HomeMy WebLinkAboutCC RES 2015-93RESOLUTION NO. 2015-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY LOCATED ALONG THE SOUTH SIDE
OF SAN ANTONIO CIRCLE, EAST OF MONTEREY
AVENUE, IN PALM DESERT, CALIFORNIA, OTHERWISE
KNOWN AS A PORTION OF APN 627-071-013, FOR THE
ALESSANDRO WEST PROJECT
WHEREAS, the City of Palm Desert ("City") proposes to acquire a fee simple
interest in certain real property located along the south side of San Antonio Circle, east
of Monterey Aveue, in the City of Palm Desert, California, County of Riverside,
otherwise known as a portion of Assessor's Parcel Number ("APN") 627-071-013
(hereafter, "Subject Property"), for the purpose of constructing road improvements along
the south side of San Antonio Circle in Alessandro West ("Project"), pursuant to the
authority granted to the City by Government Code section 37350.5 and Code of Civil
Procedure sections 1240.040, 1240.110, and 1240.120; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City
scheduled a public hearing for November 12, 2015 at 4:00 p.m. at the City Council
chambers located at City Hall, 73-510 Fred Waring Drive, Palm Desert, California
92260, and gave to each person whose property is to be acquired and whose name and
address appears 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 whose
property is to be acquired by eminent domain was afforded the opportunity to be heard
on said matters; and
WHEREAS, the City may adopt a resolution of necessity pursuant to Code of
Civil Procedure section 1240.040.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Desert, California, that the City Council does hereby find, determine and declare upon
evidence presented to the City Council as follows:
Section 1. Notice and Hearing Compliance.
The City has provided notice of this hearing to the owners of the Subject Property
as required by Code of Civil Procedure section 1245.235.
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RESOLUTION NO: 2015-93
Section 2. Public Use.
The public use for which the Subject Property is to be acquired is for the
Alessandro West Project ("Project"). The City is authorized to acquire by eminent
domain property necessary for such a purpose in accordance with Government Code
section 37350.5 and Code of Civil Procedure sections 1240.040, 1240.110, and
1240.120.
Section 3. Description of Property.
The Subject Property to be acquired is generally described as a 1,620 square
foot portion of a 7,200 square foot parcel of vacant land, located along the south side of
San Antonio Circle, east of Monterey Avenue, in the City of Palm Desert, California,
County of Riverside, otherwise known as a portion of APN 627-071-013, owned by
David Holtz and Agnes Holtz. Attached hereto as Exhibit A is the legal description of
the Subject Property to be acquired for the Project.
Section 4. Findings.
The City Council hereby finds and determines the following:
a. The public interest and necessity require the proposed Project;
b. The proposed Project is planned or located in the manner that will be the
most compatible with the greatest public good and least private injury;
c. The Subject Property is necessary for the proposed Project; and
d. The offer required by Government Code section 7267.2 was made to the
owners.
Section 5. Condemnation for a More Necessary Use.
If and to the extent any portion of the Subject Property is already devoted to a
public use, the proposed Project is a more necessary public use pursuant to California
Code of Civil Procedure sections 1240.610 et seq.
Section 6. Further Activities.
Best Best & Krieger LLP ("BBK"), as the City Attorney to the City, is hereby
authorized to acquire the Subject Property in the name of and on behalf of the City by
eminent domain. BBK is further authorized to institute and prosecute such legal
proceedings as may be required. BBK may take such steps as may be authorized and
required by law, and make such deposit as may be required, to permit the City to take
possession of and use of the Subject Property at the earliest possible time. BBK is
further authorized to correct any errors or to make or agree to non -material changes in
the legal description of the Subject Property that is deemed necessary for the conduct
of the condemnation action, or any other proceedings or transactions required to
acquire the Subject Property.
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RESOLUTION NO: 2015-93
2015.
PASSED, APPROVED AND ADOPTED this loth day of December
AYES: HARNIK, JONATHAN, TANNER, and SPIEGEL
NOES: WEBER
ABSENT: NoNE
ABSTAIN: NONE
ATTEST
RA LE D. KLASSEN, C ' CLERK
CITY OF PALM DESERT, CALIFORNIA
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ROBERT
I (4?'BERT A. SPIEGEL, MAYO/)
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RESOLUTION NO: 2015-93
EXHIBIT A
[LEGAL DESCRIPTION]
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RESOLUTION NO. 2015-93
EXHIBIT "A"
Right of Way Acquisition
Parcel "A"
The southerly 27.00 feet of Lot 134 of Palma Village Unit No. 7, in the City of Palm
Desert, County of Riverside, State of California, as per map filed in Book 21 of Maps,
Pages 16 through 18 inclusive, in the office of the County Recorder of said County of
Riverside, and being in the northwest quarter of Section 20, Township 5 South, Range 6
East, S.B.M.
Containing 1,620 square feet, more or Tess.
Exhibit "B" is attached hereto, and by this reference is made a part hereof.
0 `/t i G-l/1-�.9"7
R. Page Garner
City Surveyor
City of Palm Desert, CA
Page 1 of 1
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RESOLUTION NO. 2015-93
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SHEET NO.
DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT 1
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