "A"
LEGAL DESCRIPTION
WALL EASEMENT
BEL'G A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION •17, TOWNSHIP 5 SOUTH, R.ANGE 6 EAST, IN THE CITY OF PALM
DESERT. COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, THE NORTH LINE OF A
2.30 FOOT WIDE EASEMENT BELNG MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COM.MENCLNG AT THE EAST QUARTER CORNER OF SAID SECTION 17, ALSO
BEING THE LN'ERSECTION OF PORTOLA AVENT E AND MAGNESIA FALLS;
THENCE SOUTH 89`51'13" WEST 343.87 FEET ALONG THE CENTER SECTION LINE,
ALSO BEING THE CENTERLINE OF MAGNESIA FALLS TO THE POLNT OF
BEr.,INN-NG;
THENCE NORTH 00°09'50"WEST 35.63 FEET;
THENCE NORTH 88°14'07"WEST 214.83 FEET;
THENCE NORTH 88°37'20'WEST 50.18 FEET;
THENCE NORTH 89°00'02" WEST 434.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4044.67 FEET;
THENCE WESTERLY.ALONG TIE ARC OF SAID CURVE AN ARC DISTANCE OF 80.92
FEET THROUGH A CENTRAL ANGLE OF 01°08'45';
THENCE SOUTH 89`51'13"WEST 203.14 FEET TO THE EASTERLY RIC'-f OF WAY OF
THE SAN PASCUAL CHANNEL,ALSO BELNG THE TERMINUS OF THIS DESCRIPTION.
SAID SIDELINES SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE
WESTERLY ALONG THE EASTERLY RIGHT OF WAY OF SAID CHANNEL AND
EASTERLY AT A PROLONGATION OF THE NORTHERLY RIGHT OF WAY OF
MAGNESIA FALLS. •
SAID EASEMENT CONTRA'S 1,957 SQUARE FEET,MORE OR LESS. FOR GRAPHICAL •
PURPOSES SEE EXHIBIT"B"ATTACHED I-IERETO AND BY THIS REFERENCE MADE
A PART F.
,�0 LAND SG�
\` r� S. PANG �F:
alumbo i No. 6697 )
PLS 6697
Exp.0fii310/04 % El?, x/30704
o7•40o79. 1"Sur ny‘Etwaca`b;301_W.!ICINT t:oe
PARCEL NO. 2
Metzger 0 Associates.Inc.
Real Estate Appraisers—Consultants
n
101`
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 2: Permanent Roadway Acquisition
LOCATION: Subject Parcel No. 2 is north of and adjacent to Parcel
No. 1 of Magnesia Falls Drive from 343.87 feet west of
Portola Avenue to the easterly Right of way of the San
Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Permanent Roadway Easement
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No.2 is 983.42 feet long with a 2 foot depth;
and contains 1,967 Square Feet on a plane with
surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 2
It should be noted that the property sought to be acquired as Parcel No. 2 will be a
Permanent Easement acquisition to be utilized for a new concrete block wall. Since
a Permanent Easement is tantamount to fee value, this taking is herein assigned
a value based upon the current Fair Market Value of the Parent Property as stated
herein.
LAND: 1,967 SF @ $ 1.75/SF = $ 3,442.
INDICATED LAND VALUE: $ 3,442.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.2: (RDD) $ 3,450.
Metzger Amociate,(i. Inc. 24
Real Estate Appraisers—Consultants
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PARCEL NO. 3: View looking westerly along proposed construction easement for north
wall of Magnesia Falls Drive-from approximately 350 feet west of
Portola Avenue.
Metzger(_AA�5ociates.Inc.
Real Estate Appraisers—Consultants
f 1 . - I
EXHIBIT "B" S1111:1 1 or 1
MAP TO ACCOMPANY OFFER Of DEDICATION
EASEMENT ,
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a /y' Ne9'S1.1.1•t R.•IU41.67' C IJI, tl• �U.Itl sir 3:12771 — P.O.C. k
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A•ol'n9'IS' se(rJ)7U'%' 71l.a,l' Se9'Sl•1J"w JIJeI' Q y
a r 1 . —c 7--Nli•. — --- MAGNESIA FALLS
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No.6697
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surcleti's //yy rf �f
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PALUMBO, r.LS. 6697 r(/!L5. 6697 IC SCALE: 1" .. 150' ►r-nv n.r heft,t►wa NA AV
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• E_XHIBIT"A"
LEGAL DESCRIPTION
TEgPORARY CONSTRUCTION EASEMENT
PARCQ e.
BELNG A PORTION OF TIE SOIT:IEAST QUARTER OF THE NORTHEAST QUARTER
CF.a'EC_ION I: TOWNSHIP S SOUTH.RANGE 6 EAST.IN THE CITY OF PALM
DESERT.COUNTY OF RIVERSIDE.STATE OF CALFOE24L4 MORE PARTICULAW.Y
DESCRIBE AS FOLLOWS:
CO GE NCLNG AT THE EAST QUARTER CORNER OF SAM SECTION 17,ALSO
BEN THE ARERSECTION OF PORTOLA AVENUE AND MAGNESIA FADS;
THENCE SOUTH 1991'131 WEST 343.17 FEET ALONG THE CENTER SECTION LLNE.
•
ALSO BEING THE CENTEE _'NE CF MAGNESIA FALLS TO THE POLNT OF
BLOWN-LNG:
THENCE NORTH 00 0P'SO-WEST 3544 FEET:
T!IENCE NORTE i11:4 OT'WEST:33 CI FEET:
THENCE NORTH 61'3:':-VE3T 533.7E FEST.
'.HENCE NORTH 4r0'Cr WEST 43-1.32 FEET TO THE BEGINNING OF A TANGENT
CLOVE CONCAVE SOUTHERLY AND EAHNNG A RADIUS OF 40 1.67 FEET:
THENCE WESTERLY ALONG TEE ARC OF SAD CURVE c AN ARC DISTANCE OF 81.12
FEET'}:ROUGH A CENTRAL ANGLE Of 0:•01'+SI;
THENCE SOUTH 191E!.•13-WEST 203.G9 FEET TO THE EASTERLY RIGHT OF WAY Of •
THE SAN PASCUAL GRAPNEL;
THENCE SOUTH 00`09'I:-WEST 10.00 FEET ALONG SAID EASTERLY RIGHT OF
WAY:
THENCE SOUTH/9•5I1T WEST 203.14 FEET TO THE BEGINNING OF A TANGENT -- ---- --- —
CURVE CONCAVE SOUTH ER Y AND HAVING A RADIUS OF=0::.67 FEET;
.44.RYn Pk::WINS In lf1LIRU 1-Nl LII{AI! P-tG
THENCE EASTERLY ALONG TIE ARC OF SAM CURVE AN ARC DLSTA.NCE OF 10.02
?�E'I THROUGH A CETL J.ANGLE OF 01 NB'a3`;
THENCE SOUTH 19-00%C"EAST/NZ/FEET:
THENCE SCUM 0C}TS0^EAST 541 FEET TO THE PONT OF BEGM'LNG.
THENCE SOUTH 18'37.30^EAST!0.!I FEzT:
SAL^PARCEL-A-CONTAINS 3961 SQUARE.FEET.MORE OR LESS.FOR GRAPHICAL
HENCE SOUTH se s•0'^HAS'::+13 FEET; FL/LIVES SEE EXHIBIT-3-ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
OF.
x!nac:i..w:1a'+��IPaly+.aF 'm+_ r ARCEL-8^
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE MAT/EAST QUARTER
OF SECTION IT,TOWNSHP S SOUTH.RANGE 6 LAST.N THE CITY OF PALM
DESERT.COUNTY OF RIVERSIDE.STATE OF CAL ORLNLt MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COSLNIE.NCLNG AT THE EAST QUARTER CORNER OF SAID SECTION II.ALSO
B00IQ THE LNTERSECTR)N OF PORTOIA AVENUE AND MAGNESIA FALLS;
THENCE SOUTH 19•51.11I WEST 34337 FEET ALONG THE CENTER SECTION UNE.
ALSO BENG THE CENTERLINE OF MAGNESIA FALLS;
THENCE NORTH 0O.OS'sr WEST 30.0C FEET;
THENCE NORTH I9'S I•l3^EAST 17.3G FEET TO THE PORT OF REGLt\D:G:
THENCE NORTH 00'OS•4T WEST 15.00 FEET:
THENCE NORTH 59917I"EAST 44.53 FEET:
TiOENCE S OL-El OV09'c3'EAST:i C.FEET;
THENCE SOUTH 5915I'I3-WEST:4331 EET TO THE POINT OF II/CNN-LNG.
SAID EacP^NEN.CONTAINS 661 SQUARE FEET,MORE OR LESS. FOR GfAPWCAL
PLZPCSES SEF XHIBA-B^A CHFD HERETO AND BY THIS REVERENCE MADE
A PART a' .
,�/OP 7 �`Li k 3. 'HC--eke
i.o.6667
Ceres .Pa:sau •
PLS 569E
Eq.06'3044 Lw 0I/50/01
'>4 4%
1 CSySF�
PARCEL NO. 3
Metzger �A8sociates. Inc.
w
Red Estate Appraisers—Consultants
n
*1. NA.
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 3: Temporary Construction Easement
LOCATION: Subject Parcel No. 3A lies 2 feet northerly of Parcel No.
1 that is the north half of Magnesia Falls Drive from
343.87 feet west of Portola Avenue to the easterly Right
of way of the San Pascual Channel. Parcel 3B is a small
section that extends easterly approximately 61 feet from
Parcels No. 1 and 2.
LEGAL DESCRIPTION: A copy of the Legal Descriptions is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Temporary Construction Easement.
EASEMENTS: There do not appear to be any Easements which adversely
affect the Subject Parcel.
LAND: Subject Parcel No. 3A is 992.01 feet long with a depth 10
feet plus a small addition; contains 9,968 Square Feet.
Subject Parcel No. 3B is effectively rectangular in shape,
with a length of 44.53 feet and a depth of 15.005 feet;
contains 668 Square Feet.
The total for both Parcels is 10,636 square feet. Both
Parcels are on a plane with surrounding property.
IMPROVEMENTS: None of Value
Metzger Amociate. .Inc. 25
Real Estate Appraisers—Consultants
i !: yNapo
VALUE OF THE PART TAKEN
PARCEL No. 3
It should be noted that the property sought to be acquired as Parcel No. 3 will be a
Temporary Construction Easement for a four to six month period while the concrete
block wall is being constructed. Therefore the value is computed on a time basis a
ten percent per annum appears to be a very fair consideration Therefore,this taking
is herein assigned a value based upon the current Fair Market Value of the Parent
Property as stated herein.
LAND: PARCEL 3A: 9,968 SF @ $ 1.75/SF = $ 17,444,
PARCEL 3B 668 SF @ $ 1.75/SF = $ 1,169.
INDICATED LAND VALUE: $ 18,613.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO. 3: $ 18,613.
RENTAL: $ 18,613. @ 10 %X ,.5 YEAR = $ 930.65
INDICATED VALUE FOR SIX MONTHS EASEMENT: (RDD) $ 950
Metzger Amociatea Inc.
26
Real Estate Appraisers—Consultants
EXHIBIT 6
NOTICE OF EXEMPTION
TO: County Clerk, County of Riverside
FROM: City of Palm Desert
1. Project Title: Condemnation of fee, permanent wall easement and temporary
construction 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)
R.MPus\Dsr\us373 Notice of Exemption 20
g. Other. explanation:
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)
RMPUB\DSP\215373 Description 21
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Magnesia Falls Drive Condemnation
2. Location: Palm Desert and County of Riverside, California
3. Entity or person undertaking project:
A. City of Palm Desert
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in
accordance with the "Local Guidelines for Implementing the California Environmental Quality Act
(CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. _X_ The project is categorically exempt.
Applicable Exemption Class: Class 2 (§15302)
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead
Agency. Name of Lead Agency:
Date: April 22, 2003
ARMANDO RODRIGUEZ
Project Administrator, Department of
Public Works, Palm Desert, CA
TITLE
FORM "A"
TO NOTICE OF
EXEMPTION
RMPUB\DSP\215381
r
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
w BRIDGE AND STREET
Q CONNECTION
w
PL
w
Z MAGNESIA FALLS DR.
1 2 3,000 3,000
6,000 - 7,500 3,000 - 5,000
w LINCOLN PALM DESERT
Z ELEMENTARY MIDDLE SCHOOL d
j z
= j SCHOOL cc
Q 0Q Z
PARK VIEW DR. , COLLEGE OF O chic —J O
THE DESERT m CENTER O Q NOT TO SCALE
I a U W C.)Z Q O W
7 � Z a
Q
co
30,000 30,000
25,500 - 27,000 28,000 - 30,000
FRED WARING DR.
LEGEND :
K CURRENT VOLUME = 0,000
1 FUTURE VOLUME = 0,000 - 0,000