HomeMy WebLinkAbout25260RESOLUTION NO. 25260
' RESOLUTION OF NECESSITY OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS FOR THE
ACQUISITION BY EMINENT DOMAIN OF A PERMANENT
NON-EXCLUSIVE EASEMENT INTEREST IN A PORTION
OF CERTAIN REAL PROPERTY LOCATED IN PALM
SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AND
MORE PARTICULARLY DESCRIBED AS ASSESSOR
PARCEL NO. 513-144-012, FOR THE PLAZA THEATRE
RESTORATION PROJECT
WHEREAS, the City of Palm Springs ("City') proposes to acquire a permanent non-
exclusive easement interest in a portion of certain real property identified as Assessor
Parcel No. 513-144-012, for the Plaza Theatre Restoration Project ("Project'), pursuant
to the authority granted to the City by Section 37350.5 of the California Government
Code; and
0
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the
City scheduled a public hearing for November 21, 2024 at 5:30 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 Section 1240.030 of the California Code of Civil Procedure;.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 Section
1240.040 of the California Code of Civil Procedure.
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.
SECTION 2. Public Use. The public use for which the real property interest is to be
acquired is for the Plaza Theatre Restoration Project, in the City of Palm Springs,
' Riverside County, California. Section 37350.5 of the California Government Code
Resolution No. 25260
Page 2
authorizes the City to acquire by eminent domain real property necessary for such I
purposes.
SECTION 3. Description of Property. Attached and marked as Exhibit "A" are the
legal definition, 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 interest described in Exhibit "A" is 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 may be 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 may be 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.
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.
Resolution No. 25260
Page 3
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.
SECTION 8. Effective Date. This Resolution shall take effect immediately upon adoption.
ADOPTED THIS 21ST DAY OF NOVEMBER 2024.
ATTEST:
eol� —
Brenda Pree, City Clerk
FJ
Scott C. Stiles, City Manager
Resolution No. 25260
Page 4
fl
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 25260 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 November 21, 2024, by the following
vote:
AYES: Councilmembers Garner, Middleton, Mayor Pro Tern deHarte, and Mayor
Bernstein
NOES: None
ABSENT: Councilmember Holstege
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto et my han and affixed the official seal of
the City of Palm Springs, California, this day of r 2024. '
A tgLe'
Brenda Pr e, MMC, CERA, City Clerk
City of Palm Springs, California
EXHIBIT "K
[TO BE INSERTED ON FOLLOWING PAGE]
Resolution No. 25260
Page 6
I EXHIBIT A
Resolution No. 25260
Page 7
Legal Definitions of Property to be Acquired '
The following is the definition of legal rights to be acquired by the City of Palm Springs
("City") for its proposed Plaza Theatre Restoration Project ("Project"):
As to Assessor Parcel Number 513-144-012 (the "Burdened Parcel")
"Permanent Easement" refers to a non-exclusive permanent easement in favor of the City
and to its successors, and assigns, with the right to forever construct, maintain, improve, alter,
relocate, inspect, occupy, and use for the purpose of providing safe, code -compliant ingress and
egress to and from the adjacent property, currently referred to as the Plaza Theatre and known as
Assessor Parcel number 513-144-010 (the "Benefited Parcel"), including the right to use the
Permanent Easement area for gathering, staging, holding events, hosting VIP reception areas,
conducting special events, and any other related or accessory uses that may be deemed by the City
to be necessary or convenient for the operation or use of the Benefited Parcel and other public
uses, as determined necessary or convenient by the City together with all necessary rights
incidental thereto, on, over, under, and across the Permanent Easement area in connection with the
exercise of any easement rights described herein.
The owner, its lessees, assigns and successors may not erect or construct, or permit to be
erected or constructed, any building, structure or improvement on, over, or under any portion of
the Permanent Easement, or plant trees or any other vegetation on any portion of the Permanent
Easement except with the prior written consent of the City or its successors and assigns. '
The owner, its lessees, assigns and successors may not place or permit or cause to be placed
any furniture, fixtures or equipment on, in, over, under or across the Permanent Easement area if
the placement of such items interferes with the City's purpose and use of the Permanent Easement.
The City has the right to clean, trim, cut or clear away any trees, brush, or other vegetation
from time to time as determined in its sole discretion, without payment of additional compensation.
The City has the right to remove, clean or clear away and dispose of any items, fixtures or
equipment located in the Permanent Easement area as determined in its sole discretion, without
payment of additional compensation.
No other easements, licenses, or rights of way may be granted on, under or over the
Permanent Easement area without the prior written consent of the City or its successors and
assigns.
The owner, its lessees, assigns and successors shall not cause, directly, indirectly or
negligently, any interference with or harm to the rights conveyed hereunder.
The owner, its lessees, assigns and successors will not allow any change in surface or
subsurface conditions including but not limited to placing fences, trees, walls, buildings, structures
earth fills, excavations, construction of loading surcharge on or over the Permanent Easement area
without prior written approval of the City.
The owner, its lessees, assigns and successors shall not cause, directly, indirectly or
negligently, any interference with or harm to the rights conveyed hereunder.
55575.3827M42896299.1
Resolution No. 25260
Page 8
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® PROPOSED EASEMENT FOR INGRESS AND EGRESS PURPOSES, IN FAVOR OF THE CITY OF PALM
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CITY OF PALM SPRINGS EXHIBIT
APN: 513-1 "-012
PROPOSED EASEMENT DIMENSIONING
A PORTION OF BLOCK 27, MAPS OF PALM
SPRINGS, RECORDED IN BOOK 9 AT PAGE 432,
RECORDS OF SAN DIEGO COUNTY, CALIFORNIA