HomeMy WebLinkAbout17985 - RESOLUTIONS - 11/10/1992 Y
RESOLUTION NO. 17985 ,
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING SETTLEMENT
OF EMINENT DOMAIN ACIOA JF01Z ACQUISITION
OF CERTAIN REAL PROPERTY FOR THE PURPOSE
OF CONSTRUCTING A RETENT11ON BASIN, ROAD
WIDENING,PROVIDING TRAFFIC SIGNALIZATION.
WHEREAS, on or about May '7, 1991, the City of Palm Springs, initiated an eminent
domain action to acquire certain property, generally located near the intersection of
Farrell Road and Vista Chino Avenue, for the purposes of constructing, a flood control
retention basin, and for providing certain rights-of-way for roadway and traffic
signalization improvements; and
WHEREAS, said property is held by the United States of America in trust for individual
Indian Allottee, Mr. Anthony Albert Welmas; and
WHEREAS, after negotiation, the parties have agreed to a settlement of the action, '
whereby the City will acquire certain property, generally located at the intersection of
Interstate 10 and Highway I11, and transfer suclii property to United States of America
in exchange for the property taken in eminent domain, in addition to certain other
compensation; and
WHEREAS, the parties have deemed that it is in their mutual best interest to settle the
litigation short of trial, and to effectuate this purpose the City has prepared various
documents, including an Agreement for Settlement of Just Compensation Claims and ,
Eminent Domain (Exhibit "A"), a Stipulation for Final Order of Condemnation (Exhibit
"B"), a .Judgment in Condemnation (Exhibit "C"), and a Final Order in Condemnation
(Exhibit "D"), on file with the City Clerk:, and
WHEREAS, City Council has reviewed the documentation, and reviewed the material
points of the transaction; and
WHEREAS, Council now wishes to officially express its approval for settlement of the
condemnation action on the terms as generally set forth in documents referred to as
Exhibits "A" through "D" on file with the City Clerk.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs as follows: ,
Section 1. City Council hereby approves settlement of the eminent domain action
referenced above, on the terms as generally set forth in the documents
referred to as Exhibits "A" through "D" on file with the City Clerk.
Section 2. The City Attorney is authorized to make such modifications to the
documents as may be required to effectuate and complete the transaction.
Section 3. That James Stuart, doing business as Group One Services, is hereby '
appointed and approved as the City's agent of record for this transaction
and shall be compensated S% of the sum paid four the subject land.
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Resolution No. 17985
Page 2 f �'
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Section 4. That the City Manager and City Clerk are hereby authorized to sign all
documents on a form approved by the City Attorney, on behalf of the City
of Palm Springs necessary to consummate the acquisition of the said land.
Section 5. That the City Clerk is hereby authorized to accept the deed and arrange
for it to be recorded in the County Recorders office on behalf of the City
of Palm Springs.
,
ADOPTED this 10th day of November 1992.
AYES: Councilmembers Hodges, Lyons, Resler, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CIT OF PALM SPRI S tIFORNIA
City Clerk City Man er
REVIEWED&APPROVED:
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