HomeMy WebLinkAboutCC RES 88-120Parcels 27, 28, 29 (Jeffrey)
A.P.N. 625-040-004
RESOLUTION NO. 88-120
A RESOLUTION OF THE CITY COUNCIL OF
THE PALM DESERT DECLARING CERTAIN
REAL PROPERTY NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
5ection 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 on the westerly side of Deep Canyon Road at Catalina Way
in the City of Palm Desert, County of Riverside, State of
California, and are described as follows:
Parcel 1(A.P.N. 625-040-004, Storm Drain Easementl:
An easement for the construction, maintenance and repair of a
Storm Drain and appurtenances over, under and across a parcel of
land described as follows:
That portion of the North half of the Northwest quarter of
Section 21, Township 5 South, Range 6 East, San Bernardino Base
and Meridian, more particularly described as follows:
The South 30.00 feet (measured at right angles) of Parcels No. 1
and 2, conveyed to William M. Jeffrey, Jr., Trustee under the
William M. Jeffrey, Jr. Trust dated December 10, 1973 by
Corporation Grant Deed recorded June 18, 1976, in Baok 1976 Page
86890, Official Records, Records of the Recorder of Riverside
County, California.
Contains approximately 0.89 acres (approximately 38,898.0 S.F.)
0
Parcel 2(A.P.N. 625-040-004, Sewer Easement):
An easement to build and maintain an underground pipeline, and
necessary devices and appurtenances, over, under, along, and
across, that certain real property described as follows:
That portion of the North half of the Northwest quarter of
Section 21, Township 5 South, Range 6 East, San Bernardino Base
and Meridian, more particularly described as follows:
The South 30.00 feet (measured at right angles) of Parcels No. 1
and 2, conveyed to William M. Jeffrey, Jr., Trustee under the
William M. Jeffrey, Jr. Trust dated December 10, 1973 by
Corporation Grant Deed recorded June 18, 1976, in Book 1976 Page
86890 Official Records, Records of the Recorder of Riverside
County, California.
Contains approximately 0.89 acres (approximately 38,898.0 S.F.)
Parcel 3(A.P.N. 625-040-004. Permanent Fee1:
That portion of the North half of the Northwest quarter of
Section 21, Township 5 South, Range 6 East, San Bernardino Base �
and Meridian, more particularly described as follows:
The East 40.00 feet (measured at right angles) of Parcel No. 2,
conveyed to William M. Jeffrey, Jr., Trustee under the William M. �
Jeffrey, Jr. Trust dated December 10, 1973 by Corporation Grant
Deed recorded June 18, 1976, in Book 1976 Page 86890 Official
Records, Records of the Recorder of Riverside County, California.
Excepting therefrom the East 30 feet as conveyed to the County of
Riverside by Deed recorded January 20, 1959 as Instrument No.
5061 of Official Records of Riverside County, California.
Contains approximately 0.22 Acres (approximately 9500.0 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
Proj ect;
(c) The acquisition of the above named property
interests is a part of that underlying Project; and
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(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;
(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,
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WILSO , BENSON �
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ATTEST: / - - � '
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Cit Clerk �
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