HomeMy WebLinkAboutCC RES 00-142RESOLUTION NO. 00-142
A RESOLUTION OF THE CITY OF PALM DESERT
DECLARING THAT THE ACQUISITION OF CERTAIN REAL
PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR
THE TRACT 29444 PROJECT.
WHEREAS, City of Palm Desert proposes to acquire certain real property: two
parcels in fee described in Exhibit "A" attached hereto, in the City of Palm Desert for
purposes of providing access from Frank Sinatra Drive to Tract 29444, a single-family
subdivision as required by Government Code § 66462.5, and in order to avoid a potentially
dangerous ingress and egress on Portola Avenue which is adjacent to the project, and
pursuant to the authority granted to it by Government Code § 35000.5; City of Oakland v.
Oakland Raiders (1982) 32 Ca1.3d 60, 69; Streets & Highways Code § 5100, et seq.;
Government Code § 40401; and O.T. Johnson Corporation v. City of Los Angeles (1926)
198 Cal. 308.; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City
scheduled a public hearing for December 14, 2000 on Resolution Of Necessity, at
4:00 P.M., at 73-510 Fred Waring Drive, Palm Desert, California 92260, and gave to each
person who owns an interest in the property 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 of Palm Desert 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
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Resolution 14
Resolution No. 00-142
WHEREAS, City of Palm Desert may now adopt a Resolution of Necessity pursuant
to Code of Civil Procedure Section 1245.030;
NOW, THEREFORE, CITY OF PALM DESERT RESOLVES AND DECLARES AS
FOLLOWS:
Section 1. Compliance with Code of Civil Procedure. There has been
compliance by the City of Palm Desert 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 property or
properties to be acquired is to provide access to and from Tract 29444. The following
authority authorizes the City to acquire by eminent domain property necessary for such
purposes: Government Code § 35000.5; City of Oakland v. Oakland Raiders (1982) 32
Ca1.3d 60, 69; Streets & Highways Code § 5100, et seq.; Government Code § 40401; O.T.
Johnson Corporation v. City of Los Angeles (1926) 198 Cal. 308.
Section 3. Description of Property. Attached and marked as Exhibit "A" is
the legal description of the real property to be acquired by the City. Exhibit "A" describes
the general location and extent of the property to be taken with sufficient detail for
reasonable identification.
Section 4. Findings. The City hereby finds and determines each of the
following:
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 property described in the attached Exhibit "A" is necessary for the
proposed project; and
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Resolution 15
Resolution No. 00-142
D. The offer required by Section 7267.2 of the California Government Code has
been made.
Section 5. Some or all of the property 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
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. Further Activities. Legal Counsel for the 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
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.
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Resolution 16
Resolution No. 00-142
Section 7. Effective Date. This Resolution shall take effect upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of December,
2000 by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Sheila R. Gilligan
City Clerk
City of Palm Desert
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Resolution 17
Resolution No. 00-142
EXHIBIT A
That certain real property located in the City of Palm Desert, County of Riverside, State
of California, described as:
The Easterly 44.00 feet of the South Half of the Southwest Quarter of the Southeast
Quarter of the Southeast Quarter of Section 32, of Township 4 South, Range 6 Fast, San
Bernardino Meridian.
Excepting the Southerly 55.00 feet thereof.
Contains 0.281 Ac., more or loss.
IBaxley Property I
Resolution No. 00-142
EXHIBIT A
That train real property located in the City of Palm Desert, County of Riverside, Stare
of California, described as:
The Easterly 44.00 fee: of the North Half of the Southwest Quarter of the Southeast
Quarter of the Southeast Quarter of Section 32, of Township 4 South, Range 6 East, San
Bernardino Meridian.
Contains 0.336 Ac., more or less.
1 McGregor Property