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HomeMy WebLinkAboutCC RES 88-121Parcel No. 25 (Baird) A.P.N. 625-072-001 Parcel No. 26 (Baird) A.P.N. 625-072-002 RESOLUTION NO. 88-121 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: Section l. 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 east side of the north end of Santa Margarita Cul- De-Sac north of Ramona Avenue in the City of Palm Desert, County of Riverside, State of California, and are described as follows: PARCEL 1(A.P.N. 625-072-001 Permanent Fee): That portion of Lot 1 of Palma Village Unit No. 9, as per map on file in Book 21, Page 80 of Maps, Records of the Recorder of Riverside County, California, being more particularly described as follows: Beginning at the most Westerly corner of said Lot 1, said point being on the arc of a 40.00 foot radius curve, through which point a radial line bears South 00°07'00" East; THENCE Southeasterly and Southerly along the Southwesterly line of said lot, being also along the arc of said 40.00 foot radius curve to the right, concave Southwesterly, through a central angle of 111°06'33", for an arc distance of 77.57 feet, to the intersection of said curve with a non-tangent curve having a radius of 789.02 feet, through which point a radial line to said 40.00 foot radius curve bears North 69°00'27" West, and a radial line to said 789.02 foot radius curve bears North 68°30'20" East; , THENCE continuing along said Southwesterly line, Southeasterly along the arc of said 789.02 foot radius curve, through a central angle of 6°50'49", for an arc distance of 94.29 feet to the most Southerly corner of said Lot 1, through which point a radial line bears North 61°39'31" East; THENCE North 60•00'33" East, along the Southeasterly'line of said Lot 1, a distance of 1.44 feet to a point in a non-tangent curve, concave Easterly, through which point a radial line bears North 70°46'14" East; THENCE Northerly along the arc of said curve to the right, having a radius of 100.00 feet, through a central angle of 21°36'31", an arc distance of 37.71 feet; THENCE North 02°22'45" East, along a line tangent to the last described curve, a distance of 50.00 feet; THENCE Northwesterly along a curve to the left, having a radius of 50.00 feet, tangent to the last described course, concave Southwesterly, through a central angle of 92'29'45", for an arc distance of 80.72 feet, to a point in the Northerly line of said Lot l; THENCE South 89'S3'00" West along said Northerly line, beinq also along a line tangent to the last described curve, a distance of 24.90 feet, to the Point of Beginning. Contains approximately 0.075 Acres (approximately 3250.1 S.F.) PARCEL 2(A.P.N. 625-072-002 Permanent Fee): That portion of Lot 2 of Palma Village Unit No. 9, as per map on file in Book 21, Page 80 of Maps, Records of the Recorder of Riverside County, California, being more particularly described as follows: Beginning at the most Westerly corner of said Lot 2, said point being on the arc of a 789.02 foot radius curve, through which point a radial line bears North 61°39'31" East; THENCE North 60°00'33" East, along the Northwesterly line of said Lot 2, a distance of 1.44 feet to a point in a non-tangent curve, concave Easterly, through which point a radial line bears North 70°46'14" East; THENCE Southeasterly along the arc of said curve to the left, having a radius of 100.00 feet, concave Northeasterly, through a central angle of 10°25'31" for an arc distance of 18.20 feet, to the intersection of said curve with a non-tangent curve having a radius of 789.02 feet, through which point a radial line to both curves bears North 60°20'43" East; �I -2- 880831 ch A252.BD 1 THENCE Northwesterly along the arc of said 789.02 foot radius curve to the right, concave Northeasterly, through a central angle of 1'18'48", of an arc distance of 18.09 feet, to the Point of Beginning. Contains approximately 0.0002 Acres (approximately 8.7 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 (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 underlyinq 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 880831 ch A252.BD 1 -3- 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, S:�IYDER, WILSON, �EN50N ,� NOES: NONE , ' r-� ABSENT : NOI3E I L U1/�� ABSTAIN: NONE M�y ATTEST: , - ; � l � . _�'=���ii ' / -n/ Cit Cler -4- c 0 � �� asoa3� �n n2sz.ao �