HomeMy WebLinkAboutRDA RES 265RESOLUTION NO. 265
2,
by
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT
AGENCY DECLP,RING THAT THE ACQUISITION OF
EASEMENT INTERESTS IN CERTAZN REAL PROPERTY BY
EMINENT DOMAIN IS NECE5SARY FOR CONSTRUCTION
OF THE COOK STREET CROSSING OF THE WHITEWATER
STORMWATER CHANNEL
WHEREAS, the Palm Desert Redevelopment Agency (the "Agency")
proposes to acquire certain real property legally described in
, Exhibit "A" attached hereto, in the City of Palm Desert for
purposes of construction of the Cook Street Crossinq of the
Whitewater Stormwater Channel, pursuant to the authority granted to
it by Government Code Section 37350.5 and Health and Safety Code,
Section 33000 t se .; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235,
the Agency scheduled a public hearing for November 12, 1992, at
7:00 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 property to be acquired and whose name and
address 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 hearinq has been held by the Agency and each
person who owns an interest in the property to be acquired by
eminent domain was afforded an opportunity to be heard on said
matters; and
WHEREAS, the Agency may now adopt a Resolution of Necessity
pursuant to Code of Civil Procedure Section 1245.030;
NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY RESOLVE:
AND DECLARES AS FOLLOWS:
Section 1. ComQliance with Code of Civil Procedure.
There has been compliance by the Agency with the requirements of
Cade of Civil Procedure Section 1245.235 regarding notice and
hearing.
Section 2. Public Use. The public use for which the
real property interests are to acquire formerly blighted property
for construction of the Cook Street Crossing of the Whitewater
Stormwater Channel. Section 37350.5 of the California Government
Code authorizes the Agency to acquire by eminent domain property
necessary for such purposes. '
Section 3. Description of Prooerty. Attached and marked
as Exhibit "A" is the legal description of the real property
(permanent slope easements and temporary slope easements) to be
acquired by the Agency. Exhibit "A" describes the general location
and extent of the property to be taken with sufficient detail for
reasonable identification.
Section 4. Findinas. The Agency 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
DSP28590 -2 -
"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 Agency 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 Agency
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 Agency 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 Agency is authorized to acquire the
property subject to such existinq public use, pursuant to Section
1240.510 of the Code of Civil Procedure.
Section 6. Further Activities. Legal Counsel for the
Agency is hereby authorized to acquire the hereinabove described
real property in the name of and on behalf of the Agency, 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
DSP28590 - 3 -
permit the Agency to take possession of and use said real property
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 property that are deemed necessary for the conduct of
the condemnation action or other proceedings or transaction
required to acquire the subject real property.
Section 7. Effective Date. This Resolution shall take
effect upon adoption.
PASSED, APPROVED AND ADOPTED this 12th day of November,
1992, by the following vote, to wit:
AYES: Benson, Snyder, Wilson, Kelly
NOES: None
ABSENT: Crites
ABSTAIN: None
Palm Desert Redeve
DSP28590
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Richard S. Kelly, Chairman
Palm Desert Redevelopment A ency
ary
Agency
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EXHIBIT "A"
WIILIAM 5. HART, SR., TRUSTEf
4F THE WILLIAM 5. HART, SR. 1985 TR� !ST
OATED 1-9-85
APN 634-040-001
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LEGAL �ESCRIPTION
FOR PERMANENT SLOPE EASEMENT
IN THE CITY OF PALM DESERT, C�UNTY OF RlVERSIDE, STATE OF CALIFORNIA. IN
THAT PORTION OF THE N.W. 1/4 OF THE S.W. 1!4 OF SECTION 1 S, TOWNSHIP S
SOUTH, RANGE G EAST Of THE SAN BERNARDINO BASE AN� MERIDIAN, BEING A
PORTION OF THE REAL PROPERTY CRANTED TO THE WILLIAM 5. HART, SR. TRUST,
IN OEED RECORDED SEPT. 16, 1988 AS INSTRUMENT NO. 267989 OF OFFICIAL
RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRfBED AS FOlLOWS:
BEGiNNING AT THE WEST QUARTER CORNER OF SAIO SECTION 15;
TH N • S 00°02'13" W, 117.00 FEET, ALONG THE WEST LINE OF SAIO SECTION 1 S,
AL50 BEINC THE CENTERLINE OF COOK STREET;
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7H N : 5 71°45'14' E, 57.90 FEET TO THE EAST RIGHT•OF-WAY LiNE OF COOK
STREET, AS DESCRI6ED IN iNSTRUMENT NO. 120891 RECORDEDOCTOBER
5, 1964, AND THE NORTHWEST CORNER Of THE REAL PROPERTY
DESCRIBED IN SAID INSTRUMENT NO. 267989, BEINC THE TRUE POINT
OF BEGINNINC;
TH NC : S 71°45'14' E, 57.86 fEET AIONC THE NORTHERLY LINE OF THE REAI
PROPER7Y DESCRIBED IN SAID INSTRUMENT NO. 267989;
TH N • S 00°38'S7" E, 252.24 FEET, TO A POfNT ON THE SOUTHERLY BOUNOARY
LfNE OF SAID REAL PROPERTY, SAfD POINT BEING ON THE ARC OF A
NON-TANGENT CURVE CONCAVE TO THE SOUTH, AND H�IVINC A
RADIU5 (7F 14,500.00 FEET FROM WHICH POINT THE RADIUS POINT Of
SAID CURVE BEARS 5 21°29'S1" tA/;
TH. NC • WESTERLY, 62.25 FEET, ALONG THE ARC OF SAIO CURVE, I�ND 5AI�
SOUTHFRLY f30UNOl1RY, THROUGH n C� 'TRnI. ANGIE OF 0°1�1'�t5', TO
SAID EAST RICHT-Of-WAY LINE OF COOk �TREET;
TH Nc :�;, N 00°02'13' E, 247.65 FEET, ALONC SAID EAST RfGHT-Of-WAY LINE
TO THE TRUE POINT OF BEGINNING.
CONTAIt�1NG 14,082 SQUARE FEET, MORE OR 1E55.
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EXHIBIT B
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WEST OUARTER CORNER
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T.55., R.6E., S.8.8.M.
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EXHIBIT "A"
WILLIAM S. HART, SR., TRUSTEE
OF THE W{LLIAM 5. HART, SR. 1985 TR� �ST r
DATED 1-9-85
APN 634-040-001
IECAL DESCRIPTIQN
FOR TEMPORARY SIOPE EASEMENT
IN THE C1TY OF PALM DESERT, COUNTY Of RIVERSIDE, STATE OF CALIFORNIA. (N
THAT PORTION OF THE N.W. 1/4 OF THE S.W. 1/4 OF SECTfON 15, TOWNSHIP 5
SOUTH, RANGE 6 EAST OF THE SAN BERNARDINO BA5E AND MERIDIAN, BEING A
PORTION OF THE REAL PROPERTY GRANTED TO THE WILLIAM 5. HART, SR. TRUST,
IN DEED RECOROED SEPT. 16, 1988 AS �STRUMENT NO. 267989 OF OFF{CIAL
RECOROS OF SAiD COUNTY, MORE PARTICUTARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 15;
THENC : 5 00°02'13" W, 117.00 FEET, ALONC THE WEST LINE OF SAID SECTION 15,
AL50 BEINC THE CENTERLINE OF COOK STREET TO THE PROLONCATION
OF THE NORTHERLY LINE OF THE REAL PROPERTY DESCRIBED IN SAID
. • INSTRUMENT NO. 267989;
TH NC : 5 71°45'14' E, 115.76 FEET AIQNC SAID NORTHERIY LINE AND
PROLONGA710N THEREOF, TO THE TRUE POINT Of BECiNNfNG;
TH N • CONTlNU1NC 5 71°45'14''E, 12.68 FEET, ALONG SAfD NORTHERLY LINE;
�H N • S 00°38'S7' E, 253.02 FEET, TO A PCJINT ON THE NORTH R1GHT-0E-WAY
LINE OF THE WHITEWATER R1VER CHANNEL, AND THE SOUTHERLY LINE
OF SAID REAL PROPERTY, SAID POINT BEING ON THE ARC OF A NON-
TANCENT CURVE CONCAVE TO THE SOUTH AND HAVING A RA�IUS OF
14,500.00 FEET, FROM WHICH POINT THE RADIUS POINT OF SIUO CURVE
BEARS S 21°32'S5' W;
TH N : WESTERIY, 12.96 FEET, ALONC THE ARC OF SAIO CURVE, AND THE
SOUTHERtY BOUNOARY OF SAID REAL PROPERTY, THROUGH A CENTRAL
ANGLE OF 0°03'04';
TH N • N 00'38'S�' W, 252.24 fEET, TO THE TRUE POINT OF BEGINNINC.
CONTAINING 3,032 SQUARE FEET, MORE OR LE55.
No. 27�9�) 1 �
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EXHIBIT 8
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WEST OUARTER CORNER
OF SECTION t S,
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MID—SECTION LINE
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PROPERTY OWNER- HIJ�T,
ARfJ1• 0.07 AC.
(3.032 S.F.)
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WEST COAST PROPERT��S, INC
APN 624-1b0-004
LEGAI OESCRIPTION
FOR PERMANENT SLOPE EASEMENT
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ►N
THAT PORTION OF THE N.E. 1J4 OF THE S.E. 1/4 OF SECTION 16, iOWNSHIP 5
SOUTH, RANGE 6 EAST OF THE SAN BERNARDINO BASE AND MERIDlAN, BEINC A
PORTION OF THE REAL PROPERTY CRANTED TO WEST COAST PROPERTfES, INC., IN
DEED RECORDED MARCH 17, 1992 AS INSTRUMENT NO. 90275 OF OFFICIAL RECORDS
OF SAID COUNTY, MQRE PARTICULARLY DESCRIBED AS FOLtOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 16;
THENC : S 89°45'24" W 55.00 FEET ALONC �HE NORTHERLY LINE OF THE N.E. 1/4
OF THE S.E. 1/4 O� SA1� SECTION 16 TO THE NORTHWEST CORNER OF
THE REAL PROPERTY GRANTED TO THE COUNTY OF RIVERSIDE IN DEED
RECORDE� )UNE 28, 1971 AS INSTRUMENT NO. G9656 OF OFFiCIAI
RECORDS OF SAID COUNTY, ANO 70 THE TRUE POINT OF BEGINNINC.
'THENCE: 5 00°02'13" W, 235.72 FEET ALONG THE WESTERLY 11NE OF 5AID REA1.
PRQPERTY PER INSTRUMENT NO. 69656;
TH NC : 5 OS°43'15" W, ALONG SAID WESTERLY LINE 100.00 FEET TO A POfNT QN
THE SOUTHERLY BOUNDARY LINE OF THE REAL PROPERTY �ESCRIBED
IN SAID INSTRUMENT NO. 90275, SAtO POINT BEING ON THE ARC OF A
NON-TANCENT CURVE CONCAVE TO THE SOUTH AND HAVIrvG A
RADIUS OF 14,500.00 FEET, FROM WHICH POINT THE RADIUS P�INT OF
SAIO CURVE BEARS S 20°43'20" W;
TH N : WESTERLY, 37.29 FEET, ALONG THE ARC OF SAIO CURVE, ON THE
'S�UTHERLY BOUNOARY OF THE REAL PRQPERTY DESCRIBED IN SA10
INSTRUMENT NO. 90275, THRU A CEN�RAL ANCLE OF 0°08'S0'.
THENC • N 06°17'S1" E, 323.30 fEET, TO THE NORTHERLY LINE OF SAID N.E, �,•�
OF THE S.F. 11�;
TH N • N 89°45'24" E, ALONC SAID NORTHERIY LINE, 14.74 FEET, TO THE TRI.�E
POINT Of BEGINNING
CONTAINING 10,083 SQUARE FEET, MORE OR 1E55.
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EXHIBIT 8
11U� 1'LA11S SO�[�Y/W 40IN LOGTINO TII( ►A/1Cflf7) O(�Cf1t0(O �N TII� ATTACIIIO
OOCY4(MT. IT IS NOf A/All� OI T11( WI{it�[N DiSCf1�►iION iNli1[iN.
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PROPOSED
PERM. SLOPE fASEMENT
PROPERN OWNER—
WEST CO�ST PROP. INC.
AREA= 0.23 AC.
(10,083 S.F.)
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EXHIBIT "A"
WEST COAST PROPERTIES, INC.
APN 624-160-004
LECAL OESCR(PT10N
FOR TEMPOl�RY SLOPE EASEMENT
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIOE, STATE OF CALI�ORNIA. IN
THAT PORTION OF THE N.E. 1/4 OF THE S.E. 1/4, OF SECTION 16, TOWNSHIP S
SOUTH, RANGE 6 EAST Of THE SAN BERNARDINO BASE ANO MERIDIAN, BEINC A
PORTION UF THE REAL PROPERTY GRANTED TO WEST C4AST PROPERTIES, INC.,
RECORDED MARCH 17, 1992 AS iNSTRUMENT NO. 94275 Of OFFICIAL REC4RD5 OF
SAID Ct�UNTY, MORE PARTICULARLY OESCRIBED AS FOlLOWS:
BEGINNINC AT THE EAST QUARTER CORNER OF SAID SECTiON 16;
THENC : 5 89°45'24' W, 69.74 FEET AIONC TNE NORTHERLY IINE OF THE N.E. �J�
OF THE S.E. 1i4 OF SAID SECTIQN 16, TO THE TRUF POINT OF
BEGiNNING;
TH N E: 5 OG°17'S1' W, 323.30 FEET TO A PQINT ON THE SOUTHERLY BOUNOARY
• LINE OF THE REAI PROPERN DESCRIBEO IN SAID INSTRUMEN7 NO.
90275, BEING ON THE ARC OF A NON-TANGENT CURVE, CONUVE TO
THE 50UTH AND HAVINC A RAOIUS OF 14,SOO.QO FEET, FROM WHICH
POINT THE RADIUS POINT OF SAID CURVE BEARS S 20°34'29" W;
TH N : WESTERLY, 41.53 FEET, ALONC THE ARC OF SAfD CURVE ON THE
SOUTHERLY 80UNDARY Of SAID REAL FROPERTY, THROUCH A CENTRAI
ANGLE O� 4"09'S1';
TH N • N 40°OC�'S9' E, 50.79 FEET;
TH N: N 06°17'S1' E, 269.55 FEET TO A POINT ON THE NORTHERLY LINE OF
SAIO N.E. 114 Of THE S.E. 1i4;
TH NC : N 89°45'24' E ALONG SAlO NORTHERLY LINE 12.08 FEET, TO THE TRUE
POINT OF BECINNING;
CONTAINING a,550 SQUARE FEET, MORE OR LESS.
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TNI� I{,AT li SOl(�t /J1 A19 IN �OGTWO TN[ ►AAC[L(3) OC7Cf110(D IN TN( Ai1AC11(O
OCCyM(NT. IT IS NOT A►AAT O/ T11f W111iT�N O�lCfl1lilOM iN[11fIM.
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PROPERTY UNE
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