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Home My WebLink AboutCC RES 99-081,.. _ r.. ., RESOLUTION NO. 99-81 A RESOLUTION OF THE CITY OF PALM DESERT DECLARING THAT THE ACQUISITION OF CERTAIN REAL PROPERN BY EMINENT DOMAIN IS NECESSARY FOR WIDENING OF MONTEREY AVENUE WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real property legally described in Exhibit "A" attached hereto, in the City of Palm Desert for purposes of widening Monterey Avenue pursuant to the authority granted to it by Government Code Section 37350.5; and WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City �� .. scheduled a public hearing for July 22, 1999, at 3:00 p.m., at the City Council Chambers, located at 73510 Fred Waring in Palm Desert, California, and gave to each person who owns an interest in the properties to be acquired and whose names and addresses appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure Section 1240.030; and WHEREAS, said hearing has been held by the City and each person who owns an interest in the properties to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Code of Civil Procedure Section 1245.030; NOW, THEREFORE, THE CITY OF PALM DESERT RESOLVES AND DECLARES r� �� AS FOLLOWS: RMPUB�DSP�151703 Resolution Resolution No. 99-81 Section 1. Compliance with Code of Civil Procedure. There has been compliance by the City with the requirements of Code of Civil Procedure Section 1245.235 regarding notice and hearing. Section 2. Public Use. The public use for which the real properties to be acquired is the widening of Monterey Avenue. Section 37350.5 of the California Govemment Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Propertv. Attached and marked as Exhibit "A" is the legal description of the real properties to be acquired by the City. Exhibit "A" describes the general location and extent of the properties to be taken with sufficient detail for reasonable identification. following: Section 4. Findin s. The City hereby finds and determines each of the A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; C. The real properties described in the attached Exhibit "A" are necessary for the proposed project; and D. The offers required by Section 7267.2 of the California Government Code has been made. Section 5. Some or all of the properties to be acquired by the City may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights-of-way are on file with the City which descriptions describe the general location and extent of the easements and rights-of-way "� J ;i H � x�ua�s��s»o3 Resolution r. Resolution No. 99-81 with sufficient detail for reasonable identification. Pursuant to Section 1240.610 of the Code of Civil Procedure, the City finds and determines that the herein described use or uses are more necessary than said existing public uses. In the event the herein described use or uses will not reasonably interfere with or impair the continuance of any said public use as it then exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the properties subject to such existing public use, pursuant to Section 1240.510 of the Code of Civil Procedure. Section 6. FurtherActivities. Legal Counsel forthe City is hereby authorized to acquire the hereinabove described real properties in the name of and on behalf of the City, by eminent domain, and legal counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as they may be authorized and required by law to take, and '� to make such security deposits as may be required by order of court, to permit the City to `w take possession of and use said real properties at the earliest possible time. Legal counsel is further authorized to make or agree to non-material changes in the legal description of the real properties that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real properties. Section 7. Effective Date. This Resolution shall take effect upon adoption. .-� ..�. RMPUB�DSP�151703 Resolution Resolution No. 99-81 PASSED, APPROVED AND ADOPTED this 22nd day of July, 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None Q ROBERT A. SPIEGEL, Y ATTEST: � Sheila R.'Giiligan ,� City Clerk � City of Palm Desert "�! � � x�va�nsr�►s»o3 Resolution Resolution No. 99-81 EXHIBIT "A" � LOT 6, APN 627-061-010 ``� ' A PORTION OF LOT 6 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 NORTH 89°47'00° EAST A DISTANCE OF 4.47 FEET; THENCE SOUTH 01 ° 17'13" EAST A DISTANCE OF 37.86 FEET TO A POINT ON A NON-TANGENT CURVE, SAID POINT HAVING A RADIAL BEARING OF NORTH 89°16'18" WEST; THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.51 FEET THROUGH A CENTRAL ANGLE OF 64°24'08" A DISTANCE OF 29.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6, SAID POINT HAVING A RADIAL BEARING OF NORTH 26° 19'34" EAST; �-. THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 89°47'00" WEST A DISTANCE OF 0.19 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 6 ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90°29'00" A DISTANCE OF 31.58 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00°16'00" EAST A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. .� SAID PARCEL CONTAINS 335 SQUARE FEET, MORE OR LESS � Resolution No. 99-81 EXHIBIT °A" LOT 5, APN 627-061-009 A PORTION OF LOT 5 OF PALMA VILLAGE UNIT N0. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 89°47'00° EAST A DISTANCE OF 2.84 FEET; THENCE SOUTH 01 ° 17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE 4F SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 89°47'00" WEST A DISTANCE OF 4.47 FEET TO THE SOUTHWESTERLY CORNER OF SAfD LOT 5; THENCE ALONG THE WESTERLY LINE OF SAID LOT 5 NORTH 00°16'00° EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SA1D PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. � rl Resolution No. 99-81 EXHIBIT "A" .� . LOT 4, APN 627-061-008 `` ' A PORTION OF LOT 4 OF PALMA VILLAGE UNIT N0. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICUTARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE SOUTH 01 ° 17'13" EAST A DISTANCE OF 60.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°47'00" WEST A DISTANCE OF 2.84 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00° 16'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. ..� .�.� ,.�. SAID PARCEL CONTAINS 122 SQUARE FEET, MORE OR LESS. ..�, Resolution No. 99-81 EXHIBIT "A" LOT 3, APN 627-061-007 A PORTION OF LOT 3 OF PALMA VILLAGE UNIT NO. 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, RECORDS OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 89°47'00" EAST A DISTANCE OF 1.22 FEET; THENCE NORTH 01 ° 17'13" WEST A DISTANCE OF 44.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 SOUTH 89°47'00" WEST A DISTANCE OF 44.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27.3 SQUARE FEET, MORE OR LESS. � � � �