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HomeMy WebLinkAboutCC RES 85-105L�� r RESOLUTION N0. 85-105 RESOLUTION OF THt CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESCRIBING PRO- JECT AND PROPERTY FOI� EMINENT DOMAIN PROCEED- INGS ANQ AUTHORIZING THAT SAID PROCEEUINGS BE COMMENCEU TO ACQUIRE SAIU PROPERTY r---� WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, has previously ; adopted its Resolution of Intention pursuant to the provisions of the "Municipal ' Improver�ent Act of 1913", being Division 12 of the Streets and Highways Code of the :' State of California, for the construction of certain public improvements, together with appurtenances and acquisition, where necessary, in a special assessment district known and desginated as NORTH SPkERE ASSESSMENT DISTRICT N0. 84-1 �-- (hereinafter referred to as the "Assessment District"); and, WHEREAS, in order to accomplish construction of the works of improvement in the Assessment District, it is necessary to acquire by eminent domain certain property, i�cluding the right of temporary occupancy of adjacent lands for construction purposes, hereinafter collectively called "Subject Property"; and WHEREAS, pursuant to Section 1245.235 of the Code of Civil Procedure, a time and place for public hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure has been fixed, and each person who owns or claims a right in said Subject Property proposed to be acquired by eminent domain and whose name and address appears on the last equalized County Assessment Roll has been given Notice and a reasonable opportunity to be heard in the time, form and manner required by law; and, WHEREAS, all testimony and evidence has now been heard and considered. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That said Subject Property to be taken by eminent domain is for a public use, to-wit: Construction, operation and maintenance of certain works of improvement, together with appurtenances and appurtenant work, including the right of temporary occupancy of adjacent lands for construction purposes in NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1. SECTION 3. That this City Counci� is authorized and empowered to commence eminent domain proceedings to acquire said Subject Property, pursuant to the statutes specified as follows: -- Sections 37350 and 37350.5 of the Goverronent Code; -- Eminent Domain Law, being Title 7, Part III of the Code of Civil Procedure; -- Section 40404 of the Government Code. SECTION 4. That a description of the general location and extent of said Subject Property to be taken by eminent domain is set forth on Exhibit "A" ~� attached hereto and made a part hereof, SECTION 5. That it is found, determined and declared as follows: (a) That, to the extent acquisition of said Subject Property results in a remnant, said remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code of Civii Procedure; and (b) That, to the extent said Subject Property or interest therein is already appropriated for a publ ic use, the use as proposed wi 11 not unreasonably interfere with or impair the continuance of said public use as it presently exists or may reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil Proce- dure; and .--. � (c) That, to the extent said Subject Property or interest therein is already appropriated to a public use, the use proposed is a more necessary public use than the use to which said Subject Property is presently appropriated, pursuant to Section 1240.610 of the Code of Civil Procedure, or, in the alternative, the use proposed is a com- patible public use which will not unreasonably interfere with the continuance af the existing public use, pursuant to Section 1240.630(a) of the Code of Civil Procedure; and (d) That an offer of just compensation has been made to the owner or owners of record of the Subject Property in the time, form and manner required by law. SECTION 6. That it is hereby further found, determined and declared as follows: (a) That the public interest and necessity require completion of the improvements proposed for the Assessment District; (b) That the improvements in the Assessment District are planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and, (c) That said Subject Property sought to be acquired is necessary for the successful completion of the improvements within the Assessment Uistrict. SECTION 7. That F. Mackenzie Brown, Inc, is hereby authorized and directed to commence an action in the Superior Court of the State of California, for the COUNTY OF RIVERSIDE, in the name and on behalf of the City, against those persons who appear on record or who are known to have a claim or interest in said Subject Property described in Exhibit "A", for the purpose of acquiring said Subject Property by eminent domain for the public use described herein and to make application for possession of said Subject Property prior to judgment. That the Special Counsel Agreement Brown, Inc., is hereby approved and and City Clerk. between the City and F. Mackenzie execution is authorized by the Mayor SECTION 8. That the officers of the City are hereby authorized and directed to with- draw necessary sums to deposit with the Superior Court as the probable amount of compensation that will be awarded in the eminent domain proceedings to acquire said Subject Property described in Exhibit "A". SECTION 9. That the officers of the City are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this lOth day of October , 1985, b.Y the following vote: �_ � AYES NOES ABSENT ABSTAIN BENSON, KELLY, WILSON, and SNYDER NONE JACKSON NONE r--- EST,; CITY OF PALM DESERT STATE OF CALIFORNIA CITY OF PALM DESERT STATE OF CALIFORNIA r