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HomeMy WebLinkAboutCC RES 88-043RESOLUTION N0. 88-43 A RESOLUTION OF NECESSITY OF TiiE CITY COUNCIL OF THE CITY OF PALM DESERT, TO ACQUIRE FEE TITLE TO CERTAIN REAL PROPERTY BY EMINENT DOMAIN FOR THE MUNICIPAL PURPOSES OF STREET RIGHT-OF-WAY AND STORM DRAIN PROJECTS. WHEREAS, the City Council of the City of Palm Desert set a hearinq to consider a resolution of necessity to acquire fee title to certain real property hereinafter described; and WHEREAS, on April 28, 1988, the City Council of the City of Palm Desert held a hearing in the City Council Chamber, 73-510 Fred waring Drive, Palm Desert, California, in order to determine the necessity for acquisition of said real property by eminent domain proceedings for the purpose of street right-of-way and storm drain facilities. NOW, THEREFORE, the City Council of the City of Palm Desert, DOES iiEREBY RESOLVE as follows: Section 1: The public interest and necessity require said project and require the acquisition of said property for the purposes stated. Section 2: The taking of real property municipal purposes by eminent domain proceedings is authorized by Section 37350.5 of the Government Code State of California. for of the Section 3: The parcel, the legal descriptions of which are attached hereto marked Exhibit A, are necessary for the proposed pro�ect in accordance with the notices mailed April 13, 1988, to property owners. Section 4: The City Attorney be, and hereby is� �uthorized and directed to commence and maintain in the name of the City of Pa:m Desert such actions and proceedings of eminent domain in t�e Superior Court of Cali`ornia, County of Riverside, as are necessary to acquire, For the purposes and uses aforesaid, that certa:n real property which is situated in the County of Rivers:�e, the City of _�-. 17/22/d Paim Desert, State of California, more particularly described in Exhibit A. PASSED ANn ADOPTED, this �Rr},day of April, 1988. CI�Y OF PALM DESEBT � � '� �� - �� -= �- MAYOR ATTEST : - -� , � - . ,, Sheila R. ' liga City Clerk APPROVED AS TO FORM: � D i rwin City A torney State of Ca2ifornia ) County of Riverside ) ss City of Palm Desert ) I, Sheila R. Gilligan, City Clerk of the City of Palm Desert, do hereby certify that the foregoing Resolution No. 88-43 was duly adopted and passed at regular meeting of the City Council, on the 28th day o£ April, 1988, by the following vote, to wit: AYES: CRITF.S, F:ELLI', S�YDER, I�'ILSOti, BEVSON NOES: tiO�E ABSENT: �;�tiE ABSTAIN :�;��E _ \ i _ ,) /.� • � , � S .eila R. igan � 17/22/d EXHIBIT A REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUr1TY OF RIVERSIDE, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTFit�EST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, LYING NORTH 00°51'28" WEST, 1,003.56 FEET FROM THE SOUTHEAST CORNER THEREOF; SAID POINT BEING ON THE SOUTH LINE OF THE NORTH 330.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, AS CONVEYED TO H.F. AHMANSON & COMPANY, BY DEED RECORDED OCTOBER 3, 1966 AS INSTRUMENT NO. 106593 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THENCE SOUTH 89°45'41" WEST, ON SAID SOUTH LINE 55.00 FEET; THENCE NORTH 00°51'28" WEST, 100.43 FEET; THENCE NORTH 47°57'36" WEST, 33.79 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF NAYSTACK ROAD, AS CONVEYED TO DEED RECORDED JULY 9, 1969 AS INSTRUMENT N0. 69762 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THENCE NORTH 89°4S'41" EAST, ON SAID SOUTH RIGHT OF WAY LINE, 110.00 FEET; THENCE SOUTH 46°48'44" WEST 34.15 FEET; THENCE SOUTH 00°51'28" EAST, 99.89 FEET TO THE SOUTH LINE OF SAID NORTH 330.00 FEET; THENCE SOUTH 89°45'41" WEST, ON SAID SOUTH LZNE, 5.00 FEET TO THE POINT OF BEGINNING. �