HomeMy WebLinkAbout24608RESOLUTION NO. 24608
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOR THE
ACQUISITION BY EMINENT DOMAIN OF PERMANENT
RIGHT OF WAY EASEMENT, PERMANENT SLOPE
EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT INTERESTS IN PORTIONS OF REAL
PROPERTY LOCATED SOUTH OF GARNET AVENUE AND
WEST OF INDIAN CANYON DRIVE, MORE
PARTICULARLY DESCRIBED AS ASSESSOR'S PARCEL
NO. 669-100-001, FOR THE INDIAN CANYON DRIVE
WIDENING & BRIDGE REPLACEMENT, CP 01-11,
FEDERAL AID PROJECT NO. BRLO 5282 (017), IN PALM
SPRINGS, RIVERSIDE COUNTY, CALIFORNIA.
WHEREAS, the City of Palm Springs ("City") proposes to acquire permanent right
of way easement, permanent slope easement and temporary construction easement
interests in certain real property identified as Assessor Parcel No. 699-100-001, for the
purpose of constructing the Indian Canyon Drive Widening & Bridge Replacement, City
Project No. 01-11, Federal Aid Project No. BRLO 5282 (017), ("Project"), pursuant to the
authority granted to the City by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City
scheduled a public hearing for Wednesday, May 22, 2019 at 6:00 p.m., in the City of Palm
Springs City Council Chamber, located at 3200 East 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 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 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. 24608
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 Indian Canyon Drive
in Palm Springs, California. Section 37350.5 of the California Government Code
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 a manner that will be
most compatible with the greatest public good and least private
injury;
(c) The easement interests described in Exhibit "A" are necessary for
the proposed project;
(d) The offer required by section 7267.2 of the California Government
Code was made to the property owner.
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 section 1240.510 of the California Code of Civil
Procedure.
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 section
1240.610 of the California Code of Civil Procedure. 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. 24608
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 22ND DAY OF MAY, 2019.
David H. Ready, Esq., Ph
City Manager
ATTEST:
V, L=:� ) r
ony J. ejia,
City Clerk
Resolution No. 24608
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. 24608 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 the 22nd day of May, 2019 by
the following vote:
AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this jc%4— day of , �4i G.
Akth&ny J. M ia, M
City Clerk
ATTACHMENT "A"
FOLLOWS THIS PAGE
EXHIBIT "A"
RIGHT-OF-WAY EASEMENT
AP 669-100-001
THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN
PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE
(FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN
BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE
ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST
128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD
CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED
OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23
FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION
23, SAID WESTERLY LINE ALSO BEING THE CENTER LINE OF SAID INDIAN
CANYON DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00°19'08" WEST
747.79 FEET TO THE TRUE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST
71.01 FEET;
2. THENCE LEAVING SAID PARALLEL LINE NORTH 72°10'42" EAST 27.07 FEET;
3. THENCE NORTH 00019'08" EAST 55.96 FEET;
4. THENCE NORTH 75014'39" WEST 26.56 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 1,633 SQUARE FEET, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY
DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES.
SIGNATURE A12-18-2015
MICHAEL A. HAVENER DATE
PLS 7354
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