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Home My WebLink AboutRes 99-81 Eminent Domain Necessary for Widening of Monterey Avenue 672-98 -sq-del Resolution No. 99-81 July 21 , 1999 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 - MONTEREY AVENUE WIDENING PROJECT; PROJECT NO. 672-98 PROCEDURE The City is considering a proposed resolution of necessity for the initiation of condemnation proceedings to acquire certain real property needed for construction of the Monterey Avenue Widening Project. A Project Description is attached as part of Exhibit"1" hereto. The hearing is set for July 22, 1999, and a notice for this hearing was sent to the owners on July 1, 1999. A copy of the Notice of Hearing and a Proof of Service of this Notice is attached hereto as Exhibit "2". If a written request to appear at the hearing is made, then the record owners 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 Monterey Widening Project and explain why the City needs the property. Offers of just RMPUB\DSP\151703 Staff Report compensation, based upon the appraised value of the property, have been made to the owners and copies of those offers are attached as Exhibits "3(a)" through "3(d)". Each of the four findings 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 members of the City 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 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 RMPUB\DSP\151703 Staff Report 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) statutorily exempt from CEQA because this project calls for re-striping of Monterey Avenue to relieve traffic congestion (California Public Resources Code, Section 21080.19), and; (2) categorically exempt from the 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 Notice of Exemption is attached hereto as Exhibit "6". Dated: July 21 , 1999 BEST BEST & KRIEGER LLP By: DOU AS S. PHILLIPS Deputy City Attorney RMPUB\DSP\151703 Staff Report PROJECT DESCRIPTION, SPECIFIC ISSUES TO BE ADDRESSED AT THE HEARING ON RESOLUTION OF NECESSITY; RECOMMENDATION FOR CITY ACTION SUBJECT Hearing on proposed resolution of necessity to acquire a portion of real property owned as follows: Lot 6, APN 627-061-010, William H. Nye and Shirley E. Nye, husband and wife; Lot 5, APN 627-061-009, Donald M. Bolas, an unmarried man; Lot 4, APN 627-061-008, Nancy Noel as Trustee of the Nancy Noel Living Trust; Lot 3, APN 627-061-007, Myers Investment. 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 traffic and circulation purposes and making certain determinations. INTRODUCTION The City is being asked by staff to consider the adoption of a Resolution of Necessity declaring an intent to acquire through eminent domain proceedings four parcels of property (hereinafter referred to as "the Properties")for purposes of widening Monterey Avenue to the East. The description of the Properties to be acquired are attached hereto as Exhibit "1-A". The Project is described on Exhibit "1-B". Acquisition of the Properties will enable the City to eliminate a bottle-neck on Monterey Avenue. RMPUB\DSP\151703 EXHIBIT I. THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT The project is the widening of Monterey Avenue to the east. The project will have numerous short term and long term economic and social benefits for the City including better traffic accommodation and alignment of Monterey Avenue where it intersects with San Gorgonio Road. 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 City will relocate affected improvements, such as monument signs that are on the Properties. The proposed project will improve traffic flows on Monterey Avenue. III. THE PROPERTY INTEREST SOUGHT TO BE ACQUIRED IS NECESSARY FOR THE PROPOSED PROJECT The Properties are necessary for the development of improved traffic circulation on Monterey Avenue. The Properties are integral to the proposed realignment of Monterey Avenue. RMPUB\DSP\151703 Project Description Iv. THE OFFER OF JUST COMPENSATION HAS BEEN MADE On July 1, 1999, the City made offers of just compensation for the Properties based on the fair market value of the Properties as indicated in the independent valuation appraisal prepared by Rose Sweet of R. F. Sweet & Associates. V. RECOMMENDATION That the City adopt a Resolution of Necessity for the reasons stated above. RMPUB\DSP\151703 Project Description EXHIBIT "A" - - — RIGHT OF WAY DEDICATION A PORTION OF LOT 6 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. , STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 NORTH 89°47'00" EAST A DISTANCE OF 4.47 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 37.86 FEET TO A POINT ON A NON-TANGENT CURVE, SAID POINT HAVING A RADIAL BEARING OF NORTH 89°16'18" WEST; THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.51 FEET THROUGH A CENTRAL ANGLE OF 64°24'08" A DISTANCE OF 29.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6, SAID POINT HAVING A RADIAL BEARING OF NORTH 26°19'34" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 89°47'00" WEST A DISTANCE OF 0.19 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 6 ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90°29'00" A DISTANCE OF 31.58 FEET: THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00°16'00" EAST A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 335 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. EXHIBIT PR RED ER SUPERVISION OF L. Aonl 27 1999 DATE Lot 6, APN 627-061-010, William H. Nye and Shirley E. Nye PANIES PALM DESERT 760-346-9368 EXHIBIT "B" 55' 30' z cri � LOT 5 0 z o PALMA VILLAGE o °D > ,o UNIT NO. 7 o I Ei o P.O.B. M8 21/16-18 m b.,. N `'' 7_ N89'47'00"E 127.53' W n 4.47' 123.06' - b 3 c� Z 3 0 w � Z c c° ',8916'18"W(R) b vet � ^ LOT6 o z / z /E=64'24'08' PALMA VILLAGE N W i R=26.51' UNIT NO. 7 `0 o C I L=29.80' MB 21/16-18 Esl i T=16.69' Z i 4 N26'19'34 E(R) =90'29'00' — O R=20.00' 4,, 107.68' L=31.58' i N89'47'00'E 107.87' T=20.17' 0.19' o SAN GORGONIO WAY r. - - - t I ttiii- SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: - LAND '• THE —Civil ...��5�° KEtie v/PLF.._ KEITH Architecture �- �1 . —Landscape Architecture No. 6687 lit COMPANIES Surveying �� txo. 06/30/00 PALM DESERT DIVISION -Construction / jl .4 7/yam' • } Monogement 41-865 BOARDWALK • SUITE 101 • PALM DESERT, CA • 92211 DAL ELLEHER� ` DATE: slgTf �F��\P (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 OF CAS EXHIBIT"A" RIGHT OF WAY DEDICATION A PORTION OF LOT 5 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 89°47'00" EAST A DISTANCE OF 2.84 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5 SOUTH 89°47'00" WEST A DISTANCE OF 4.47 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 5; THENCE ALONG THE WESTERLY LINE OF SAID LOT 5 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PRF.,�4RE UE�SUPERVISION OF // Ann!27 1999 _ DAL LLEHER DATE THE KEITH COMPANIES Lot 5, APN 627-061-009, Donald M. Bolas 760-346-9844 P 760-346-9368 EXHIBIT "B" 1 /P.0.8. LOT 4 /� N89'47'00"E 127.02' g ii 2.84� 124.18' — f W Ji t:i Z z lL 0 t7 = N /t0 LOT 5 m o �% o//in VILLAGE $ 3 I- ( �/ UNIT NO. 7 b ...1T SiS� n MB 21/16-18 Fn /o !t 30'b �z z ra �7' 123.06'c Gs z N894 . 'r LOT 6 b h PALMA VILLAGE N o W UNIT NO. 7 a MB 21/16-18 W A=90'29'00" Q R=20.00' = L=31.58' N89'47'00"E 107.87' -.) T=20.17' A SAN GORGONIO WAY ‘ - SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION • -Planning PREPARED UNDER THE SUPERVISION OF: co :ND cso THE -Civil ��5 EE<< ��FEngineering c �, f f,KEITH -Land cape �� -rchite opeN6687 ArchlIOCtU(SCOMPANIES -`0ntla,nnocrucQ / �„i /J✓/2." ,, Eap. /30/00\, ng -Construction '�/G l�l PALM DESERT DIVISIONManagement41-865 80ARDWALX SUITE 101 t PALM DESERT, CA 9 92211 DALE K LLEHER DATE: `P i. 4(760) 346-9844 0 FAX (760) 346-9368 LS 6687 EXP. 6-30-00 O �p�\E EXHIBIT "A" RIGHT OF WAY DEDICATION A PORTION OF LOT 4 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18. INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°47'00" WEST A DISTANCE OF 2.84 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 122 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PRFFJ,R��E SUPERVISION OF ((�A//// �/ Aoril 27 1999 DAL LEPER ( DATE THE KEITH COMPANIES - PALM DESERT Lot 4, APN 627-061-008, Nancy Noel 760-346-9844 760- 46-9368 EXHIBIT "B" P O B LOT 3 N89'47'00"E 126.52' 1.22',..-- 125.30' o 1-- o LOT 4 0 �o b PALMA VILLAGE b c � 3 UNIT NO. 7 o V c/ar' MB 21/16-18 z ✓ r` I ., J a., Z / �1 0 124.18' W 84' of . N8947'00 E 1 27.02I (nl W (� O O `o LOT 5 I o co o o PALMA VILLAGE o Z a UNIT NO. 7 to b o 155' MB 21/16-18 in ` 30' i CW = N89'47'00'E 127.53' Z w d - • LOT 6 PALMA VILLAGE 0 �' I UNIT NO. 7 to o I MB 21/16-18 Wi E— Z I A=90'29'00' -I)C R=20.00' L=31.58' N89.47'00'E 107.87' T=20.17' i lifi . i o SAN GORGONIO WAY 1 — c. SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED •UNDER THE SUPERVISION OF: . p LAND s '. THE —Civil �5� KE( �� Engineering C., \, /e,,S, ,i-.. KEITH -Architecture :. \ oP �� o�.it . -Landscape Architecture No. 6687 COMPANIES -` // 0,7/ff : Surveying �` Ex.. 06/30/00PALb1 DESERT DIVISION -Maement (fsV 41-865 BOARDWALK • SUITE 101 • PALM DESERT, CA • 92211 DALE KELLEHER DATE: •••slgrf �F (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 O' CA\. EXHIBIT"A" _ _ RIGHT OF WAY DEDICATION - A PORTION OF LOT 3 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE NORTH 01°17'13"WEST A DISTANCE OF 44.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 SOUTH 89°47'00" WEST A DISTANCE OF 44.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27.3 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. P ARED UNDE13 DrIE SUPERVISION OF Lot 3, APN 627-061-007, Myers Investment �4/ June2 1999 DALE L'LEHER DATE THE KF111F1 r`.n AAOANIFG _ 0A1\A IICCCDT EXHIBIT "B" LOT 2 w I PALMA VILLAGE UNIT NO. 7 "-.o MB 21/16-18 Z C4 N89'47'00.E 126.01' -� c, W ,., LOT 3 b Cs7 8 c PALMA VILLAGE g Ftg 4., UNIT NO. 7S. Z a$m ^2 MB 21/16-18 i O'� " = v....- —Vi..- 125.30' -.�.2' P.O.B N89'47'00.E 12652' en 55' LOT 4 0 PALMA VILLAGE 30' UNIT NO. 7 in MB 21/16-18 w 1 zl I o� Il I`' UI a. ,tI ki SCALE 1°=40' _ ` 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: o LAND s v -G�i `'t� KE(C c- ��KITH Gutua- � � �; p � -Landscape Annitectu a Na 6687 . 141 COMPANIES -Land_ uZ./ 4 I Surveying ////s�D� �� fW Exp. OB/30/00 / PALM DESERT DiVtslox Ik n yemen� ��dC ��s / Project Description The scope of the Project is to widen the north bound side (east half) of Monterey Avenue from the north half of San Gorgonio Way to the BCR of the southeast curb return of the southerly driveway into hacienda De Monterey The proposed widening is approximately 400 lineal feet and will increase the traffic lanes from two lanes northbound to three lanes northbound within the project limits. The new three traffic lanes will tie into the existing three lanes to the north at the Hacienda De Monterey driveway. The proposed widening will affect the first four parcels north of San Gorgonio Way. Minor taking of these parcels will be required to proceed with the proposed widening. Monterey Avenue is three lanes wide (northbound) from Highway 111 to San Gorgonio, becomes only to lanes wide where the project is located, and then returns to three lanes in width to the north of the project. If this project is approved, the city will acquire a triangular parcel of property from four parcels on the east side of Monterey, sufficient to eliminate this bottle-neck and make Monterey Avenue three lanes wide from Highway 111 to Fred Waring Drive. Traffic congestion will be reduced. Air quality will be improved, because drivers will experience less waiting time at the San Gorgonio and Highway 111 intersections. Traffic capacity or volume on Monterey Avenue, however, will not be increased. The maximum "take" is eight feet on the southernmost portion of the project and reduces down to zero feet at the north portion of the project. Access to Monterey Avenue will not be affected. Signs and other improvements, such as planters, will be relocated. Realigned Monterey Avenue will then be pre-striped to relieve traffic congestion." RMPUB\DSP\151703 Description EXHIBIT NOTICE OF HEARING TO PROPERTY OWNERS - - Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at an adjourned meeting of the Palm Desert City Council to be held at 3:00 p.m. on July 22, 1999 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, in fee, 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 Monterey Avenue to the East to accommodate traffic volumes and to align the South and North intersections of Monterey Avenue and San Gorgonio Way. 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\151703 EXHIBIT 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: Richard Folkers, City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 DATE OF HEARING: July 22, 1999 PLACE OF HEARING: 73-510 Fred Waring Drive Palm Desert, CA 92260 TIME OF HEARING: 3:00 p.m. Dated: July 1, 1999 BEST BEST & KRIEGER LLP By: Dougla S. Phillips Deputy City Attorney Attorneys for the City of Palm Desert R'v1PUB\DSP\151703 PROOF OF MAILING NOTICE - - I, Rita Sikorski, acting on behalf of the Secretary to the Redevelopment Agency of the City of Palm Desert, hereby certifies that on July 1, 1999, I mailed a copy of the attached notice by first-class mail 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: William H. Nye William H. Nye Shirley E. Nye Shirley E. Nye 44740 Monterey Avenue 44200 Tahoe Circle Palm Desert, CA 92260 Indian Wells, CA 92210 Donald M. Bolas Donald M. Bolas 44712 Monterey Avenue 370 Oakmont Palm Desert, CA 92260 Palm Desert, CA 92260 Nancy Noel Myers Investment 44694 Monterey Avenue 136 S. Orange Street Palm Desert, CA 92260 Glendale, CA 91204 Dated: July 1, 1999 V RITA SIKORSKI RMPUB\DSP\151703 • EXHIBIT "A" - -_ — RIGHT OF WAY DEDICATION A PORTION OF LOT 6 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. , STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 NORTH 89°47'00" EAST A DISTANCE OF 4.47 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 37.86 FEET TO A POINT ON A NON-TANGENT CURVE, SAID POINT HAVING A RADIAL BEARING OF NORTH 89°16'18" WEST; THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.51 FEET THROUGH A CENTRAL ANGLE OF 64°24'08" A DISTANCE OF 29.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6, SAID POINT HAVING A RADIAL BEARING OF NORTH 26°19'34" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 89°47'00" WEST A DISTANCE OF 0.19 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 6 ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90°29'00" A DISTANCE OF 31.58 FEET: THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00°16'00" EAST A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 335 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PREREj �R SUPERVISION OF Aonl 27. 199 EXHIBIT ��__ DATE Lot 6, APN 627-061-010, William H. Nye and Shirley E. Nye PANIES PALM DESERT 760-346-9368 EXHIBIT "B" 5 5, 1 30' N z b LOT 5 0 i m z co o PALMA VILLAGE oo _� ,o UNIT NO. 7 tof o a zo P.0.8. MB 21/16-18 m L) N N89'47'00'E 127.53' W o 4477' 123.06' —� ZO Z bo c� W Z 1 0 M o d l / °D � '.89'16'18"W(R) b � � LOT6 o z / Z /A=64.24'08- PALMA VILLAGE N r, �' R=26.51' UNIT NO. 7 `o o W L=29.80' MB 21/16-18 -7T=16.69' E-y I N26'19'34°E(R) Z I A=90'29'00' — O 1 R=20.00' 107.68' L=31.58' i N89'47'00"E 107.87' I T=20.17' o 0.19' i' SAN GORGONIO WAY ‘. SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: -•-Q LAND mac..•. THE Cieii Engineering VF�S�E KE�IFy lF . it KEITH Architecture P o -landscape •:v O � � . Architecture No. 6687 COMPANIES —Land Surveying /�, 4�/44 —Construction c xo. 06/30/00 PALM DESERT DIVISION Management , a 4 _ DALE ELLEHER DATE: sr 1 865 BOARDWALK • SUITE 101 • PALM DESERT, CA • 92211 qTF \ � (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 OF CAo• EXHIBIT "A" RIGHT OF WAY DEDICATION - A PORTION OF LOT 5 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 89°47'00" EAST A DISTANCE OF 2.84 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5 SOUTH 89°47'00" WEST A DISTANCE OF 4.47 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 5; THENCE ALONG THE WESTERLY LINE OF SAID LOT 5 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. — - PRF�4RE UA/� �';�/,�E SUPERVISION OF Q/// `.f/Iif Aori127. 1999 _ DAL LLEHER DATE THE Lot 5, APN 627-061-009, Donald M. Bolas 760-3461984 OMPANIES P 760-346-368 EXHIBIT "B" I P.O.B. LOT 4 N89'47'00"E 127.02' 2.85:-.. 124.18' ........,:f / il JI h o 0 LOT5 coo N o 0 in PALMA VILLAGE • 3 0 (T.i $ UNIT NO. 7 to 'b 515' h MB 21/16-18 c o 30'b z z b 4.47' 123.06' W z N89'47'00"E 127.53' m LOT 6 b '"' PALMA VILLAGE N o WUNIT NO. 7 iO MB 21/16-18 - W z A=90'29'00" ) O R=20.00' = L=31.58' N89'47'00"E 107.87' T=20.17' A SAN GORGONIO WAY � — c. — — — ill _ SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION —Planning PREPARED UNDER THE SUPERVISION OF: �p LAND ��• 4 THE —Civil ��S KEC� ELF'. Engineering , F f KEITH —Architecture �� —i.onascope No. 6687 Architecture COMPANIES -`an° Surveying 7// 7/ "� /, Exp. 06/30/00 -Construcuon �i�DD�r// 7 PALM DESERT DIVISION Man ement • 41-865 BOARDWALK ' SUITE 101 0 PALM DESERT, CA • 92211 DALE K LLEHER DATE: . s�gtF of cP��F \P (760) 346-9844 0 FAX (760) 346-9368 LS 6687 EXP. 6-30-00 EXHIBIT "A" RIGHT OF WAY DEDICATION A PORTION OF LOT 4 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18. INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°47'00" WEST A DISTANCE OF 2.84 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 122 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PR ,?:RE j' E SUPERVISION OF April 27. 1999 DAL LEHER I DATE THE KEITH COMPANIES - PALM DESERT Lot 4, APN 627-061-008, Nancy Noel 760-346-9844 760-346-9368 EXHIBIT "B" P.0.8 LOT 3 N89'47'00"E 126.52' rfr•172_=,..-••i' 125.30' 'F� rn G. I LOT 4 0 o PALMA VILLAGE o c M UNIT NO. 7 to -4.0 MB 21/16-18 z �I Z al/ Q Z / Z CCI J / 0.1 Mi Z / - 124.18' ,y, wl 2 84 0 N89'47'00.E 127.02' I • `� LOT 5 o � o o PALMA VILLAGE o 3 z (.0 UNIT NO. 7 to b o 55' MB 21/16-18 n 0 30' z W I ' Z N89'47'00"E 127.53' W d 01 v LOT 6 be PALMA VILLAGE c.; WUNIT NO. 7 tO o 24 MB 21/16-18 W E- Z 0=90'29'00' ---) O I R=20.00' = L=31.58' N89'47'00'E 107.87' T=20.17' 1 lili. SAN GORGONIO WAY SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: v LAND ,s� -Civilr �a5 K E THEEngineering �, ,� <<4 c`- KEITH -Architecture v �,3 o� -landscape Architectureit No. 6687 COMPANIES lige/d4 *7" .v -Surveying Exp. 06/30/00 -Construction PALM DESERT DIVISION management 41-865 BOARDWALK • SUITE 101 • PALM DESERT, CA • 92211 DALE KELLEHER DATE: sr _ `Q (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 qlf OF CAV.�F6 EXHIBIT "A" _ _ RIGHT OF WAY DEDICATION - A PORTION OF LOT 3 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE NORTH 01°17'13"WEST A DISTANCE OF 44.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 SOUTH 89°47'00" WEST A DISTANCE OF 44.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27.3 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. FLARED UND7IE SUPERVISION OF Lot 3, APN 627-061-007, Myers Investment , � June 2 1999 DALL- L'LEHER / DATE 11-IF KFITW r•AAADLIUICC _ DAI IR IICCGDT EXHIBIT "B" LOT2 W I PALMA V11IAGE _ UNIT N0. 7 LIB 21/16-18 > N8747'00-E 126.01' > C=7 W LOT 3 o PALMA VILLAGE g _ , UNIT NO. 7 z o ^ MB 21/16-18 125.30' 1.22' P.O.B N89'47'OCIE 12652' e, 55' LOT 4 30' PALMA VILLAGE UNIT NO. 7 MB 21/16-18 z, w 0I z L, SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION THE -Pb `'rning PREPARED UNDER THE SUPERVISION OF: �o LAND s Erugineenng KE( 7 KEITH -Lan ape �� acnitecture No. 6687 COMPANIES ///�� ,f Surveying `�dr 15�1 //44 � Exp. os/a0roo -Construction PALM DESERT DIVISION ycnagcTent �A BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS - _ • __ ARTHUR L. LITTLEWORTH• SCOTT C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE. SUITE 31 2 WILLIAM R. DCWOLFE• JACK B. CLARKE, JR. RICHARD T. EGGER PAULA C.P.oc SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON• BRIAN M. LEWIS• DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE, CALIFORNIA 92270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN TELEPHONE(780>SOD-201 I JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY THERESA HAN SAVAGE MICHAEL T. RIDDELL• JEFFREY V. OUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340-0098 MICHAEL GRANT* STEVEN C. OEBAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER• DAVID J. HANCOCK JOHN F. WALSH ANNE T.THOMAS• DENNIS M. COTA HAYLEY E. PETERSEN DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD. JR. ROBERT W. HARGREAVES SHAWN D. HAGERTY BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLARDA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. MAcVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. HARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CHRISTINA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN WILLIAM WOOD MERRILL GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL McLEOD OFFICES IN STEPHEN P. DEITSCH WILLIAM D. DAHLING, JR. JAMES R.TOUCHSTONE RAYMOND BEST(1 B08-I 957) RIVERSIDE(909)680-1 450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSONONTARIO(909)989-8584 MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1913-1975) J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUGENE BEST(I 893.1 981) SAN DIEGO(O 1 9) 525-I 300 •A PROFESSIONAL CORPORATION July 7, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED William H. Nye Shirley E. Nye - 44740 Monterey Avenue Palm Desert, CA 92260 William H. Nye Shirley E. Nye 44200 Tahoe Circle Indian Wells, CA 92210 Re: AMENDED Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-010. Dear Mr. and Mrs. Nye: • The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. RMPUB\RGS\152946 EXHIBIT ____3-6--94---)-. LAW OFFICES OF BEST BEST & KRIEGER LLP William H. Nye Shirley E. Nye - July 7, 1999 Page 2 Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Eight Thousand Six Hundred Twenty Five Dollars($8,625.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested with the City, free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation, please execute the Grant Deed previously provided to you before a notary public and return it,together with signed copies of the Claim for Payment that was provided to you, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, Douglas S. Phillips Deputy City Attorney of Best Best& Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\152946 LAW OFFICES OF BEST BEST & KRIEGER LLP William H. Nye Shirley E. Nye - - July 7, 1999 Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to Be Acquired: $8,375.00 Rental Value of Temporary Construction Easement: $ 250.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $8,625.00- RMPUB\RGS\152946 AMENDED WRITTEN STATEMENT OF AND SUMMARY -_ OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert , California, 92260 , has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-010 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $25 . 00 per square foot, times 335 square feet, for a total value of $8 , 375 . 00 . The fair rental value of the temporary construction easement is $25 per square foot, times 600 square feet, times 10%, divided by 12 months, times 2 months, for a total rental value of $250 . 00 . The total just compensation is $8 , 625 . 00 . 4. Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . -- Summary of Just Compensation RMPUB\RGS\152945 Nye,Lot 6 c . The highest and b.est use of the property is commercial development . d. The present zoning of the property is OP (Office Professional) and the future zoning will be the same . e . There are no severance damages to the remainder. f . The above values are based on comparable sales and listings . 5 . The foregoing statement of valuation data fairly and correctly states opinions and knowledge as to the information supplied by Rose Sweet as to the matters therein stated. -2- Summary of Just Compensation RMPUB\RGS\152945 Nye,Lot6 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS - - -- ARTHUR L. LITTLEWORTH• SCOTT C. SMITH OINA O. HARRIS 39700 B08 HOPE DRIVE, SUITE 31 2 WILLIAM R. DcWOLFE• JACK B. CLARKE. JR. RICHARD T. EGGER PAULA C.P.cc SOUSA POST OFFICE BOX 1 555 RICHARD T. ANDERSON• BRIAN M. LEWIS• DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE. CALIFORNIA 92270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY THERESA HAN SAVAGE TELEPHONE(780) 558-25I I MICHAEL T. RIDDELL• JEFFREY V. DUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340-E698 MICHAEL GRANT. STEVEN C. DCBAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER- DAVID J. HANCOCK JOHN F. WALSH ANNE T.THOMAS• DENNIS M. COTA HAYLEY E. PETERSON DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD.JR. ROBERT W. HARGREAVES SHAWN D. HAGERTY BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLAROA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. MACVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. HARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CHRI3T NA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN WILLIAM WOOD MERRILL GENE TANAKA MARGUERITE S. STRAND uENNIFER T. BUCKMAN VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL McLEOD OFFICES IN STEPHEN P. DEITSCH WILLIAM D. DAHLING, JR. JAMES R.TOUCHSTONE RIVERSIDE(909)E86-1450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSON RAYMOND BEST(I 888-1957) ONTARIO(90fl)flBfl-95B4 MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1 9 1 3-1 975) J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUGENE BEST(I B93-198II SAN DIEGO(B I9> 525-1300 •A PROFESSIONAL CORPORATION July 1, 1999 EXPRESS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED William H. Nye Shirley E. Nye - 44740 Monterey Avenue Palm Desert, CA 92260 William H. Nye Shirley E. Nye 44200 Tahoe Circle Indian Wells, CA 92210 Re: Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-010. Dear Mr. and Mrs. Nye: - The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. RMPUB\RGS\151754 LAW OFFICES OF BEST BEST & KRIEGER LLP William H. Nye Shirley E. Nye July 1, 1999 Page 2 Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Seven Thousand Five Hundred Ninety Dollars ($7,590.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested with the City, free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation,please execute the enclosed deed form before a notary public and return it, together with signed copies of the enclosed Claim for Payment,to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, Doug s S. Phillips Deputy City Attorney of Best Best& Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert R.MPUB\RGS\151754 LAW OFFICES OF BEST BEST & KRIEGER LLP William H. Nye Shirley E. Nye = July 1, 1999 Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to Be Acquired: $7,370.00 Rental Value of Temporary Construction Easement: $ 220.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $7,590.00 RMPUB\RGS\151754 EXHIBIT "A" RIGHT OF WAY DEDICATION - A PORTION OF LOT 6 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT. COUNTY OF RIVERSIDE. . STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21. PAGES 16 THROUGH 18. INCLUSIVE. RECORDS OF SAID COUNTY OF RIVERSIDE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6. THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 NORTH 89°47'00" EAST A DISTANCE OF 4.47 FEET: THENCE SOUTH 01°17'13" EAST A DISTANCE OF 37.86 FEET TO A POINT ON A NON-TANGENT CURVE. SAID POINT HAVING A RADIAL BEARING OF NORTH 89°16'18" WEST: THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.51 FEET THROUGH A CENTRAL ANGLE OF 64°24'08" A DISTANCE OF 29.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6, SAID POINT HAVING A RADIAL BEARING OF NORTH 26°19'34" EAST: THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 89°47'00" WEST A DISTANCE OF 0.19 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 6 ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90°29'00" A DISTANCE.OF 31.58 FEET: THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00°16'00" EAST A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 335 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PREPRE,VyB�R SUPERVISION OF /L. -<" AnnI 27 1999 DATE Lot 6, APN 627-061-010, William H. Nye and Shirley E. Nye ZANIES - PALM DESERT 760-346-9368 EXHIBIT "B" 515' 1 30' z � LOT 5 b i o PALM VILLAGE c `� ci UNIT NO. 7 f o �,a zc P.O.B. MB 21/16-18 o in L.' / N89 47'00 E 127.53' W j o 4.47' 123.06' Z o 3 `� s1 I z 3 ...cc I / m ^ _gg'16'18wR) .� ^ LOT 6 b z z /6=64'24'08' PALMA VILLAGE N ^ Gr3 R=26.51' UNIT NO. 7 `o o . i CG , L=29.80' MB 21/16-18 1 ,. T=16.69' E—. I v26'19'34..E(R) Z 1 A=90.29'00' — - O I R=20.00' 107.68' _=31.58' i N8J47'OOlE 107.87' T=20.17' 1 0 0.19' "' SAN GORGONIO WAY r 1 L I ti SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: . �.LAND ��p. THE -Civil • Engineering �do \� CE( 4 �eA.. -MMitecture v QQ' �� Qp' KEITH -Landscape, „;, , • No. 6687 it COMPANIES -Lone %/5/(jr/� �/sue * .m.�6�3�,� PALM DESERT DIVISION -Ccnstnuuon uoneoert+ent �,� +i-865 80AROMu.x . SUITE 101 . PALM DESERT. • 92211 OALEiK LLEHER� DATE: Sl4� ca��t(O\P(760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 OF WRITTEN STATEMENT OF AND SUMMARY _ OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260, has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267. 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-010 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $22 . 00 per square foot, times 335 square feet, for a total value of $7, 370 _00 . The fair rental value of the temporary construction easement is $22 per square foot, times 600 square feet, times 10%, divided by 12 months, times 2 months, for a total rental value of $220 . 00 . The total just compensation is $7, 590 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . -- Summary of Just Compensation RMPUB\RGS\152401 Nye,Lot6 EXHIBIT "A" - - RIGHT OF WAY DEDICATION - A PORTION OF LOT 6 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. , STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 NORTH 89°47'00" EAST A DISTANCE OF 4.47 FEET; THENCE SOUTH O 1°17'13" EAST A DISTANCE OF 37.86 FEET TO A POINT ON A NON-TANGENT CURVE. SAID POINT HAVING A RADIAL BEARING OF NORTH 89°16'18" WEST; THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.51 FEET THROUGH A CENTRAL ANGLE OF 64°24'08" A DISTANCE OF 29.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6, SAID POINT HAVING A RADIAL BEARING OF NORTH 26°19'34" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 89°47'00" WEST A DISTANCE OF 0.19 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 6 ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90°29'00" A DISTANCE OF 31.58 FEET: THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00°16'00" EAST A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 335 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PRFFZRED N ER SUPERVISION OF f� Ann]27 1994 DATE Lot 6, APN 627-061-010, William H. Nye and Shirley E. Nye PANIES - PALM DESERT 760-346-9368 EXHIBIT "B" 515' 30' I z o ALMA V LOTS b co z o PILLAGE o co > -+ a UNIT NO. 7 a o is zo P.O.B. M8 21/16-18 i= N N89'47'00'E 127.53' W ( p �7' 123.06' :;j-1 z �' 3 a I co ° .39'16'18''W(R) b v n - LOT 6 c Z > i z /A=64 24'O8' PALIAA VILLAGE N W / R=26.51' UNIT NO. 7 a o i L=29.80' M8 21/16-18 - Cz7 i T=16.69' E-. 1 v2619'34"F(R) Z I A=90'29'00. ,— O I R=20.00' 107.68' L=31.58' i N89'47'00-E 107.87' T=20.17' c 0.19' "' SAN GORGONIO WAY t i ... [111SCALE 1"=40' ii .... • 0 20 40 80 120 RIGHT OF WAY DEDICATION THE -Planing PREPARED UNDER THE SUPERVISION OF: Sao•SAND Civil Engineennq `c �� CE(/E, ��. KEITH -Architecture -74 �. -Landscape La n,teaure No. 6687 it COMPANIES -`urv -,�/ 5 � / .r7,1/ G��7�-4 Exo.06/30/00 -Construction � PALM DESERT DIVISION ,AO/1OQernent �,G 41-865 8OAROWAuc • SUITE 101 • PALM DESERT. CA • 92211 DAL �K LLEHER� DATE: 9� cal�F \P (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 OF BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS - - ARTHUR L. LITTLEWORTM• SCOTT C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE, SUITE 312 WILLIAM R. DcwOLFE• JACK B. CLARKE.JR. RICHARD T. EGGER PAULA C.P.oc SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON• BRIAN M. LEWIS• DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE. CALIFORNIA 92270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN JOHN E. BROWN• PETER M. BARRACK JOHN O. PINKNEY THERESA HAN SAVAGE TELEPHONE(780) 588•28 I I MICHAEL T. RIDDELL• JEFFREY V. OUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340-8890 MICHAEL GRANT• STEVEN C. DEBAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER• DAVID J. HANCOCK JOHN F. WALSH ANNE T.THOMAS• DENNIS M. COTA HAYLEY E. PETERSEN DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD,JR. ROBERT W. HARGREAVES SHAWN D. HAGERT' BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLARDA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. MACVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. HARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CHRISTINA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN WILLIAM WOOD MERRILL VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL MCLEOD OFFICES IN STEPHEN P. DEITSCM WILLIAM O. DAHLING. JR. JAMES R.TOUCHSTONE RIVERSIDE(909)886-1450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSON RAYMOND BEST(1888-1957> MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1 91 3-1975) ONTARIO(9091 989-8584 J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUGENE BEST(1 893-1981) SAN DIEGO(819) 525-I 300 'A PROFESSIONAL CORPORATION July 7, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald M. Bolas - 44712 Monterey Avenue Palm Desert, CA 92260 Donald M. Bolas 370 Oakmont Palm Desert, CA 92211 Re: AMENDED Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-009 Dear Mr. Bolas: The City of Palm Desert ("City11) is preparing to widen Monterey Avenue, as shown on the _ enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. RMPUThRGS\I52948 EXHIBIT LAW OFFICES OF BEST BEST & KRIEGER LLP Donald M. Bolas July 7, 1999 Page 2 Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Five Thousand Thirty Eight Dollars ($5,038.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested with the City,free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation, please execute the Grant Deed previously provided to you before a notary public and return it, together with signed copies of the Claim for Payment that was previously provided to you, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, oug s . Phillips Deputy City Attorney Of Best Best& Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\152948 LAW OFFICES OF BEST BEST & KRIEGER LLP Donald M. Bolas July 7, 1999 Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be Acquired: $4,818.00 Value of Rental of Temporary Construction Easement: $ 220.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $5,038.00 RMPUB\RGS\152948 AMENDED WRITTEN STATEMENT OF AND SUMMARY OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260 , has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-009 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $22 . 00 per square foot, times 219 square feet, for a total value of $4 , 818 . 00 . The fair rental value of the temporary construction easement is $228 per square foot, times 600 square feet, times 10%, divided by 12 months, times 2 months, for a total rental value of $220 . 00 . The total just compensation is $5, 038 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30 , 1999 . 4- Summary of Just Compensation RMPUB\RGS\152947 Bolas,Lot 5 LAW OFFICES OF BEST BEST & KRIEGER LLP Donald M. Bolas July 1, 1999 - - Page 2 Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Four Thousand One Hundred Twenty Two Dollars($4,122.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested with the City, free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation,please execute the enclosed deed form before a notary public and return it, together with signed copies of the enclosed Claim for Payment, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, Y- Dougla S. Phillips Deputy City Attorney Of Best Best & Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\151756 LAW OFFICES OF BEST BEST & KRIEGER LLP Donald M. Bolas July 1, 1999 -- - Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be Acquired: $3,942.00 Value of Rental of Temporary Construction Easement: $ 180.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $4,122.00 RMPUB\RGS\151756 EXHIBIT "A" RIGHT OF WAY DEDICATION - — A PORTION OF LOT 5 OF PALMA VILLAGE UNIT NO. 7. IN THE CITY OF PALM DESERT. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18. INCLUSIVE. RECORDS OF SAID COUNTY OF RIVERSIDE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 89°47'00" EAST A DISTANCE OF 2.84 FEET; THENCE SOUTH 01°17'1 3" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5 SOUTH 89°47'00" WEST A DISTANCE OF 4.47 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 5: THENCE ALONG THE WESTERLY LINE OF SAID LOT 5 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PR7pRE A:�� / SUPERVISION OF d,494oriI27 1999 DAL LLEHER DATE Lot 5. APN 627-061-009. Donaid M. Bolas 7HE COMPANIES - PALM DESERT EXHIBIT "D" 1 P.0.8. LOT 4 N8747'00"E 127.02' Z.84' 124.18' 3 W i 21 1 . 1 IC.,i LOT 5 cco 1 0 ,_ PALM VILLAGE $ 3 0 Lr 515 ' ^ UNIT NO. 7 c tA8 21/16-18 o lo 30''`' z wl 0 a d7, - 123.06' Z z N89'47'00"E 127.53' > 1 Q 1 m LOT 6 b PAL VILLAGE r o W W1 UNIT NO. 7 `� A18 21/16-18 Cd E--. Z A=914729'00' J O R=20.00' = L=31.58' N8947'00"E 107.87' 1 T=20.17' SAN GORGONIO WAY — — — I i SCALE 1"=40' iT1_5i 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: o LAND yc0 THE -Civil ��'�` � K�<<�,y�� KEITH -Architecture V. �,� -civil pe No. 6687 ArChdOCU n I\-- COMPANIES -tub ng 4PALM DESERT DIVISION a- ° �`�'t Q%'' - . 41-865 BOARDW*.K • SLATE 101 • PALM DESERT. CA • 92211 DALE K LEHER DATE: el/.e OF OP��F '` (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 EXHIBIT "B" P.0.8. LOT 4 N89'47'OO'E 127.02' (n 2.84'—..- 124.18' 1 zl 1 3! W ._yJ 2 > O t7 zcm Q L LOT 5 .43 c v 1 0/' PALM VILLAGE $ S ( .,j 515' UNIT NO. 7 T 148 21/16-18 o b 30'`'' r z z w I a li I Co Z e Va.47' 123.06' W I z N89'47'0O'E 127.53' > I ^ 1 m LOT 6 0 P PALMA VILLAGE r o W 1 UNIT NO. 7 `� tix MB 21/16-18 . W E—. z A=90'29'00' J C R=20.00' = I 31.58' N89'47.00"E 107.87' T=20.17' SAN GORGONIO WAY I ii' I 11 IIIIIIIIII SCALE 1"=40' 66 !i 1 0 20 40 80 120 RIGHT OF WAY DEDICATION • -Planning PREPARED UNDER THE SUPERVISION OF: o LAND sL. THE -Civil `�� KE��.��F�.. KEITH -A.cn,�.ct°r. � aP �� -Landscape N o. 6687 Ar°fllt.Gtur. COMPANIES °"° PALM DESERT DIVISION uo°�^"euon id /1� 1/ g� t.} E41.a'737� noq.m.nt �P 4 41-865 BOARONAIX • SLATE 101 s PALM OESERI. CA • 92211 ' DALE K LEHER DATE: 're'�f '� (760) 346-9844 • FAX (760) 346-9368 l LS 6687 EXP. 6-30-00 j 0F cckoC WRITTEN STATEMENT OF AND SUMMARY _ _ OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260, has been retained by r. plaintiff City of Palm Desert in the above action. Her opinion and of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-009 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $18 . 00 per square foot, times 219 square feet, for a total value of $3 , 942 . 00 . The fair rental value of the temporary construction easement is $18 per square foot, times 600 square feet, times 100, divided by 12 months, times 2 months, for a total rental value of $180 . 00 . The total just compensation is $4, 122 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes. b. The date of valuation used is June 30, 1999 . -I- Summary of Just Compensation RMPUB\RGS\152514 Bolas,Lot 5 EXHIBIT "A" RIGHT OF WAY DEDICATION A PORTION OF LOT 5 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21. PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 89°47'00" EAST A DISTANCE OF 2.84 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5 SOUTH 89°47'00" WEST A DISTANCE OF 4.47 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 5; THENCE ALONG THE WESTERLY LINE OF SAID LOT 5 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PRF.,F%4RE UA/�� SUPERVISION OF Q/// �Ili1 AoriI27 1999 DAL LLEHER DATE Lot 5, APN 627-061-009, Donaid M. Bolas 7660 3K46 98 COMPANIES - PALM D�E3E368 EXHIBIT "B" P.O.B. LOT 4 N89'47'00'E 127.02' i I FJ:1,1-..- 124.18' — 2 1 LII Wi i Z r• a = X l o I o//% LOT 5 PAL1AA VILLAGE $ Ca 3 0 515' V^ /,o UNIT NO. 7 '� -� 4 21/16-18 ..l / W 30'13 1/z o Z W b �4 ' .z 123.06' O'E 127.53' Q m LOT 6 c r ' PALW1 VILLAGE N o WUNIT NO. 7 um 43 1.18 21/16-18 W z 4=9O'29'00• Q R=20.00' J ;$ L=31.58' N89'47.0(1"E 107.87' T=20.17' SAN GORGONIO WAY SCALE 1"=40' 0 20 40 80 120 RIGHT OF WAY DEDICATION • -Planning PREPARED UNDER THE SUPERVISION OF: 0 LAND .o THE -Civil vY�.E KE([ey 0)-. / KEITH -Architecture ° Architecture No. 6687 COMPANIES -_`°"° 410 PALM DESERT DIVISION Management 19%; 41-865 8DARENOCK • SLATE 101 s PALM DESERT. CA • 92211 DALE K LEHER DATE: s>4,OF CM- \E '1- (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 BEST BEST Et KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS - _ - __ ARTNUR L. LITTLEWORTH• SCOTT C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE, SUITE 31 2 NILLIAM R. DCWOLFE• JACK B. CLARKE, JR. RICHARD T. EGGER PAULA C.P.oe SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON• BRIAN M. LEWIS• DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE. CALIFORNIA 92270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALMO LYSA M. SALTZMAN TELEPHONE(780) 568-261 I JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY THERESA HAN SAVAGE MICHAEL T. RIDDELL• JEFFREY V. DUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340.6698 MICHAEL GRANT* STEVEN C. DCBAUN SUSAN D. WILSON MARCO A. MARTNEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER• DAVID J. HANCOCK JOHN F. WALSH ANNE T.THOMAS• DENNIS M. COTA HAYLEY E. PETERSON DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD. JR. ROBERT W. HARGREAVES SHAWN O. HAGERTY BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. OALLARDA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. MAeVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MARRIS KARLINA E. KUNZ MICHAEL D. MARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CHRISTINA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN WILLIAM WOOD MERRILL GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL MCLEOD OFFICES IN STEPHEN P. DEITSCH WILLIAM D. DAHLING. JR. JAMES R.TOUCHSTONE RIVERSIOE(909)666-1450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSON RAYMOND BEST(I 868-1957) ONTARIO(909)969-6564 MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1 9 13-1 975) J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUGENE BEST(1 893-1 98 1) SAN DIEGO(6I9)525-1300 •A PROFESSIONAL CORPORATION July 7, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Nancy Noel - 44694 Monterey Avenue Palm Desert, CA 92260 Re: AMENDED Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-008 Dear Ms. Noel: The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Two Thousand Nine Hundred Four Dollars ($2,904.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested wi City, G RMPUB\RGS\152950 EXHIBIT LAW OFFICES OF BEST BEST & KRIEGER LLP Nancy Noel July 7, 1999 ---- Page 2 free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation, please execute the Grant Deed that was previously provided to you before a notary public and return it, together with signed copies of the Claim for Payment that was previously provided to you, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, 1 ougla S. Phillips Deputy City Attorney Of Best Best & Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\152950 LAW OFFICES OF BEST BEST & KRIEGER LLP Nancy Noel July 7, 1999 Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be Acquired: $2,684.00 Rental Value of Temporary Construction Easement: $ 220.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $2,904.00 RMPUB\RGS\152950 AMENDED WRITTEN STATEMENT OF AND SUMMARY OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F . Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert , California, 92260 , has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-008 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $22 . 00 per square foot, times 122 square feet, for a total value of $2 , 684 . 00 . The fair rental value of the temporary construction easement is $22 per square foot, times 600 square feet, times 100, divided by 12 months, times 2 months, for a total rental value of $220 . 00 . The total just compensation is $2 , 904 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . Summary of Just Compensation RMPUB\RGS\152949 Noel,Lot4 c . The highest and .best use of the property is commercial development . d. The present zoning of the property is OP (Office Professional) and the future zoning will be the same . e . There are no severance damages to the remainder. f . The above values are based on comparable sales and listings . 5 . The foregoing statement of valuation data fairly and correctly states opinions and knowledge as to the information supplied by Rose Sweet as to the matters therein stated. -2- Summary of Just Compensation RMPUB\RGS\152 94 9 Noel,Lot 4 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS - - -- ARTHUR L. LITTLEWORTH• SCOTT C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE. SUITE 312 WILLIAM R. DEWOLFE• JACK B. CLARKE. JR RICHARD T. EGGER PAULA C.P.DE SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON* BRIAN M. LEWIS• DEAN OERLETI JAMIE L. RAYMOND RANCHO MIRAGE. CALIFORNIA 02270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY TIERESA HAN SAVAGE TELEPHONE(780) 50a-201 I MICHAEL T. RIDDELL• JEFFREY V DUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340-00921 MICHAEL GRANT• STEVEN C. DEBAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER• DAVID J. HANCOCK JOHN F. WALSH ANNE T. THOMAS• DENNIS M. COTA HAYLEY E. PETERSON DANIEL G. STEVENSON GEORGE M. REYES• P H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD. JR. ROBERT W. HARGREAVES SHAWN D. HAGERTY BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLARDA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. M•CVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. HARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CM RISTI HA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN WILLIAM WOOD MERRILL VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL MCLEOD OFFICES IN STEPHEN P. DEITSCH WILLIAM D. DAHLING. JR. JAMES R. TOUCHSTONE RIVERSIDE(SOW)0a0.1 450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSON RAYMOND BEST(I 868-1957> ONTARIO(90fl)flOfl-05a4 MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1 9 1 3-1 975) J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUOENE BEST(I B93-IGIB 1) SAN DIEGO(O 1 fl)525-1300 •A PROFESSIONAL CORPORATION July 1, 1999 EXPRESS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED Nancy Noel 44694 Monterey Avenue Palm Desert, CA 92260 Re: Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-008 Dear Ms. Noel: The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Two Thousand Three Hundred Seventy Six Dollars($2,376.00), the amount shown on the enclosed Written Offer of Just Compensation form. The compensation will be paid after title to the property is vested with the City, free and clear of existing trust deeds. The amount offered is the full amount which the City believes RMPUB\RGS\151758 LAW OFFICES OF BEST BEST & KRIEGER LLP Nancy Noel July 1, 1999 - Page 2 to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation,please execute the enclosed deed form before a notary public and return it, together with signed copies of the enclosed Claim for Payment,to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, Doug s S. Phillips Deputy City Attorney Of Best Best & Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\151758 LAW OFFICES OF BEST BEST & KRIEGER LLP Nancy Noel July 1, 1999 _ Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be Acquired: $2,196.00 Rental Value of Temporary Construction Easement: $ 180.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $2,376.00 RMPUB\RGS\151758 EXHIBIT "A" RIGHT OF WAY DEDICATION A PORTION OF LOT 4 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21. PAGES 16 THROUGH 18. INCLUSIVE. RECORDS OF SAID COUNTY OF RIVERSIDE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°47'00" WEST A DISTANCE OF 2.34 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 122 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PR RE 0 -' . E SUPERVISION OF �� k rii 27 1999 _ THE KEITH COMPANIES - PALM DESERT D KELLEHER DATE Lot 4, APN 627-061-008 Nancy Noel 760-346-9844 760-346-9368 EXHIBIT "B" P.0.8 LOT 3 N89 47'00-E 126.52' 1.22' 125.30' o, o 0 a LOT 4 a a PALMA VILLAGE a a ; UNIT NO. 1 in; 'o 1.1E1 21/16-18 Z1 F7. 1 laJ tXt J I iI Z 1 g• 2.84'" 124.18' o; Wi N8947'00'E 127.02' (Al W ( i 'O O `o LOT 5 b a bo o PALYA VILLAGE $• `o z a UNIT NO. 7 Lo . 55' M8 21/16-18 1 30' V WI = ' Z N89'4T00'E 127.53' d - LOT 6 $ PAUIA VILLAGE c.; W UNIT NO. 7 `� a M8 21/16-18 Cs7 Z 1 ,1=90'29'O0' O i 'R=20.00' = 1 _=31.58' N8g 1 47'00'E 107.87' T=20.17' a L --- - ; SAN GORGONIO WAY , 7,_ 11111 SCALE 1"=40' Fli 0 20 40 80 120 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF: o LAND s� THE -Civil r KE(�Fei- E «rin y�KEITH - .coo. 4'1On01O0' o. 6687 kd�il.eew• 93 i 1 gBPSN , �L,1/r9 4. Em.06/30,00 ,i 41-865 8O NJ( • SUITE 101 • PAI.Y DESERT. CA • 92211 DALE KELLEHER DATE: 4.74 Of cA1." \ (760) 346-9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 . WRITTEN STATEMENT OF AND SUMMARY _ OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260, has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows : APN 627-061-008 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $18 . 00 per square foot, times 122 square feet, for a total value of $2, 196 . 00 . The fair rental value of the temporary construction easement is $18 per square foot, times 600 square feet, times 100, divided by 12 months, times 2 months, for a total rental value of $180 . 00 . The total just compensation is $2, 376 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . -- Summary of Just Compensation RMPUB\RGS\152 516 Noel,Lot 4 c . The highest and west use of the property is commercial development . d. The present zoning of the property is OP (Office Professional) and the future zoning will be the same . e . There are no severance damages to the remainder. f . The above values are based on comparable sales and listings . 5 . The foregoing statement of valuation data fairly and correctly states opinions and knowledge as to the information supplied by Rose Sweet as to the matters therein stated. -2- Summary of Just Compensation RMPUB\RGS\152 516 Noel,Lot 4 EXHIBIT "A" - - - RIGHT OF WAY DEDICATION = A PORTION OF LOT 4 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. AS SHOWN IN MAP BOOK 21. PAGES 16 THROUGH 18. INCLUSIVE. RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE SOUTH 01°17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°47'00" WEST A DISTANCE OF 2.84 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00°16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 122 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. PR ��1��R7�IE SUPERVISION OF Q� '' �/ Aonl27 1999 DALE KELLEHER l DATE Lot 4, APN 627-06 l-008, Nancy Noel THE 0-3 6 9 COMPANIES - PALM 9388 EXHIBIT "B" 1 P.0.8 LOT 3 N89'47'000E 126.52' �1.2J— 125.30' ':� at ^ I � o to LOT 4 o PALMIA VILLAGE o o. ' 3 UNIT NO. 7 Co V2I4-1 II `o r k' MB 21/16-18 5 co O 2 2 I. OM J o 124.18' of WI 2.84' N89'47'000E 127.02' NI W C O O o LOT 5 c m i o la PALM1 VILLAGE a 3 ,. z a UNIT NO. 7 co o - 155' MB 21/16-18 30' i W I Z N89.47'00'E 127.53' III 1 �Q ao • LOT 6 $ rs PALMA VILLAGE �, WI UNIT N0. 7 'n o CC MB 21/16-18 W Z I A=90'29'00' O i R=20.00' L=31.58' L N89'47'00'E 107.87' -....) T=20.17' 0 SAN GORGONIO WAY - SCALE 1"=40' 6iniiii7,0 20 40 20 RIGHT OF WAY DEDICATION -Planning PREPARED UNDER THE SUPERVISION OF:T —Civil Engie�..rinq '.ITH4ierehitecture � aP �,� o� LantlsoDiArchitectur No. ssa7 • PANIES5 �/L�/yff gym. 6/3�� . ESERT DIVISION ate,,,;t 7 �� l IIIX • SUITE 101 • PALM DESERT. U • 92211DALE KELEHER DATE:( 9844 • FAX (760) 346-9368 LS 6687 EXP. 6-30-00 cAoF BEST BEST S( KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS -- • -- -- ARTHUR L. LITTLEWORTH' SCOTT C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE, SUITE 312 WILLIAM R. DCWOLFE• JACK B. CLARKE. JR. RICHARD T. EGGER PAULA C.P oc SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON• BRIAN M. LEWIS• DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE, CALIFORNIA 92270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY THERESA HAN SAVAGE TELEPHONE(7801 568-261 1 MICHAEL T. RIDDELL• JEFFREY V. DUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(7801 340-6608 MICHAEL GRANT. STEVEN C. DcBAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW.BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER• DAVID J. HANCOCK JOHN F. WALSH ANNE T.THOMAS• DENNIS M. COTA HAYLEY E. PETERSON DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD. JR. ROBERT W. HARGREAVES SHAWN D. HAGERT' BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLARDA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. M•eVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. HARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTNEZ CHRISTINA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVID W. NEWMAN FRANKLIN C. ADAMS GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN WILLIAM WOOD MERRILL VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL McLEOD OFFICES IN STEPHEN P. OEITSCH WILLIAM D. DAMLING. JR. JAMES R. TOUCHSTONE RIVERSIDE(COO)686.1450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M ANDERSON RAYMOND BEST(I 858-1 057, MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(I 01 3-1975) ONTARIO(COD)9852-8884 J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARD EUGENE BEST II 893-1 98 11 SAN DIEGO(81 C) 525-1300 •A PROFESSIONAL CORPORATION July 7, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Myers Investment 136 S. Orange Street Glendale, CA 91204 Re: AMENDED Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-007 Dear Sir/Madam: The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Eight Hundred Thirty Six Dollars ($836.0), the amount shown on the enclosed Written Offer of Just Compensation form as compensation. The compensation will be paid after title to the property is vested with the City, RIv1PUB\RGS\152958 EXrili31T 1) 61 ) LAW OFFICES OF BEST BEST & KRIEGER LLP Myers Investment July 7, 1999 = _Page 2 free and clear of existing trust deeds. The amount offered is the full amount which the City believes to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation, please execute the Grant Deed previously provided to you before a notary public and return it, together with signed copies of the Claim for Payment previously provided to you, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, Douglas S. Phillips Deputy City Attorney Of Best Best & Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\152958 LAW OFFICES OF BEST BEST & KRIEGER LLP Myers Investment July 7, 1999 Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be acquired: $616.00 Rental Value of Temporary Construction Easement: $220.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $836.00 RMPUB\RGS\152958 AMENDED WRITTEN STATEMENT OF AND SUMMARY - _ OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260 , has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-007 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $22 . 00 per square foot, times 28 square feet, for a total value of $616 . 00 . The fair rental value of the temporary construction easement is $22 per square foot, times 600 square feet, times 10%, divided by 12 months, times 2 months, for a total rental value of $220 . 00 . The total just compensation is $836 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . Summary of Just Compensation RMPUB\RGS\152954 Myers,Lot3 c . The highest and best use of the property is commercial development . d. The present zoning of the property is OP (Office Professional) and the future zoning will be the same . e . There are no severance damages to the remainder. f . The above values are based on comparable sales and listings . 5 . The foregoing statement of valuation data fairly and correctly states opinions and knowledge as to the information supplied by Rose Sweet as to the matters therein stated. -2- Summary of Just Compensation RMPUB\RGS\152 9 54 Myers,Lot 3 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L. LITTLEWORTI• SCOTr C. SMITH DINA O. HARRIS 39700 BOB HOPE DRIVE. SUITE 312 WILLIAM R. DEWOLFE• JACK B. CLARKE.JR. RICHARD T. EGGER PAULA C.P.vc SOUSA POST OFFICE BOX 1555 RICHARD T. ANDERSON• BRIAN M. LEWIS' DEAN DERLETH JAMIE L. RAYMOND RANCHO MIRAGE. CALIFORNIA 02270 JOHN D. WAHLIN• BRADLEY E. NEUFELD SONIA RUBIO CARVALHO LYSA M. SALTZMAN JOHN E. BROWN• PETER M. BARMACK JOHN O. PINKNEY THERESA HAN SAVAGE TELEPHONE(780) 588-281 I MICHAEL T. RIDDELL• JEFFREY V. DUNN PATRICIA BYARS CISNEROS SUSAN M. YOUNT TELECOPIER(780) 340-88fl8 MICHAEL GRANT. STEVEN C. D[BAUN SUSAN D. WILSON MARCO A. MARTINEZ WWW,BBKLAW.COM FRANCIS J. BAUM• ERIC L. GARNER. DAVID J. HANCOCK JOHN F. WALSH ANNE T.T(OMAS• DENNIS M. COTA HAYLEY E. PETERSON DANIEL G. STEVENSON GEORGE M. REYES• P.H.W.F. PEARCE ROGER K. CRAWFORD JEFFREY F. FERRE WILLIAM W. FLOYD.JR. ROBERT W. HARGREAVES SHAWN D. HAGERTY BRONWYN WHITTAKER PETERSEN GREGORY L. HARDKE C. MICHAEL COWETT PIERO C. DALLAROA DORINE LAWRENCE-HUGHES OF COUNSEL KENDALL H. MACVEY BRUCE W. BEACH DWIGHT M. MONTGOMERY BRIAN P. HICKEY CHRISTOPHER L. CARPENTER• CLARK H. ALSOP ARLENE PRATER JAMES P. MORRIS KARLINA E. KUNZ MICHAEL D. MARRIS• DAVID J. ERWIN• MARK A. EASTER KEVIN T. COLLINS ALISON D. ALPERT DONALD F. ZIMMER• MICHAEL J. ANDELSON• MICHELLE OUELLETTE CARYN L. CRAIG JORGE A. MARTINEZ CM RIST NA L. DYER DOUGLAS S. PHILLIPS• KEVIN K. RANDOLPH DAVIO W. NEWMAN GREGORY K. WILKINSON CYNTHIA M. GERMANO GREGORY K. HANSEN FRANKLIN C. AOAMS GENE TANAKA MARGUERITE S. STRAND JENNIFER T. BUCKMAN WILLIAM WOOD MERRILL VICTOR L. WOLF KYLE A. SNOW MARIA E. GLESS DANIEL E. OLIVIER JAMES B. GILPIN GLEN W. PRICE HOWARD B. GOLDS KIM A. BYRENS MARYMICHAEL McLEOO OFFICES IN STEPHEN P. DEITSCH WILLIAM D. DAHLING. JR. JAMES R. TOUCHSTONE RIVERSIDE(009)686-1450 JOHN R. ROTTSCHAEFER KIRK W. SMITH STEVEN M. ANDERSON RAYMOND BEST(1888-1957) MARTIN A. MUELLER BERNIE L. WILLIAMSON ROBERT L. PATTERSON JAMES H. KRIEGER(1 fl 13-1 975) ONTARIO(GOO)089-6564 J. MICHAEL SUMMEROUR G. HENRY WELLES BRYAN K. BENARO EUGENE BEST(I 893-1 fle l) SAN DIEOO(01 fl)525-1 300 •A PROFESSIONAL CORPORATION July 1, 1999 EXPRESS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED Myers Investment 136 S. Orange Street Glendale, CA 91204 Re: Offer of Just Compensation Pursuant to Government Code Sections 7267 et seq.; Widening of Monterey Avenue; APN 627-061-007 Dear Sir/Madam: The City of Palm Desert ("City") is preparing to widen Monterey Avenue, as shown on the enclosed map and legal description, to provide for the improvements of traffic circulation and the alignment of Monterey Avenue where it meets San Gorgonio Way. When completed, the realigned Monterey Avenue will abut your property. Public Use For Which The Property Is Sought To Be Purchased The property is sought to be purchased for the widening of Monterey Avenue, to the East. Description Of Property Proposed To Be Acquired A copy of the legal description and map are attached hereto as Exhibit "A". Offer The City offers to purchase the property described on Exhibit "A" for Six Hundred Eighty Four Dollars($684.0), the amount shown on the enclosed Written Offer of Just Compensation form as compensation. The compensation will be paid after title to the property is vested with the City, free and clear of existing trust deeds. The amount offered is the full amount which the City believes RMPUB\RGS\151759 LAW OFFICES OF BEST BEST & KRIEGER LLP Myers Investment July 1, 1999 _ _ Page 2 to be just compensation for the property to be taken. The amount offered is not less than the approved appraisal of the fair market value of the property proposed to be purchased. The amount offered does not include any increase or decrease in the value of the property caused by public improvements for which the property is being acquired. The amount offered does not reflect or include any relocation assistance or payments or other benefits. The City will also relocate any planters and/or monument signs affected by the project. Please respond to this offer on or before July 21, 1999 by 5:00 p.m. If you decide to accept the City's Written Offer of Just Compensation,please execute the enclosed deed form before a notary public and return it, together with signed copies of the enclosed Claim for Payment, to this office for processing. Please contact either Richard Folkers or Mike Errante at (619) 346-0611, by 5:00 p.m. on Wednesday, July 21, 1999, if you desire additional information on this matter. Sincerely, ougl s S. Phillips Deputy City Attorney Of Best Best & Krieger, LLP DSP/rgs Enclosures cc: Mike Errante, City of Palm Desert RMPUB\RGS\151759 LAW OFFICES OF BEST BEST & KRIEGER LLP Myers Investment July 1 1999 _ Page 3 CITY OF PALM DESERT WRITTEN SUMMARY OF JUST COMPENSATION Value of Portion of Property to be acquired: $504.00 Rental Value of Temporary Construction Easement: $180.00 Value of Improvements to be Acquired: -0- Severance Damage: -0- Total Compensation: $684.00 RMPUB\RGS\151759 EXHIBIT"A" _ _ RIGHT OF WAY DEDICATION = A PORTION OF LOT 3 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE,RECORDS OF SAID COUNTY OF RIVERSIDE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE NORTH 01°17'13"WEST A DISTANCE OF 44.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 SOUTH 89°47'00" WEST A DISTANCE OF 44.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27.3 SQUARE T,MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT"B" AND HEREBY BEING MADE A PART HEREOF. • PREPARED UND E SUPERVISION OF Lot 3, APN 627-061-007, Avers investment &&1�//�.� tune2 ling DALE KEL'LEHER DATE /14F KFrTfd/•ILAOaPUCe _ Dal IA I1cccDT EIIBIT "B" LOT 2 PALMA VILLAGE w l UNIT ND. 7 I 118 21/15-18 C.T3 , N89'47'OVE 128.01' -..1 > - Q }4al 3 LOT 3 - o PALMA VILLAGE n_ $ y, UNIT N0. 7 = Z o C, ^m A21/16-18 z O = = I z 125.30' 1 1.22' P.0.8 144891TOC'E 125.52' e+ 55' c LOT 4 S0 PALMA VILLAGE UNIT NO. 7 N, MB 21/16-18 z W 3 i 0 L. ti 1 SCALE la =40' iiiie!S 0 20 40 80 120 RIGHT OF WAY DEDICATION - ng PREPARED UNDER THE SUPERVISION OF: p LAND sue THE -Ova aq `rKE,„..47,..,�1 -Araniuelur. 1, ,c3. <, KEITH —"n°�'°°' a 6687 Nenitaaun \ COMPANIESdii% �� -Co+u nstrucuan x�\ EyD.06/]0/00 /PALM DESERT DIVISION ,,,r,oy.,,,,,,t I / c� WRITTEN STATEMENT OF AND SUMMARY OF BASIS FOR AMOUNT ESTABLISHED BY CITY OF PALM DESERT AS JUST COMPENSATION (GOVT. CODE §7267 . 2 (a) ) Rose Sweet, R. F. Sweet & Associates, 73-241 Highway 111, Suite 3D, Palm Desert, California, 92260, has been retained by plaintiff City of Palm Desert in the above action. Her opinion of the value of the parcel of property described in the complaint and, under Government Code §7267 . 2 (a) , is as follows : 1. The Larger Parcel of Which the Property Interest Being Taken Is but a Portion, Is Described as Follows: APN 627-061-007 2 . Legal Description of Fee Property Being Taken. Fee described on the attached Exhibit "A" . 3 . The Value of the Property or Property Interest Being Taken. The fair market value of the fee is $18 . 00 per square foot, times 28 square feet, for a total value of $504 . 00 . The fair rental value of the temporary construction easement is $18 per square foot, times 600 square feet, times 100, divided by 12 months, times 2 months, for a total rental value of $180 . 00 . The total just compensation is $684 . 00 . 4 . Basis of Amount Established as Just Compensation. a. The estate of interest being valued is a fee and an easement for construction purposes . b. The date of valuation used is June 30, 1999 . -- Summary of Just Compensation RMPUB\RCS\152 52 7 Myers,Lot 3 c . The highest and_best use of the property is _ _ commercial development . d. The present zoning of the property is OP (Office Professional) and the future zoning will be the same . e . There are no severance damages to the remainder. f . The above values are based on comparable sales and listings . 5 . The foregoing statement of valuation data fairly and correctly states opinions and knowledge as to the information supplied by Rose Sweet as to the matters therein stated. -2- Summary of Just Compensation RMPUB\RGS\152527 Myers,Lot 3 EXHIBIT"A" - RIGHT OF WAY DEDICATION - -- F PALMA VILLAGE UNIT NO. 7 ASE CITY OF PALM SHOWN IN ',IVERSIDE, STATE OF CALIFORNIA, ROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF ITICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY CORNER OF SAID LOT 3►TH THENCE 'UTHERLY LINE OF SAID LOT 3 NORTH .22 FEET; 3 01°17'13"WEST A DISTANCE OF 44.88 FEET TO A POINT ON LINE OF SAID LOT 3; G THE WESTERLY LINE OF SAID LOT 3 SOUTH G 47'00" NCE OF 44.87 FEET TO THE POINT OF BEGINNIN \INS 27.3 SQUARE FEET,MORE OR LESS. PTION BEING SHOWN ON THE ATTACHED EXHIBIT"B" AND )E A PART HEREOF. Z0 120 �0 1.ANO S SARED UNO E SUPERVISION OF KEL[E•yQ�� ,(/!/lY�' .tune 2 1999 C4 °� 143 7-061-007, Myers Investment DATE Na 6687 DAL KEIELEH R THE KFiTN rrniiOANICe _ OAI ILA nGCGDT Em.06/]0/00 l . AGENDA FOR HEARING ON CERTAIN PROPERTY TO BE POSSIBLY ACQUIRED BY EMINENT DOMAIN FOR WIDENING OF MONTEREY AVENUE TO THE EAST July 22, 1999 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\151703 Agenda EXT31T A__ RESOLUTION NO. 99-81 A RESOLUTION OF THE CITY OF PALM DESERT DECLARING THAT THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR WIDENING OF MONTEREY AVENUE WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real property legally described in Exhibit "A" attached hereto, in the City of Palm Desert for purposes of widening Monterey Avenue 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 22, 1999, at 3.00 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; NOW, THEREFORE, THE CITY OF PALM DESERT RESOLVES AND DECLARES AS FOLLOWS: RMPUB\DSP\151703 Resolution Resolution No. 99-81 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 Monterey Avenue. 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 properties to be acquired by the City. Exhibit"A"describes the general location and extent of the properties 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 properties described in the attached Exhibit "A" are necessary for the proposed project; and D. The offers required by Section 7267.2 of the California Government Code has been made. Section 5. Some or all of the properties 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\151703 Resolution Resolution No. 99-81 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\151703 Resolution Resolution No. 99-81 PASSED, APPROVED AND ADOPTED this 22nd day of July, 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None ROBERT A. SPIEGEL, MAYOR ATTEST: Sheila R. Gilligan City Clerk City of Palm Desert RMPUB\DSP\151703 Resolution NOTICE OF EXEMPTION TO: County Clerk, County of Riverside FROM: City of Palm Desert 1. Project Title: Monterey Avenue Widening Project 2. Project Location: See Exhibit 1-A, attached. (a) project location-City: Palm Desert (b) project location-County: Riverside 3. Description of nature, purpose, and beneficiaries of project: Monterey Avenue is three lanes wide (northbound) from Highway 111 to San Gorgonio, becomes only two lanes wide where the project is located, and then returns to three lanes in width to the north of the project. If this project is approved, the city will acquire a triangular parcel of property from four parcels on the east side of Monterey, sufficient to eliminate this bottle-neck and make Monterey Avenue three lanes wide from Highway 111 to Fred Waring Drive. Traffic congestion will be reduced. Air quality will be improved, because drivers will experience less waiting time at the San Gorgonio and Highway 111 intersections. Traffic capacity or volume on Monterey Avenue, however, will not be increased. The maximum "take" is eight feet on the southernmost portion of the project and reduces down to zero feet at the north portion of the project. Access to Monterey Avenue will not be affected. Signs and other improvements, such as planters, will be relocated. Realigned Monterey Avenue will then be pre-striped to relieve traffic congestion. 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. RMPUB\DSP\151703 Notice of Exemption EXHIBIT ---- f. _x_Statutory exemption. State code section number: Public Resources Code section 21080.19 ( re-striping of streets or highways to relieve traffic congestion) g. _Other. Explanation: 7. Reason why project was exempt: The project will result in a minor alteration of Monterey Avenue, an existing public street. There will be negligible or no expansion of traffic volume or capacity on Monterey Avenue beyond that existing at the present time. Thus the project is categorically exempt under 14 California Administrative Code Section 15301. The project will also result in the re-striping of Monterey Avenue to relieve traffic congestion. Thus the project is statutorily exempt under Public Resources Code section 21080.19. 8. Contact person: Michael Errante, City of Palm Desert Department of Public Works. Telephone number: (760) 346-0611. 9. Attach preliminary exemption assessment (form "A") before filing. Date received for filing: Signature (lead agency representative) (Clerk stamp here) Title RMPUB\DSP\151703 Notice of Exemption LAW OFFICES OF MONTEREY LAW CENTER DONALD M. BOLAS 44-712 MONTEREY AVENUE, SUITE A A PROFESSIONAL LAW CORPORATION PALM DESERT, CALIFORNIA 92260 ALSO ADMITTED TO THE BAR IN: TELEPHONE (760) 568-0675 PENNSYLVANIA DISTRICT OF COLUMBIA FACSIMILE (760) 568-1409 JUL July 12, 1999 Pu t:c WO,_,I,cs D-CART E.,- CiiYOFpoit,4,i,_'E't CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Folkers, City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Notice Regarding July 22, 1999 City Counsel Meeting Dear Mr. Folkers: Please take notice that I hereby reserve my right to appear and be heard at the July 22, 1999, 3:00 p.m. City Council session. Sincerely, Donald M. Bolas. /% ; r IO DMB/dm n �; rn 75. D . Cn