RES PA-03RESOLUTION NO. PA-3
RESOLUTION OF THE PALM DESERT PARKING
AUTHORITY DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF
THE PALM DESERT PARKING AUTHORITY DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The Palm Desert Parking Authority is a
public body, corporate and politic, in -the City of Palm Desert,
County of Riverside, State of California. The legislative body
of the City of Palm Desert has by resolution declared that 'there
is a need for the Palm Desert Parking Authority to function in
the City of Palm Desert
Section 2. The property hereinafter described is to be
taken for a public use, namely, for parking facilities and
purposes incidental or advantageous thereto, pursuant to the
authority conferred upon the Palm Desert Parking Authority to
acquire property by eminent domain by Streets and Highways Code
Sections 32500 gt sea. ("Parking Law of 1949") including but not
limitedrto Streets and Highways -Code Sections 32501 and 32802,
and by Code of Civil Procedure Sections 1230.010 et sea.
("Eminent Domain Law") including but not limited to Code of Civil
Procedure Sections 1240.010, 1240.020, 1240.110, and 1240.120.
Section 3. The property to be taken is located in the
City of Palm Desert and is more particularly described as:
That portion of Lot 137 of Palma Village Unit No. 7 in
the County of Riverside, State of California as per map
recorded in Book 21, Pages 16, 17 and 18, of Maps in
the office of the County Recorder of'said County,
described as follows:
All of said Lot 137 lying south of a line being
parallel with and 72.87 feet from the south line of
said Lot 137;
TOGETHER with all of said Lot 137 lying west of a line
being parallel with and 44.45 feet from the west line
of said Lot 137.
Section 4. The acquisition of the above -described
property is part of and necessary to implement the mixed office -
retail complex project identified as Case No. C/Z 90-2, PP/CUP
90-5 and approved by the City Council on May 24, 1990 by
Resolution No. 90-59, and revised by the City Council on
February 13, 1992 by City Council Resolution No. 92-15. The
environmental impacts of the project were reviewed and considered
by the City Council. The City Council approved a negative
declaration for the project on May 24, 1990 by City Council
920514 see 1730460 (1)
RESOLUTION NO. PA-3
Resolution No. 90-59. The City Council also approved an addendum
to the negative declaration in connection with the revision to
the project. The addendum was approved by the City Council on
February 13, 1992 by City Council Resolution 92-15. On the basis
of the initial study and the comments received on the negative
declaration and the addendum, the City Council determined that
there was no substantial evidence that the project would have a
significant environmental impact. There are no circumstances
which would justify the preparation of a subsequent or
supplemental negative declaration at this time. Therefore, the
Palm Desert Parking Authority has considered the environmental
effects ofthe project as shown in the negative declaration and
addendum and is relying on the negative declaration and addendum
in determining whether to acquire the above described property.
Section 5. The governing body of the Palm Desert
Parking Authority has found and determined, and hereby finds and
determines that:
(a) The public interest and necessity require the
proposed project;
(b) The proposed project is planned and located
in the manner that will be most compatible with the greatest
public good and the least private injury.
(c) The property hereinabove described is
necessary for the proposed project; and
(d) The offer required by Section 7267.2 of the
Government Code has been made to the owner of record.
Section 6. The Palm Desert Parking Authority hereby
authorizes and directs the law firm of Richards, Watson &
Gershon, as attorneys for the Palm Desert Parking Authority, to
take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the
property interests hereinabove described by eminent domain.
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920514 ens 1730460 (1)
RESOLUTION NO. PA-3
1992.
PASSED, APPROVED and ADOPTED this 28th day of May,
AYES: BENSON, SNYDER, WILSON, KELLY
NOES: CRITES
ABSENT: NONE
ABSTAIN: NONE
Richard S. Kelly, Chairman
ATTEST:
Sheila R. G.1ligan,/ Secretary
Palm Desert Parkin Authority
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920514 aas 1790460 (1) 3