HomeMy WebLinkAbout17784 - RESOLUTIONS - 2/5/1992 RESOLUTION 17784
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND DETERMINING
THAT THE PUBLIC INTEREST, CONVENIENCE, AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
REAL PROPERTY FOR PURPOSES OF CONSTRUCTING
ROAD IMPROVEMENTS CONSISTING OF CURBS,
GUTTERS, SIDEWALKS, AND NEW PAVING
WHEREAS, on February 5, 1992, after no less than 15 days
written notice to the owners of property described hereafter ,
as those owners appeared on the last equalized County
assessment roll , and after previous hearings held on November
20, 1991 and January 22, 1992, the City Council of the City
of Palm Springs ( "City Council" ) held a continued hearing for
the purpose of allowing the owners of the property a
reasonable opportunity to appear and be heard on the
following matters :
1, a. Whether the public interest and necessity require
the project;
b. Whether the project is planned or located in a
manner which is most compatible with the greatest
public good and the least private injury; and
C. Whether the property proposed to be acquired is
necessary for the project; and
WHEREAS, after the hearing conducted on January 22, 1992,
City Council continued the matter to allow further
negotiations with the landowners; and
' WHEREAS, said negotiations have not to date resulted in any
signed, finalized agreements for negotiated acquisition of
the properties; and
WHEREAS, the City Council, as a result of said hearing, has
determined that the public health, safety, and welfare
require the City acquisition of those parcels of real
property, more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof, for the
purpose of making road improvements pursuant to Assessment
District No. 157 consisting of curbs,, gutters, sidewalks, and
new paving; and
WHEREAS, the project for which the property to be acquired is
sought has been previously reviewed under applicable
environmental review procedures, and found not to cause any
significant impact on the environment;
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the '
City of Palm Springs does hereby find, determine, and declare 1
based upon the evidence before the City Council, as follows :
Section 1: The properties to be acquired are located
within the City of Palm Springs, County of Riverside, State
of California, located as follows :
a. Pochter. . Right of way on four sides of a generally
square parcel bounded by Ramon Road, Calle Santa
Cruz and Paseo Dorotea, consisting of approximately
38,923.9 square feet.
b. Gerhardt . Right of way along Ramon Road near the
intersection with Avenida Evelita,, consisting of
approximately 1„ 200 square feet.
C. Pipes/Isenberg. Right of way along Ramon Road;
near the intersection with E1 Placer Road,
consisting of approximately 3,646 square feet: .
Said properties are more specifically described in Exhibit A
attached hereto, which is incorporated herein by this ,
reference.
Section 2 : The Public interest and necessity require each
of the projects for which the property is sought, to wit :
Each of the properties sought: consist of necessary
rights of way to construct street improvements
consisting of curbs, gutters, sidewalks, and new paving.
The utility of such improvements requires continuity and
uniformity, in order that drainage, pedestrian
circulation, and street traffic will not suffer
interruption, but rather will be integrated into an
overall system. Landowners within the proposed
Assessment District petitioned for the purpose of
creating such integrated, unified improvements and the
properties subject to this resolution are a vital link
in these improvement systems . In addition, curbing and
other related improvements will enhance traffic safety
on the streets included.
_Section 3 : The projects are located in a manner most
compatible with the greatest public good and the least
private injury, to wit :
a. Public Benefit. All members of the neighborhood,
and of the City generally, will benefit from the
improved drainage, traffic circulation, enhanced
traffic safety, and pedestrian access to be brought
about by this Project.
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Page 3
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b. Private Injury.
1 . Pochter . The land to be taken consists of
surrounding right of way, which will not reduce the
developability of the parcel, and which, under
applicable City standards, may have to be dedicated
in event of a development proposal as a condition
of approval .
2 . Gerhardt . The property taken will require
reconfiguration of the parking lot for the
residential units on this improved parcel, and when
the improvements are completed, the sidewalk and
parking lot will encroach closer to the units,
decreasing privacy and resulting in decreased
` marketability. No units will be lost , and no
relocation is required. The City has offered
appraised severance damages to compensate for these
factors, including an offer to reconfigure the
parking lot. This offered compensation, and the
need to integrate the improvement systems, outweigh
' the minimal private injury.
3 . Pioes/Isenberg. The property taken consists
of right of way, which will not reduce the
-. developability of the parcel, and which, under
applicable City standards, may have to be dedicated
in event of a development proposal, as a condition
of approval.
Section 4: The property to be acquired is necessary for
the projects, to wit :
The property to be taken is necessary for the project
for all the reasons set forth in Section 2, above. The
efficacy of the improvements require integration among
all parcels in the Assessment District and these parcels
are necessary to insure uniformity and continuity.
' Section 5 : The Acquisition of said property has been
submitted to and reported upon to the City Council by the
City of Palm Springs Planning Commission, and has been found
to be consistent with the City' s General Plan, pursuant to
Section 65402 of the California Government Code.
Section 6 : The offers required by Government Code Section
7267 . 2 have been made to the owners of record of the
properties to be acquired, by a services of letters from
October 16, 1990 to October 29, 1991, and the City has made
all reasonable efforts to reach a negotiated acquisition,
including negotiations conducted from the January 22, 1992
hearing date to the date of this Resolution.
Section 7 : The project for which the properties are sought
have been reviewed under applicable environmental
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Page 4 i
regulations, and has been determined not to cause significant
III
adverse environmental impacts, to wits
City Council reviewed and approved an Environmental
Assessment for the project on or about July 17, 1991,
and concluded the project would have no significant �
environmental effects. A notice of determination was
filed with the County on August 5, 1991, and posted
August 9 , 1991. NO additional conditions or
circumstances exist to the projects on these
acquisitions which indicates any further environmental
analysis is necessary or warranted.
Section 8: The City Council of the City of Palm Springs
does hereby declare that it is its intention to acquire said
properties in the City' s name in accordance with the
provisions of the laws Of the United States of America and
the State of California with reference t:o condemnation
procedures .
Section 9 : The law firm of Rutan & Tucker is hereby
authorized and directed to prepare, institute, and prosecute
in the name of the City of Palm Springs such proceedings, in
the proper court having jurisdiction thereof, as may be
necessary for the acquisition of the fee interest to said
property. Said counsel are also authorized and directed to }
obtain any necessary order of the court granting to the City
the right of immediate possession and occupancy of the
property.
Section 10 . The City Clerk of the City Council of the City
of Palm Springs shall certify to the adoption of this
Resolution.
ADOPTED this 5th day of February, 1992 .
AYES: Councilmembers Broich, [lodges, Murawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CITY. PALM SPRI , C LIFOR:NIA
By --r_-- _ -
Cit-y Clerk City Ma
REVIEWED AND APPROVED ,4 —
2;/159/014084-0006/001
-4-
EXHIBIT "All
1
Owner: James Gerhardt Pile Hc. 11-90-059
PO Box 2507 660-041-004
Rancho Mirage, CA 92270 C.P. ►AD 157
Being a portion of Lot 4 as shown on that map entitles➢ "Vista del
Cielo No. 711, a subdivlslon of Lot 5, Section 19, T49, RSC, S.D.U.
6 M. of "Palm Valley Colony Lands" map filed in MB 14, page 652,
San Diego County Records, filed for record October 21, 1946 in MD
21, page 55 Records of Riverside County and being more particularly
described as follows:
r Beginning at the Northwest- corner or Lot 4 of said map;
Thence South 09041'00" East 122.00 feet along the North line of
ti said Lot 4 to the Northeast corner of said Lot 4;
'k Thence South 0002/1511 East 1U,00 feet to a point on a line parallel
with and 10.00 feet distant, measured Southerly at right angles
from the North line of said Lot 4;
u Thence North 99041100" West 122.OU feet along said parallel line to
the West line of said Lot 4;
Thence North 0"0211511 East 10.OU feet to the POINT OF BLGINNING.
i
Along with a 2' wide strip of land for pedestrian and bike
purposes, the northerly line being the southerly line of aforesaid
right of way. ,
c
Exhibit "A"
Page 1 or 6
AVENIDA EVrLI!'A
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RIGHT OF WAY -
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NIGIIT OF WAY ACGUIr1E0 FROM GERIIAR01' UESIGN Un- SCALE, PILE NU
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ALONG IInMON IIOnU FON AO NO 15T cnecnEU Ur, nl111110 eU iUYI SIIEEr N.J.
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Exhibit "A"
' Page 2 of 6
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r EXHIBIT "A"
' Owner! Johanna Pipes File No. R-90-050
Robert C. Isenberg
997 Twin Palms AP No. 600-041-001
Palm Springs, CA 92262 600-041-002
` 609-041-003
CP /AD 157
being a portion of Lots 1, 2 and 3 as shown on that map entitled
"Vista del Clelo" a subdivision of Lot- 5, Section 19. T4S, 115E,
S.O.U. 6 M. Of "Palm Valley Colony Lands" map filed per MD 14, Page
652, San Diego County Records, filed for record March 15, 1946 in
MU 20, Page 06, Records of Riverside County and being more
► particularly described an follows;
Beginning at the Northeast corner of Lot 3 as shown on said map;
'thence South 000013011 West 10.00 feet along the East- line of said
Lot 3 to a point on a line that is parallel with and 10.00 feet
distant Southerly, measured at right angles from the North line of
said Lot 3;
Thence North 11904110011 Went 345.09 feet along said parallel line to
the beginning of a tangent curve concave Southeast and having a
radius of 20.90 feet; ,
Thence Southwesterly along said curve, 31.52 feet, through a
central angle of 9001013011, to a point on the Went line of said Lot
1;
a Thence North 000013011 East along said West line 10.00 feet to the
beginning of a tangent curve concave Southeast and having a radius
or 20.00 feet;
Thence Northeasterly along said curve 31.52 feet through a central
angle of 90010'30" to a point on the North line of said Lot 1;
Thence South 09041100" East 345.59 feet to the Point of Beginning.
Along with a 2' wide strip of land for pedestrian and bike
purposes, the Northerly line being the Southerly line of the
aforesaid right of way,
i
Exhibit "A11
Page 3 of 6
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ALONG IIAKION NQAO FOR AO NO 107' GIIECMEU UP M99,OVEu UYI SIWEr NU.
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ExhVbVC "A"' .
Page '4 of 6
Owner: Leo Pochter rile No. R-90-071
7017 N. Xedzie Ave. , 1110 AP No. 600-071-002
Chicago, IL 60645 CP AD 157
� &HIIIBIT "1"
Legal description of the subject property:
PARCEL 1:
Be fig a portion or Lot 4 In Section 19 as shown on that map
ent1 L'led "Map or Palm Valley Colony Lands, property of the Palm
Valley Land and Water company, being a part- or Township 4 South,
Ranges 4 6 5 East, S.B.M. , San Diego County, California", filed for
record on January 15, 1991 in Map Book 14, Page 652, Records of San
Diego County, and being more Particularly described as follows:
Beginning at the Southwest corner of said Lot 4;
Thence along the South line of said Lot 4 mouth 09043'O011 Cast
641.71 feat to the West line of the 60,00 foot wide Calls Santa
Cruz;
Thence along said West line North 000714511 West 40.16 feet to a
Point of cusp, of a tangent curve concave Northwest and having a
r radius of 20.00 feet;
Thence Southwesterly along said curve 31.5:1 feet through a central
angle of 9001614511 to a point on a line that in parallel with and
25.Oo feet- distant, measured South line of said Lot 4; northerly at right angles, from the
Thence North 09-4110011 West 571.71 feet along said parallel line to
the beginning of a tangent- curve concave Northeast and having a
radius or 20.00 feet;
Thence Northwesterly along said curve 01.20 feet through a central
angle of 99036/09/1 to a point on a line that Is parallel with and
10.00 reet distant, measured easterly at right angles from tl:e West
line of said Lot 4;
Thence along said parallel line North 00051001, West 554.99 reef to
the most southerly Southeast corner of!"PARCEL 111 of that document
recored April 10, 1909, of Instrument No. 121679, Records of
Riverside County;
Thence North 09041/0011 West 10.00 feet to the Southwest corner of
said "Parcel I,,, said point being also ell the West line of said Lot
4;
Thence along maid West line of said Lot 4 South 0"05'00" East,
594.65 feet to the point of beginning.
PARCEL 2:
Ruing it portion of LOU 4 in Section 19 as shown on that map
entitled "Map of Palm Valley Colony Lands, property of the Palm
Valley Land and Water Company, being a part of Township 4 South,
Ranges 4 6 5 East S.B.M. , San Diego County, California," filed for
record on January 15, 1091 In Map Book 14, Page 652, Records of San
Diego county, and being more particularly described as follows:
A to foot wide strip of land, the north line' of which is more
Particularly described as follows:
Beginning at the Northeast corner of Parcel 1 of that document
recorded April 1B, 1909 of Instument• No. 121679 Records of
Riverside County;
Thence South 89041/0011 East, 571.19 feet to the Northwest corner of
parcel 2 of that document recorded April 10, 1909, of Instrument
No, 121679 Records of Riverside county,
Said North line also being the southerly line of the 00 foot Ramon
Road right-of-way.
Exhibit "A"
Page 5 of 6
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Pdye 6 of 6