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HomeMy WebLinkAboutCC RES 88-123Parcel No. 2(Southern California Baptist Convention) A.P.N. 640-040-007 RESOLUTION NO. 88-123 A RESOLUTION OF THE CITY COUNCIL OF THE PALM DESERT DECLFiRING 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 FOLIAWS: Section 1. The City of Palm Desert is a municipal corporation in the County of Riverside, State of California. Section 2. The property intereets hereinalter 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. �ection 3. The property interests to be taken are located at 72-700 44th Avenue in the City of Palm Desert, County of Riverside, State of California, and are described as follows: ' � �� ��� �� -� _ -� -- That portion of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 18, Township 5 South, Range 6 East, San Bernardino Base and Meridian, as shown by United States Government Survey, in the City of Palm Desert, County of Riverside, State of California and more particularly described as follows: Beginning at the Southwest corner of Palm Dell Estates, as shown by map on file in Book 21 Page 66 of Maps, Records of Riverside County, California; THENCE South 89°12' West along the South line of the Southeast quarter of the Southwest quarter of the Southeast quarter of said Section, a distance of 42.48 feet; THENCE leaving said South line North 00°48'00" West, a distance of 30.00 feet; THENCE North 44°32'45" East, a distance of 18.27 feet to a point in a line that is parallel with and distant 30.00 feet Westerly thereof, measured at right angles to said Westerly line of said Palm Dell Estates; THENCE North 00'06'30" West, along said parallel line, a distance of 353.15 iest, to the intersection of said parallel line with the Northerly line of Grantor's parcel; THENCE North 89°12'00" East alonq said Northerly line, a distance of 30.00 feet to a point in said Westerly line af said Palm Dell Estates; • THENCE South 00°06'30" East, along said West line, a distance of 396.00 feet to the Point of Beginning. Contains approximately o.28 Acres (approximately 12,342 S.F.) ,�ection 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 ie part of the implementation of the City of Palm Desert Assessment District 87-1 (the "underlying Project"); 0 (b) The environmental impacts of the underlyinq Project were considered in connection with the Initia2 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; -2- e8aa3� cn �2�9.so z c (d) The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Ssction 6. The City of Palm Desert hereby authorizes and directa 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, WILSOI�Y, BENSON NOES: NONE `'�� ABSENT: NONE � ABSTAIN: NONE Ma r � 1 �I � � .�1�� ..� � � / .: _ / -3- 880831 ch A249.B0 2