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HomeMy WebLinkAboutCC RES 88-119Parcel No. 39 (Pytel) A.P.N..+627-131-032 Parcel No. 43 (Pytel) A.P.N. 627-131-013 RESOLUTION NO. 88-119 A RESOLUTION;OF THE CITY COUNCIL OF THE PALM DESE;RT DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND UTHORIZING THE ACQUISITION �EREOF. , THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Palm Desert is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests hereinafter described are to be taken for a public use, namely for public street purposes and all purposes necessary or convenient.thereto, , and for other public purposes, pursuant to the authority conferred upon the City of Palm Desert to acquire property by eminent domain by Government Code Sections 37350.5 and 40404 and Code of Civil Procedure Sections 1240.110 and 1240.120. Section 3. The property interests to be taken are � located at the northerly end of Linqo Lane 233.22 feet north of Catalina Way in the City of Palm Desert, County of Riverside, State of California, and are described as follows: Parcel 1(A.P.N. 627-131-032, Sewer Easement1: The West 15.00 feet (measured at right angles) of that portion of Lot 17 of Palma Village Groves, as shown by Map on file in Book 20, Page 51 of Maps, Riverside County Records, described as follows: COMMENCING at the Southeast corner of said Lot 17; THENCE North 0°13' West, on the Easterly line of said lot, 233.11 'feet, for the TRUE POINT OF BEGINNING; THENCE continuing North 0°13' West, on the Easterly line of said lot, 78.04 feet to the Northeast corner of said lot; THENCE South 89°44' West, on the Northerly line of said lot, 104.97 feet; THENCE South 0°13' East, 77.74 feet; THENCE North 89°44' East, 104.97 feet, to the TRUE POINT OF BEGINNING, lying within the following described parcel: � , COMMENCING at the Southeast corner of said Lot 17; THENCE Westerly on the Southerly line of said lot South 89°44' West, 84.97 feet for the TRUE POINT OF BEGINNZNG; THENCE North 0°13' West, 233.22 feet to a point on a circular curve with a radius of 25 feet, whose center lies Narthwesterly North 53°23'48" West from said point of intersection; THENCE on said circular curve to the left having a central angle of 253°44'24" an arc distance of 110.71 feet; THENCE South 0°13' East, 233.22 feet, more or less to the Southerly line of said Lot 17; THENCE Easterly along the Southerly line of said Lot, North 89'44' East, 40 feet to the TRUE POINT OF BEGINNING, Contains approximately 0.013 Acres (approximately 576.20 S.F.). Parcel 2(A.P.N. 627-131-013. Sewer Easementl: The east 15.00 feet (measured at right angles) of that portion of Lot 17 of Palma Village Groves, as recorded in Book 20, Page 51 of Maps, Records of Riverside County, California, described as follows: COMMENCING at the Southeast corner of said Lot 17; THENCE South 89°44' West, 104.9? feet, along the Southerly line of said Lot 17, which is also the Northerly right of way of Catalina Way; THENCE North 0'13' West, 233.22 feet to the TRUE POINT OF BEGINNING; THENCE continuing Northerly 0°13' West, 77.74 feet more or less, to the Northerly line of said Lot 17; THENCE South 89°44' West, 104.9? feet, more or less, to the Westerly line of the East half of Lot 17; THENCE South 0°13' East, 77.74 feet;. THENCE North 89°44' East 104.97 feet to the TRUE POINT OF BEGINNING, lying within the fallowing described parcel: COMMENCING at the Southeast corner of said Lot 17; -2- 880830 jlw A253.BD 0 THENCE Westerly on the Southerly line of said lot South 89'44' West, 84.97 feet for the TRUE POINT OF BEGINNING; THENCE North 0'13' West, 233.22 feet to a point on a circular curve with a radius of 25 feet, whose center lies Northwesterly • North 53'23'48" West from said point of intersection; THENCE on said circular curve to the left having a central angle of 253°44'24" an arc distance of 110.71 feet; THENCE 5outh 0'13' East, 233.22 feet, more or less to the Southerly line of said Lot 17; THENCE Easterly along the Southerly line of said lot, North 89'44' East, 40 feet to the TRUE POINT OF BEGINNING. Contains approximately 0.013 Acres (approximately 576.20 S.F.). Section 4. The City Council of the City of Palm Desert does hereby find and determine, that: (a) The acquisition of the above named property interests is part of the implementation of the City of Palm Desert Assessment District 87-1 (the "underlying Project"); (b) The environmental impacts of the underlying Project were considered in connection with the Initial Study and related July, 1988, Negative Declaration for the underlying Project; (c) The acquisition of the above named property interests is a part of that underlying Project; and (d) The City Council of the City of Palm Desert has reviewed and considered the Initial Study, and the July, 1988, Negative Declaration prepared in connection with the underlying Project, as a part of the process of determining whether to acquire the above named property interests, and certify that they are adequate and that there will be no adverse impacts on the environment as a result of the adoption of this resolution of necessity. - Section 5. The City Council of the City of Palm Desert has found and determined, and hereby finds and determines, that: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; -3- 880830 jlw A253.80 0 (c) The property hereinabove described is necessary for the proposed project; (d) The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 6. The City of Palm Desert hereby authorizes and directs the law firm of Richards, Watson & Gershon, as special counsel, to take all steps necessary to commence legal proceedings, in a court of competent jurisdiction, to acquire the property interests hereinabove described by eminent domain. Said law firm is also authorized and directed to seek and obtain an Order for Immediate Possession of said property interests in accordance with the provisions of the eminent domain law. PASSED, APPROVED and ADOPTED this 8th day of September, 1988. AYES: CRITES, KELLY, SNYDER, WIL; NOES: NONE ABSENT: NONE ABSTAIN: NONE � � �►�i/ �. ,�� �i�. _�i�' _ � 0 0 � -4- 880830 jlw A253.80 0