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HomeMy WebLinkAbout24909RESOLUTION NO. 24909 RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF REAL PROPERTY LOCATED IN CATHEDRAL CITY CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 677-444-010 AND 677-444-013, FOR THE RAMON ROAD AND BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID PROJECT NO. BHLS 5282 (040), IN THE CITIES OF CATHEDRAL CITY AND PALM SPRINGS, RIVERSIDE COUNTY, CALIFORNIA. WHEREAS, the City of Palm Springs (the "City") proposes to acquire fee and temporary construction easement interests in certain real property identified as Assessor Parcel Numbers 677-444-010 and 677-444-013, for the purpose of constructing the Ramon Road Widening and Bridge Project ("Project"), pursuant to the authority granted to the City by California Government Code section 37350.5 and the Cooperative Agreement between the City of Cathedral City and the City of Palm Springs, duly approved by the City Council for the City of Palm Springs on September 18, 2019; and, WHEREAS, pursuant to California Code of Civil Procedure section 1245.235, the City scheduled a public hearing for Thursday, June 10, 2021 at 5:30 p.m., in the City of Palm Springs City Council Chamber, located at 3200 E. Tahquitz Canyon Way, in Palm Springs, California, 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 a reasonable opportunity to appear at said hearing and be heard on the matters referred to in California 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 now adopt a resolution of necessity pursuant to Code of Civil Procedure section 1240.040. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act. Resolution No. 24909 Page 2 SECTION 2. Public Use. The public use for which the real property interest is to be acquired is for public right-of-way purposes and the widening of Ramon Road between San Luis Rey Drive and Landau Boulevard in portions of Cathedral City and Palm Springs, California. California Government Code section 37350.5 authorizes the City to acquire, by eminent domain, real property necessary for such purposes. SECTION 3. Description of Property. Attached and marked as Attachment "A" are the legal definitions, legal description and depiction of the real property to be acquired by the City, which describes the general location and extent of the property to be acquired 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 the manner that will be most compatible with the greatest public good and least private injury; (c) The easement interests described in Attachment "A" are necessary for the proposed project; (d) The offer required by section 7267.2 of the California Government Code was made. SECTION 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easement interest subject to such existing public uses pursuant to California Code of Civil Procedure section 1240.510. SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the real property appropriated to such existing public uses pursuant to California Code of Civil Procedure section 1240.610. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use. Resolution No. 24909 Page 3 SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and 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 may be authorized and required by law, 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 property at the earliest possible time. Counsel is further authorized to correct any errors or 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. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. SECTION 8. Effective Date. This Resolution shall take effect upon adoption. ADOPTED THIS loth day of June 2021. Justin fton, ICMA- City Manager ATTEST: ho J. , City Clerk Resolution No. 24909 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION ss. I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24909 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 10, 2021, by the following vote: AYES: Councilmembers Kors, Mayor Holstege NOES: Councilmember Garner ABSENT: None ABSTAIN: None Woods, Mayor Pro Tern Middleton, and IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California this I 1 ti'- day of 7 ""CL, thony J. ejia, ity erk City of Pal Springs, California ATTACHMENT "A" FOLLOWS THIS PAGE Resolution No. 24909 Page 6 - Attachment A EXHIBIT A Resolution No. 24909 Page 7 - Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 677-444-010 LUIS PAZ RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 152 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP, AS SHOWN BY MAP ON FILE IN BOOK 26, PAGE 88, OF MAPS, RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED APRIL 05, 1999 AS INSTRUMENT NO. 1999-142913, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 5.00 FEET SAID LOT 152; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 365 SQUARE FEET OR 0.008 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS DATED: 1117 �� 7 1 OF 1 Lftb CMWG fi HARMS No. 4089 \\�OF GI�F�/ Resolution No. 24909 Page 8 - Attachment A EXHIBIT "B" RIGHT-OF-WAY APN 077-444-010 PAZ SEC. 17, T.4S., R.5E., SEIM H 152 oc' CL 0°006 co g LUIS PAZ ( g o \ I V PER INST. # 142913 REC. I m o R. p to 04 °w`M �F 04/05/1999, O.a APN: 677-444-010 c 0 Z M g �z I I z �z z g R/W AREA 1 0 a a 365 SO. FT. I In in 0.008 AC. I J a a_ SW COR, OF 73' LOT 152 in RAMON ROAD_ Q O S. 1 /4 OF } SEC. 17 ( J C� O U �I R. � • r OF Ci DATED: �� 7 0' 40' 80' SCALE 1"=40' Q 5' PUE PER M8 26/88 MSA CoNsutmo, INc. LPROJECT NAME: RAMON ROAD PLANNING ■ CIM ENGDMERMO CITY PROJECT NO. 08-25 ID LAND SURvBYINO IS PLAT IS AN AID IN LOCATING THE PARCELS OESCRISED IN THE PRECEDING DOCUMENT. ALL PRIM Y CALLS ARE LOCATED IN THE WRITTEN DESCRIPTION". J.N. 1963 SHEET 1 OF 1 Resolution No. 24909 .Page 9 -Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 677444-010 LUIS PAZ TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 152 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP, AS SHOWN BY MAP ON FILE IN BOOK 26, PAGE 88, OF MAPS, RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED APRIL 05, 1999 AS INSTRUMENT NO. 1999-142913, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 5.00 FEET OF THE SOUTHERLY 10.00 FEET OF SAID LOT 152; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 365 SQUARE FEET OR 0.008 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: WRr'.41-24 - �_! • CHARLES R. HARRIS DATED: IZ S ZD/7 P.L.S. 4989 1 OF 1 INv� CHARLES R. HARRIS y No.4069 \� OP CALIF// I-- Resolution No. 24909 Page 10 - Attachment A EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 877-444-010 PAZ SEC. 17, T.45.. R.5E., SBM H II � r O C; 152 I cs = ao OCO LUI5 PAZ I = N 9 R fPER INST. 142913 REC. c V) Z M m o4/osi9e9, O.R.oRN APN: 677--444-010 1p TCE AREA 365 SO. FT. I I �' O.00t3 AC. a Q t a RAMON ROAD_ \\ � DATED: /Z1�.20/ 7 Q 5' PUE PER MB 26/88 © 5' R/W PER SEPARATE DOCUMENT 0 V-`E a 0 Im S. 1/4 OF y. SEC. 17 I J � N O v TEMPORARY CONSTRUCTION EASEMENT LZZLIA ADMSA CONSULTING, INC PLANmo ■ Cmm EN( =Epmo LAND SURVBYI o J.N. 1963 SHEET 1 OF 1 Resolution No. 24909 Page 11 - Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 6774M-013 LUIS PAZ RIGHT-OF-WAY DEDICATION RIGHT-OF-WAY AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 155 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP, AS SHOWN BY MAP ON FILE IN BOOK 26, PAGE 88, OF MAPS, RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED FEBRUARY 27, 2002 AS DOCUMENT NO. 2002-101191, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF RAMON ROAD AND CROSSLEY ROAD; THENCE SOUTH 89048'50" WEST, ALONG THE CENTERLINE OF SAID RAMON ROAD A DISTANCE OF 36.27 FEET; THENCE NORTH 00014'33" EAST, A DISTANCE OF 55.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 155, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMON ROAD; THENCE ALONG SAID SOUTHERLY LINE AND NORTHERLY RIGHT-OF-WAY LINE NORTH 89048'50" EAST, A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 155, SAID POINT ALSO BEING ON THE WESTERLY RIGHT- OF-WAY LINE OF SAID CROSSLEY ROAD; THENCE ALONG THE EASTERLY LINE OF SAID LOT 155 AND SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00001'43" WEST, A DISTANCE OF 40.97 FEET; THENCE SOUTH 89"58'17" WEST, A DISTANCE OF 3.00 FEET TO A POINT ON A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 00"01'43" EAST, A DISTANCE OF 23.54 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32042'03" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 96018'45", AN ARC DISTANCE OF 8.40 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 50959'12" WEST; 1 OF 2 Resolution No. 24909 Page 12 - Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 677-444-013 LUIS PAZ RIGHT-OF-WAY DEDICATION THENCE NON -TANGENT TO SAID CURVE SOUTH 4902426" WEST, A DISTANCE OF 15.55 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY,OF RECORD. CONTAINING 207 SQUARE FEET OR 0.005 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS ,•8• DATED: / 7 20F2 CHAALE9 FL MARP49 ,y No.4069 \� OF c � Resolution No. 24909 Page 13 - Attachment A 00 N � �� o� 0.0 0 W- N M o 2 w wo�< a 0' 30, 60' SCALE 1"-30' DATED: 14 Q 5' PUE PER MB 26/88 EXHIBIT "B" RIGHT-OF-WAY APN 877-444-013 PAZ SEC. 17, T.4S., R.5E., SBM ON N Aj C 'L tiO�Ex 00 O�'101A 155 �I 25' I Q �j L50 J 5 N I J O tr U nau as 14 r- v R R/W AREA "-L3 207 SQ. FT. T.P.O.B. ( 101005 AC. R/W AREA I ' I I �I 1 � E L1 RAMON ROAD p.p,C, S. 1 /4 AT COR. OF SEC. 17 LINE DATA NO. BEARING LENGTH L1 S 89.48 50 W 36.27 L2 N 00' 14 33 E 55.00 L3 N 89'48 50 E 16.00' L4 N 00'01 43" W 40.97 L5 S 89'58 17" W 3.00 L6 IS 60'01'43' E 23.54 L7 IS 49'24 26 W 15.55 CURVE DATA NO. DELTA I RADIUS LENGTH C1 1 96 18 45 5.00 8.40' ADMSA CONSULTING, INC. PLANNING 0 CPM ENGINEERING LAND SURVEYING J.N. 1963 SHEET 1 OF 1 Resolution No. 24909 Page 14 - Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 677444-013 PAZ TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA: IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 155 OF PALM SPRINGS OUTPOST UNIT NO. 5 MAP, AS SHOWN BY MAP ON FILE IN BOOK 26, PAGE 88, OF MAPS, RIVERSIDE COUNTY RECORDS ALSO DESCRIBED IN GRANT DEED, RECORDED FEBRUARY 27, 2002 AS DOCUMENT NO. 2002-101191, OF RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE SOUTH 89048'50" WEST, A DISTANCE OF 94.02 FEET; THENCE NORTH 00014-33" EAST, A DISTANCE OF 55.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RAMON ROAD AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89048'50" EAST, A DISTANCE OF 57.75 FEET; THENCE NORTH 49"24'26" EAST, A DISTANCE OF 15.55 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 50°59'12" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 96018'45", AN ARC DISTANCE OF B.40 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32042'03" WEST; THENCE NON -TANGENT TO SAID CURVE NORTH 00001'43" WEST, A DISTANCE OF 23.54 FEET; THENCE NORTH 89058'17" EAST, A DISTANCE OF 3.00 FEET; THENCE NORTH 00001'43" WEST, A DISTANCE OF 6.56 FEET; THENCE SOUTH 89058'17" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00001'43" EAST, A DISTANCE OF 29.53 FEET; THENCE SOUTH 30003'60" WEST, A DISTANCE OF 15.06 FEET; 1 OF 2 Resolution No. 24909 Page 15 - Attachment A EXHIBIT "A" LEGAL DESCRIPTION APN 677-444-013 PAZ TEMPORARY CONSTRUCTION EASEMENT THENCE SOUTH 89048'50" WEST, A DISTANCE OF 61.17 FEET; THENCE SOUTH 00014-33" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 423 SQUARE FEET OR 0.010 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS P.L.S. 4989 1. LNv CHARLES R. HAM13 DATED: �z -� ZO !7 * No. 4989 OF cA F1 20F2 Resolution No. 24909 Page 16 - Attachment A F- V) CL 00 00 O coo N 0 Z C>7 Z E 0- Q 0- XHIBIT 'rBu TEMPORARY CONSTRUCTION EASEMENT APN 677-444-013 PAZ SEC. 17, T.4S., R.5E., SBM I � m $ N S ryo C Qo`��0� aNM� J�5ry11ry���� hoc, 1 z 61 U Q���,► W TOE AREA 423 SQ. FT. 0.010 AC. ® 1 ill l� T.P.O.B. TCE AREA 0' 40' 80' RAMON ROAD SCALE 1 "=40' DATED: 12 Q 5' PUE PER MB 26/88 ® 5' R/W PER INST. # 274860 REC. 12/27/1984, O.R. © R/W PER SEPARATE DOCUMENT 155 f L11 �I SEE DETAIL BELOW L6 44 1 2s' rIo cc J in W �O . ar P.O.C. S. 1 /4 OF SEC. 17 TEMPORARY CONSTRUCTION TA LINE DA NO. BEARING LENGTH L1 50 S 89'48 W 94 .02 L2 N 00' 14 33 E 55.00 L3 N 89'48 50 E 57.75 L4 N 49'24 26 E 15.55 L5 N 00.01 43 W 23 .54 L6 N 89'5817" E 3.00 L7 N 00'01 43 W 6.56 LS S 89*5817 W 5.00 L9 S 00'01 43 E 29.53 L10 IS 30'O3 50 W 15.06 L11 IS 89'48 50 W 61.17 L12 IS 00'14 33 W 5.00 CURVE DATA NO. DELTA C1 96'18 45 EASEMENT a LS a O �7t- o } L6 J O IZ U RADIUS I LENGTH j DETAIL 5.00 8.40 NOT TO SCALE CONSULTING, INC. IDMSA PLANNMG w CML ENGINEERING LAND SURVEYING J.N. 1963 SHEET 1 OF 1