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Home My WebLink AboutCC RES 88-122Parcel No. 3(Ostrow) A.P.N. 640-040-005 Parcel No. 4(Ostrow) A.P.N. 640-040-004 Parcel No. 5(Ostrow) A.P.N. 640-040-003 Parcel No. 7(Ostrow) A.P.N. 640-040-002 RESOLUTION NO. 88-1Z2 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 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 southerly side of Park View Drive and the Westerly side of Fairhaven Drive in the City of Palm Desert, County of Riverside, State of California, and are described as follows: Parcel 1(A.P.N. 640-040-005, Permanent Fee): That portion of the Southwest quarter of the Southeast quarter of Section 18, Township 5 South, Range 6 East, San Bernardino Base and Meridian, being more particularly described as follows: The East 30.00�feet (measured at right angles) of Parcel 5 as conveyed to Jack M. Ostrow by Grant Deed recorded July 12, 1984, as Instrument No. 151147 of Official Records, Records of the recorder of Riverside County, California. Contains approximately 0.11 Acres (approximately 4900.2 S.F.). Parcel 2(A.P.N. 640-040-004, Permanent Fee): That portion of Parcel 4, as conveyed to Jack M. Ostrow by Grant Deed recorded July 12, 1984, as Instrument No. 151147 of Official Records, Records of the recorder of Riverside County, California, being more particularly described as follows: Beginning of the Northeast corner of said Parcel 4; THENCE South 00°06'30" East along the East line of said Parcel 4, (being also along the West line of Palm Dell Estates, as shown by map on file in Book 21 Page 66 of Maps, Records of said Recorder), a distance of 163.33 feet to the Southeast corner of said Parcel 4; THENCE South 89°15'00" West, along the South line of said Parcel 4, a distance of 30.00 feet; THENCE leaving said South line, North 00°06'30" West along a line parallel with and distant 30.00 feet Westerly of ineasured at right angles to said East line, a distance of 121.66 feet; THENCE Northerly along a curve to the left, having a radius of 100.00 feet, tangent to the last described course, concave Westerly, through a central angle of 10°14'12", for an arc distance of 17.87 feet; THENCE North 10°20'42" West, along a line tangent to the last described curve, a distance of 24.21 feet, to a point in the North line of said Parcel 4; THENCE North 89°15'00" East along said North line, a distance of 35.90 feet to the Point of Beginning. � Contains approximately 0.11 Acres (approximately 4998.7 S.F.). Parcel 3: (A.P.N. 640-040-003, Permanent Fee): That portion of Parcel 3, as conveyed to Jack M. Ostrow by Grant Deed recorded July 12, 1984, as Instrument Na. 151147 of Official Records, Records of the recorder of Riverside County, California, being more particularly described as follows: Beginning at the Southeast corner of said Parcel 3; THENCE South 89°15'00" West along the South line of said Parcel 3, a distance of 35.90 feet; THENCE leaving said South line, North 10°20'42" West, a distance of 16.83 feet; THENCE Northeasterly along a curve to the right, having a radius of 70.00 feet, tangent to the last described course, concave Southeasterly, through a central angle of 74°51'36", for an arc distance of 91.46 feet; to a point in East line of said Parcel 3, (being also the West line of Palm Dell Estates as shown by map on file in Book 21, Page 66 of Maps, Records of said Recorder) through which point a radial line bears South 25°29'07" East. -2- 880830 jlw A251.8D 0 THENCE South 00°06'30" East along said East Line, a distance of 91.84 feet to the Point of Beginning. Contains approximately 0.07 Acres (approximately 2919 S.F.). Parcel 4�A.P.N. 640-040-002. Permanent Fee): That portion of Parcel 2, as conveyed to Jack M. Ostrow by Grant Deed recorded July 12, 1984, as Instrurnent No. 151147 of Official Records, Records of the recorder of Riverside County, California, being more particularly described as follows: Beginning of the Northeast corner of said Parcel 2, being also the Northwest corner of Palm Dell Estates, as shown by map on file in Book 21� Page 66 of Maps, Records of said recorder; THENCE 5outh 89°15'00" West, along the North line of said Parcel 2, a distance of 420.00 feet to the Northwest corner thereof; THENCE 5outh 00°06'30" East, along the West line of said Parcel 2, a distance of 29.71 feet; THENCE leaving said West line, North 85°12'26" East, a distance of 421.38 feet to the Point of Beginning. Contains approximately 0.14 Acres (approximately 6238.7 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 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. 880830 jtw A251.BD 0 �� 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: 230NE WILS0�1, BENSON � , , ; �`L .� �� M or i , ATTEST: � �j i � ' , •� , � , , � % �� `�. Ci Clerk 880830 jlw A251.BD 0 -4- r � 0