HomeMy WebLinkAboutCC RES 00-097RESOLUTION NO. 00-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THAT THE ACQUISITION OF CERTAIN REAL PROPERTY
BY EMINENT DOMAIN IS NECESSARY FOR WIDENING AND REALIGNMENT OF
GREEN WAY
WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real property (a fee
for street right-of-way and a temporary construction easement), legally described in Exhibit "A" attached
hereto, in the City of Palm Desert for purposes of widening and realigning Green Way 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 31, 2000, at 10:00 a.m., at the City Council Chamber, located at
73510 Fred Waring Drive 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 AS
FOLLOWS:
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 and realignment of Green Way. Section 37350.5 of the California Government Code
authorizes the City to acquire by eminent domain property necessary for such purposes.
.ECTION 3. Description of Property. Attached and marked as Exhibit "A" is the legal description
of the real property (a fee for street right-of-way and a temporary construction easement) 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
D. The offer required by Section 7267.2 of the California Government Code has been made.
RESOLUTION NO. 00-97
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 at 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 of transaction required to acquire the subject real properties.
SECTION 7. Effective Date. This Resolution shall take effect upon adoption.
PASSED, APPROVED, AND ADOPTED at a meeting of the Palm Desert City Council held on the `J
31 st day of July, 2000, by the following vote, to wit:
AYES: FERGUSON, BELLY, CRITES
NOES: NONE
ABSENT: BENSON, SPIEGEL
ABSTAIN: NONE
ATTEST:
RA HELLS D. KLASSEN, ACTING CITY CLER
CITY OF PALM DESERT, CALIFORNIA
UFO A. CRI1EST-MAYOR
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RESOLUTION NO. 00-97
Exhibit "A"
LEGAL DESCRIPTION
STREET RIGHT OF WAY
PARCEL 1:
ALL THAT PORTION OF LOT 4 OF TRACT NO. 13915 AS RECORDED IN MAP
BOOK 120 AT PAGES 3 AND 4, RECORDS OF RIVERSIDE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS;
BEGINNING T THE SOUTHWEST CORNER OF SAID LOT 4, THENCE NORTH 89°-
47'-51" EAT A DISTANCE OF 243.21 FEET;
THENCE NORTH 000-05'-46" EAST A DISTANCE OF 8.50 FEET;
THENCE SOUTH 89°-47'-51" WEST A DISTANCE OF 227.21 FEET;
THENCE NORTH 45°-12'-09" WEST A DISTANCE OF 22.51 FEET TO THE WEST
LINE OF SAID LOT 4;
THENCE SOUTH 000-05'-46" WEST ALONG SAID WEST LINE A DISTANCE OF
24.42 FEET TO THE POINT OF BEGINNING.
PREPARED BY
SANBOA/E, INC.
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EXHIBIT
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RIGHT OF ',JAY - GREEN 1r/AY
EGAL DESCRIPTION
BF" A PORTION OF LOT 4 OF TRACT NO. 13915 ON FILE
900K 120. PAGES 3 A,NO 4 RECORDS OF RIVERSIDE
C, (. CALIFORNIA. BEING A PORTION OF S/W 1/4 OF
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DESIGN BY:
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SCALE:
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RESOLUTION NO. 00-97
Exhibit "A"
LEGAL DESCRIPTION
CONSTRUCTION EASEMENT
ALL TEAT PORTION OF LOT 4 OF TRACT NO. 13915 AS RECORDED IN MA2
BOOK 120 AT PAGES 3 AND 4, RECORDS OF RIVERSIDE'COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, THENCE NORTH 89°-
47' -51" EAST A DISTANCEOF 263.21 FEET;
THENCE NORTH 00°-05'-46" EAST A DISTANCE OF 40.00 FEET;
THENCE SOUTH 89°-47'-51" WEST A DISTANCE OF 263.21 FEET TO TIM WEST
LINE OF SAID LOT 4;
THENCE SOUTH 00°-05' -4 6" WEST ALONG SAID WEST LINE A DISTANCE OF
40.00 FEET TO THE POINT OF BEGINNING.
PREPARED BY
SANBORN A/E, INC.
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EXHIBIT "B"
ITY OF PALM
CC\STUCTIO\EASEMENT
LEGAL DESCRIPTION
BEING A PORTION F LOT 4 OF TRACT 13915 ON FILE IN
MAC -10K 120 PAGES 3 ANO 4. RECORDS OF RIVERSIDE
CC CALIFORNIA. ALSO BEING A PORTION OF THE
S/, . /4 OF SECTION 10. T5S. R5E . SBM .
DESERT
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