HomeMy WebLinkAboutCC RES 03-062RESOLUTION NO. 03-62
A RESOLUTION OF .THE CITY OF PALM DESERT
DECLARING THAT THE ACQUISITION OF CERTAIN REAL
PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR
THE MAGNESIA FALLS DRIVE BRIDGE AND STREET
IMPROVEMENTS PROJECT (CITY PROJECT NO. 648-99)
WHEREAS, the City of Palm Desert (the "City") proposes to acquire certain real
property (a fee for street right of way, a permanent easement for wall construction, and a
temporary construction easement to reconstruct the concrete curb, gutter, wall and
sidewalk) legally described in Exhibit "A" attached hereto, in the City of Palm Desert for
purposes of widening Magnesia Falls Drive and accommodating the construction of
planned public improvements 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 May 8, 2003, at 4:00 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;
R.MiPUB' DSP'.215373
Resolution 16
Resolution No. 03-62
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 of Magnesia Falls Drive. Section 37350.5 of the California
Government Code authorizes the City to acquire by eminent domain property necessary
for such purposes.
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
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
RMPLB DSP 215373
Resolution : 7
Resolution No. 03-62
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.
Section 7. Effective Date. This Resolution shall take effect upon adoption.
RMPUB'DSP 215373
Resolution 18
Resolution No. 03-62
PASSED, APPROVED AND ADOPTED this 8th day of May, 2003, by the
following vote, to wit:
AYES: CRITES, FERGUSON, BELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
HELLE KtAS EN, City Clerk
City of Palm Desert, California
RMIPUE3 DSP' 215373
JEAM. BENSON; Mayor
Resolution 1 9
RESOLUTION NO. 03-62
EXHIBIT "A"
Om.
PARCEL 1: View looking westerly along centerline of Magnesia Falls Drive from
Approximately 350 feet west of Portola Avenue.
Estee 4pprais,r;-
RESOLUTION NO. 03-62
•
a'-11-2032 11:3239 =r -►AMY DESERT PBlic VOW 3r
I•••••
0
3fNNA b 0'7awo8
•
411,
Cn
m
S
W
a
t
EXHIBIT "A"
Telu12CS3 T-113 ►.O14/S1! Fa:?
Metzger Inc.
Red Estate Appraisers — Consultants
PARCEL NO_ 1
RESOLUTION NO. 03-62
C:'-11-707: tl ?i r :roe -PALM DESERT P$LiC 10O(3 7EPT
TE13.17@1?
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT "A"
T-113 P.011/111 F-412
BERG A PORTION OF TEM SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 17. TOWNSHL9 5 SOUTH. RJ.NGE 6 EAST. LN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE, STATE OF C.ALIFORNIA, BENG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONLN INCING AT THE EAST QUARTER CORNER OF SAID SECTION 17. ALSO
3ETh G THE LNT'E.SECTION OF PORTOLA AVENUE AND 3.,LAGNES1A FALLS;
THENCE SOUTH 89'51'13" WEST 343.87 FEET ALONG TFI CENTER SECTION LINE,
.LSO BEfl G THE CENTERLINE OF MAGNESIA FALLS TO THE POUT OF
BEGECNI.NG;
THENCE NORTH 00°09'50" WEST 33.68 FEET;
TEr NCE NORTH 88° 14'07" WEST 214.90 FEET;
I t1= CE NORTH 88'37'20" WEST 50.17 FEET;
=NCE NORTH 89`00'02" WEST 434.28 FEET TO THE BEGLN'NING OF A TANGENT
CURVE CONCAVE SOLTHERLY AND HAVLNG A RADIUS OF 4044.67 FEET;
TILFNCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.88
FEET T-11.01jGE A CENTRAL ANGLE OP O1'08'45";
=NCE SOI-TE 1;9'51'13" WEST 205.15 FEET TO THE EATS LY RIGHT OF WAY OF
THE SAN PASCUAL, C? AN- Ei;
TiONCE SOUTH 00'09' 12" WEST 51.67 ALONG SAID EASTERLY RIGHT OF WAY TO A
POL-_ ON ?1-'F CEY TER SECTION LLNE, ALSO BELNG THE CENTERLINE OF
NIt.CNF.SL' FALLS;
THENCE NORTH S9'51'13" EAST 983.42 FEET ALONG SAID CENTER SECTION LLNE
TO T1EE POUT OF BEGLNNZNG
SALD DESCRL'TION CONTANS 1.03 ACRES, MORE OR LESS. FOR GRAPHICAL
PURPOSES SEE EXHIBIT -B" ATTACHED 1. .RETO AND BY TT -ES REFERENCE MADE
A PART HEREOF.
fPziiT.._
PLS 669"
Exr 06:30/04
LAND
/v/l ' z- ( N . r o 97 �.
u;,. 6/30/C4
0:.. o7;.100 S.Jlsntciccroen M;Ri; LfrII-IsX
trL
Meiz5er 01�����,� ��e S. Inc.
Real Estate Approsers — Conswrants
L'•
PARCEL NO_ 1
RESOLUTION NO. 03-62
EXHIBIT "A"
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 1: Permanent Roadway Acquisition
LOCATION:
Subject Parcel No. 1 is the north half of Magnesia Falls
Drive from 343.87 feet west of Portola Avenue to the
easterly Right of way of the San Pascual Channel.
LEGAL DESCRIPTION: A copy of the Legal Description is included at the end of
this Parcel.
TITLE TO BE
ACQUIRED: Fee Simple
EASEMENTS: There do notappearto be any Easements which adversely
affect the Subject Parcel.
LAND:
Subject Parcel No. 1 is 983.42 feet long with a variable
depth from 33.68 feet to 51.67 feet; and contains 1.03
Acres on a plane with surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 1
It should be noted that the property sought to be acquired as Parcel No. 1 will be a
Fee Simple Roadway acquisition to be utilized for street and utility purposes.
Therefore, this taking is herein assigned a value based upon the current Fair Market
Value of the Parent Property as stated herein.
LAND: 1.03 ACRE
1.03 ACRES @ $ 75,000/AC =
INDICATED LAND VALUE:
IMPROVEMENTS: None
TOTAL VALUE PARCEL NO.1:
Real Estate, Anprmser — Cons;
$ 77,250.
$ 77,250.
$ 00.
$ 77,250.
23
RESOLUTION NO. 03-62
EXHIBIT "A"
•
3 .' • .....:. .. ..k. . •
- -., ' '.--..•,;-, ,:r " '
- :••• •
•
PARCEL NO. 2: View looking westerly along proposed north wall right of way of
Magnesia Falls Drive from approximately 350 feet west of Portola
Avenue.
EXHIBIT "A"
RESOLUTION NO. 03-62
It
3/7N3A b' V7O1•YOd
17
b
b
a
a,
73N7V16-(1 . ,«/a' .c 7&.iI Y.? -J
Metzger .5 A5,5ociates. Inc.
Red Estate Appraisers — Consultants
wG
PARCEL NO. ' 2
RESOLUTION NO. 03-62
Or--1:-;217 11:33as :ram-4ALY OESEPT PBL4C 1024S 3i1T
EXHIBIT "A"
?E034IT63i T-SI'a P.011//1i F-4:2
EXHIBIT "A"
LEGAL DESCRIPTION
WALL EASEMENT
BENG A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION I7, TOWNSHIP 5 SOUTH, RANGE 6 EAST, IN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THE NORTH LINE OF A
2.30 FOOT WIDE EASEMENT BENG MORE PARTICULARLY DESCRIBED AS
FOLLOWS'
COMLMENCNG AT THE EAST QUARTER CORNER OF SAID SECTION 17, ALSO
BEING THE INTERSECTION OF PORTOLA AVENUE ANI3 MAGNESLA FALLS;
THENCE SO;:TF 89'51'13" WEST 343.87 FEET ALONG THE CENTER SECTION LLNE.
ALSO BE! G THE CENTERLINE OF MAGNESIA F.ALLS TO T'rdE PONT OF
BE=CN G;
THENCE NORTH 00°09'50" WEST 35.68 FEET;
T!CE NORTH 88°14'07" WEST 214.83 FEET;
THENCE NORTH 88°37'20" WEST 50.18 FEET;
TELFNCE NORTH 89°00'02" WEST 434.28 FEET TO TIE BEGINND4G OF A TANGENT
CURVE CONCAVE SOUTHERLY AND SLAVING A RADIUS OF 4044.67 FEET;
THENCE W ESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 80.92
FEET THROUGH A CENTRAL ANGLE OF 01`08'45'
{SCE SOUTH 89°51' 1.3" WEST 203.14 FEET TO THE EASTERLY RIGHT OF WAY OF
THE SAN PASCJAL CHANNEL, ALSO BELNG THE TERML'1US OF THIS DESCRIPTION.
SAID SEDELLhES SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE
wY_STERLY ALONG THE EASTERLY RIGHT OF WAY OF SAID CHANNEL AND
EASTERLY AT .A PROLONGATION OF THE NORTHERLY RIGHT OF WAY OF
M AGNESLA FALLS.
SAID EASEMENT CONTALrNS 1,957 SQUARE FEET, MORE OR LESS. FOR GRA?HJCAL
PURPOSES SEE EXHIBIT "B" ATTACHED 1-�RFTO AND BY THIS REFERENCE MADE
A PART HE • • F.
7- e7moo
.1 :.r•r.vuxrrc otc"iU' _ w:11 :m.-°c
PARCEL NO.
Metzcer �;\a ocidf_e.Inc.
Real Estate, Rpprcisers — Consultants
EXHIBIT "A"
RESOLUTION NO. 03-62
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 2:
LOCATION:
LEGAL DESCRIPTION:
TITLE TO BE
ACQUIRED:
EASEMENTS:
LAND:
Permanent Roadway Acquisition
Subject Parcel No. 2 is north of and adjacent to Parcel
No. 1 of Magnesia Falls Drive from 343.87 feet west of
Portola Avenue to the easterly Right of way of the San
Pascual Channel.
A copy of the Legal Description is included at the end of
this Parcel.
Permanent Roadway Easement
There do not appear to be any Easements which adversely
affect the Subject Parcel.
Subject Parcel No. 2 is 983.42 feet long with a 2 foot depth;
and contains 1,967 Square Feet on a plane with
surrounding property.
IMPROVEMENTS: None of Value
VALUE OF THE PART TAKEN
PARCEL No. 2
It should be noted that the property sought to be acquired as Parcel No. 2 will be a
Permanent Easement acquisition to be utilized for a new concrete block wall. Since
a Permanent Easement is tantamount to fee value, this taking is herein assigned
a value based upon the current Fair Market Value of the Parent Property as stated
herein.
LAND: 1,967 SF @ $ 1.75/SF = $ 3,442.
INDICATED LAND VALUE: $ 3,442.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO.2: (RDD) $ 3,450.
24
Reny F..,rva -;;,, , c -
RESOLUTION NO. 03-62
EXHIBIT "A"
•••
-
ram
•
— . .
PARCEL NO. 3: View looking westerly along proposed construction easement for north
wall of Magnesia Falls Drive -from approximately 350 feet west of
Portola Avenue.
I... P.:— 1'.
Rcni r, r.:nasrthcn,
RESOLUTION NO. 03-62
fir•-' •-?!l: 11:3Saa 2roo-ra1LY MEET ►BLIC 33IUS ilrT
DEDICATION
la
3nN3Ad V70l210d -
622-15O-OOL
F'OIZ1N;72 =fin bl\Im ql
GG3
1•
:316,vC JO .II/d.l7 /SYJ✓
7lILi :SS r-!ly ►.315/11:! FQl
IvieLz.cr
Reci Esaax Aporcrs,,s -- C unsl,l:cncs
EXHIBIT "A"
0
—
IJJ
PARCEL NO. 3
RESOLUTION NO. 03-62
.S.P ••u-I4Y i7FR FAO: Was YR
SF:LISN 7-11! F.1ry71! Fv:F
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPOIARUONSTBI;CTI037 EASEMENT
Pa1Cfl A-
8E?6G A POETION OF THE SOUTHaASE QUARTER OF THE NORTHEAST QUARTER
CF SECTON 17, TOWNSHIP 1 SOUTH. RANGE i EAST. N THE CITY OF PALM
DES..aar. COUNTY OF RIVERSIDE. STATE OF CALIFOI"NTA. MORE PARTICULARLY
DESCRIM As FOLLOWS:
COMMI NCLNG AT THE EAST QUARTER CORK. OF SAID SECTION 17, ALSO
DENO TEE C6TERSFETJONOF POKSOLA AST YL% ANT/ MAGMSTA FALLS;
THENCE SOCTEI ♦m'51'I3• WEST 34117 FEET ALONG THE CENTIER SECTION LC E,
ALSO BED 0 TFR CE'.•7 z _' E CF SLCGAFS.A FALLS TO THE PONT 07
DLGCNING.
ThMNCE NORTH 00.09'10" WEST 15.66 FEET.
7!-ENCE NORTH: i6•:a'07^'A7:S7:73..3 FEET.
THENCE NORTT! i8•3 ':r WEST 33. 3 FEET.
THENCE NORTH 49 0;'C3" W-1St a3:.3: FEET TC *F•= BECEN $ENO OF A TANGENT
CURVE CONCAVE SOUTHERLY AND (+ O:LNG A RADRS OF 304:.67 FEET;
Th ENCE WESTERLY =ZY ALONG 71- C OF SAD CURSE AN ARC DISTANCE OF 81.12
FEET THROUGH A CENTRAL ANGLE OF 0:'JT:F":
THENCE SOUP.{ 69<3!'13" WEST 203.05 FEET TO THE EASTERLY LICK!' OF WAY OF
THE SAN PASC t AL CHANNEL
THENCE SOCTH 00"09'12" WEST 10.00 FEET ALONG SA3D EASTERLY RIGhT OF
WAY;
TEEN, c SOLTd 69.5:'13" WEST 203.1E MT TO THE BEOLNNLNO OF A TANGENT
CURVE CONCAVE SOLTHSAY AND 33AV0NG A 1A7ri:5 OF :C.':.67 FEET;
T�NCE EA.":ERE Y ALONG TIE ARC OF SAD CURSE AN AC DISTANCE OF SO.1,2
TEROCGH A CENTRAL .ANGLE OF 01•0Ya5",
TH1�ICE 501.TH 69'O6'.'2' EASE -34;1 FEET.
71 EN"CE SOCTH 36'3":0' EAST 50-!! FEET.
TF—ENCE SOLT1166': _'O'" EAST :a I3 FEET
Nb rs •..s USFI' •$I.0 YY<S 'Fat
EXHIBIT "A"
:/Lint/ 1-111 P 1L/111 Fa..
T!CNCE SCLTIi C/.F 19'S0" EAST 3 66 FEET TO THE POLNT OF 8EGLNNENNC.
SAZ FARCE: -A' C07TA_^<5 9 963 SCL FEET. MORE OR LESS . FOR GRAPh7CAL
RPOSEi SEE EXHIBIT -3" ATTACHED I•IERETO AND BY THIS REFERENCE MADE
A PART:.AOF
P <.RL
"BCE
"
BEING A FORT(0N Cif TrLE SOLT!IrAiT QUARTER OF THE NORTJLAST QUARTER
OF SECTION 17, T09.745147 5 SOLTN RA.NCE 6 EAST. LN Th"E CITY OF PALM
DESERT, COUNTY OF L''VE .SDE STATE OF CAL6•FGRN'A MORE PARTICUL.LLY
DESCRIBED AS FOLLOWS.
CO3L31INCENG ..T 736E ENS' QUARTER CORNER OF SAID SECTION 17. ALSO
BEING TIE INTERSECTION OF PORTOLA A)rE.N'C= AND MAGNESIA FALLS:
TH6.NC= soya 119.51.13' WEST 1.6 67 FEET ALONG TIG CENTER SECTION LAM,
ALSO BELVG Th3 C6NTFRL.'N1 OF AIACANESIA FALLS,
THENCE NORTH 00"P-3'50" WEST 30.0C FEET.
THENCE NORTI389'5 l' 1;" c151 1; 3G FEET TO THE POINT OF EIEGLNUNG.
TS9PSCS NORTH OPOS'33' K:ST :5 00 FEET,
T! ENCE NORTa 899C':E' EAST I4 53 ram.
:ONCE SOC`.86 OC'09'_5- EAST .5 C FEET,
T1?=NCE SOLI.I'. 5943 I'll' WEST -14.33 FEET TO TEE POINT OF BEGLN•.\ZNG
SA.^.. EASEMENT CONTALN'S 664 SQL: LE F2.22•T. 31G65 OR FOR GRAF/ ICA:.
PL=ZP3SES SE:5F.XHIBR -5" ATj.16!ffD ieREETO AND BY THIS R- FERLNCE SIADE
A HART (CEP
C¢c: Pa: -.co
PLS Sag'
E<; 06030..
McLzser
Real Es1.3n• .Appraisers — Consu(mnls
PARCEL NO_ 3
RESOLUTION NO. 03-62
EXHIBIT "A"
DESCRIPTION OF PROPERTY SOUGHT TO BE ACQUIRED
PARCEL NO. 3:
LOCATION:
LEGAL DESCRIPTION:
TITLE TO BE
ACQUIRED:
EASEMENTS:
LAND:
Temporary Construction Easement
Subject Parcel No. 3A lies 2 feet northerly of Parcel No.
1 that is the north half of Magnesia Falls Drive from
343.87 feet west of Portola Avenue to the easterly Right
of way of the San Pascual Channel. Parcel 3B is a small
section that extends easterly approximately 61 feet from
Parcels No. 1 and 2.
A copy of the Legal Descriptions is included at the end of
this Parcel.
Temporary Construction Easement.
There do not appear to be any Easements which adversely
affect the Subject Parcel.
Subject Parcel No. 3A is 992.01 feet long with a depth 10
feet plus a small addition; contains 9,968 Square Feet.
Subject Parcel No. 3B is effectively rectangular in shape,
with a length of 44.53 feet and a depth of 15.005 feet;
contains 668 Square Feet.
The total for both Parcels is 10,636 square feet. Both
Parcels are on a plane with surrounding property.
IMPROVEMENTS: None of Value
25
RESOLUTION NO. 03-62
VALUE OF THE PART TAKEN
PARCEL No. 3
EXHIBIT "A"
It should be noted that the property sought to be acquired as Parcel No. 3 will be a
Temporary Construction Easement for a four to six month period while the concrete
block wall is being constructed. Therefore the value is computed on a time basis a
ten percent per annum appears to be a very fair consideration Therefore, this taking
is herein assigned a value based upon the current Fair Market Value of the Parent
Property as stated herein.
LAND: PARCEL 3A: 9,968 SF @ $1.76/SF = $ 17,444,
PARCEL 3B 668 SF @ $ 1.75/SF = $ 1.169.
INDICATED LAND VALUE: $ 18,613.
IMPROVEMENTS: None $ 00.
TOTAL VALUE PARCEL NO. 3: $ 18,613.
RENTAL: $ 18,613. @ 10 % X -5 YEAR = $ 930.65
INDICATED VALUE FOR SIX MONTHS EASEMENT: (RDD) $ 950
26
Rcaf Est to \enn:;••,c — _Tvnawt..nt