HomeMy WebLinkAboutCC RES 01-019( APN 622-200-016)
RESOLUTION NO. 01-19
A RESOLUTION OF THE CITY OF PALM DESERT
DECLARING CERTAIN REAL PROPERTY NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF
THE CITY OF PALM DESERT DOES HEREBY FIND, DETERMINE, ORDER
AND RESOLVE AS FOLLOWS:
Section I. The City of Palm Desert is a municipal body, corporate and politic, in the
County of Riverside, State of California.
Section II. The property hereinafter described is to be taken for a public use, namely
for the purposes of street widening and improvement and all uses necessary and convenient
thereto in connection with the Fred Waring Drive Improvements Project (the "Project") pursuant
to the authority conferred upon the City of Palm Desert to acquire property by eminent domain by
California Government Code sections 40401 and 40404 and California Code of Civil Procedure
Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510 and 1240.610.
Section III. The property to be taken is located at 73-810 Fred Waring Drive in the
City of Palm Desert. The property is known as Assessor's Parcel No. 622-200-016 and is more
particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. A
map showing roughly the location of the property in relation to the Project is attached hereto as
Exhibit "B" and incorporated herein by this reference.
Section IV. The potential environmental impacts of the Fred Waring Drive
Improvements Project were studied and analyzed in connection with the Mitigated Negative
Declaration for the Proposed Widening of Fred Waring Drive from San Pasquai Avenue to Deep
Canyon Road, adopted by the City Council on October 12, 2000 by Resolution No. 00-122 .
In accordance with Public Resources Code Section 21091 and California Environmental
Quality Act Guidelines (CEQA) Section 15072, the City provided a Notice of Intent to Adopt a
Mitigated Negative Declaration. The Notice of Intent to Adopt a Mitigated Negative
Declaration was posted by the County Clerk on August 29, 2000 in accordance with the
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Resolution No. 01-19
requirements of CEQA . The City Council's adoption of the Mitigated Negative Declaration was
based on an Initial Study prepared by City Staff on June 2, 2000, revisions to the Initial Study
prepared by the City Consultant based on additional technical investigations, the Notice of Intent
to Adopt the Mitigated Negative Declaration, the comments received on the Mitigated Negative
Declaration, on the report of the proceedings in connection with the proposed Project, and the
public hearing on the Mitigated Negative Declaration.
In adopting the Mitigated Negative Declaration, the City Council found that the Mitigated
Negative Declaration reflects the independent judgment of the City of Palm Desert as the lead
agency for the environmental study. The City Council further found that with the mitigation
measures there is no substantial evidence that the proposed Project will have a significant effect
on the environment. Pursuant to CEQA Guidelines Section 15074, the City Council adopted a
Mitigation Monitoring and Reporting Program for the proposed Project to ensure the necessary
mitigation measures are implemented. Further, in compliance with Section 21152 of the Public
Resources Code and CEQA Guidelines Section 15075, the City prepared a Notice of
Determination, which was posted by the County Clerk on November 8, 2000.
Resolution No. 00-122 and its Exhibits, the Mitigated Negative Declaration, Notice of
Intent to Adopt Mitigated Negative Declaration, the Mitigation Monitoring and Reporting
Program, and the Notice of Determinatio 'are• on file in the Office of the City Clerk of the City of
Palm Desert and are incorporated in this kAolution by this reference.
The City has therefore made the required findings for the Project in connection with the
Mitigated Negative Declaration. Those findings are also the appropriate findings with regarding
to the proposed acquisition of the property identified above. There have been no changes in the
Project and no new information that has been obtained since the City Council's adoption of the
Mitigated Negative Declaration on October 12, 2000 that would require further environmental
analysis.
that:
Section V. The City Council of the City of Palm Desert hereby finds and determines
The public interest and necessity require the Project;
The Project is planned and located in the manner that will be most compatible with
the greatest public good and least private injury;
The property described on Exhibit "A" attached hereto is necessary for the
proposed project; and
The offer required by Section 7267.2 of the Government Code has been made to
the owners of record.
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Resolution No. 01-19
Section VI. The City of Palm Desert hereby authorizes and directs the law firm of
Richards, Watson & Gershon as special condemnation counsel to take all steps necessary to
commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by
eminent domain the property described on Exhibit "A" attached hereto.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert this 8Tgday of February 2001.
AYES: CRITES, BELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: BENSON
ABSTAIN: NONE
ATTEST:
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Resolution No. 01-19
EXHIBIT "A"
[APN 622-200-016]
LEGAL DESCRIPTION
Lot 16 of Palma Village Unit No. 10, in the City of Palm Desert, County of Riverside, State of
California, as per map recorded in Book 22, Page 17 of Maps, in the Office of the County
Recorder of Said County.
Assessor's Parcel No. 622-200-016
P6402\0001 \641954.1