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HomeMy WebLinkAbout18042 - RESOLUTIONS - 2/17/1993 RESOLUTION NO. 18042 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, A-ffD NECESSITY REQUIRE THE ACQUISITION OF ' REVERSIONARY INTEREST IN THE MCCALLUM TRUST PROPERTY FOR THE PURPOSES OF EXPANDING THE CITY'S PARK AND RECREATION FACILITY. WHEREAS, on February 17, 1993, after no less than 15 days written notice to the owners of property described hereafter, the City Council of the City of Palm Springs ("City Council") held a hearing for the purpose of allowing the owners of the property a reasonable opportunity to appear and be heard on the following matters: (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; (c) Whether the property proposed to be acquired is necessary for the project; (d) Whether the offer is required by Government Code Section 7267.2 had been given; and WHEREAS, the City Council as a result of said hearing has determined that the public health, safety and welfare require the City to acquire the reversionary interest in real property, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of expanding the City's park and recreation facility; and specifically for the purposes of expanding the City's municipal golf course; and WHEREAS, the project for which the property to be acquired is sought has previously been reviewed under applicable environmental review procedures, and has been the subject of environmental assessment for Project 5.0598-CUP, and a negative declaration was reviewed and prepared for the project, finding that the project would not cause any significant environmental impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs, California that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1. The property to be acquired is located within the City of Palm Springs, County of Riverside, State of California, located on the east side of E1 Cielo Road south of Mesquite Avenue, consisting of some 30.29 acres, commonly known as the McCallum Trust Property. The property interest to be acquired is the reversionary interest of the Living Desert, and the property is more specifically described in Exhibit "A" hereto. Section 2. The public interest and necessity require the project for which the property is sought, to wit: The City's proposed general plan now under consideration identifies the property as "park and recreation". The general plan calls for a goal in the City of providing five acres of recreation land I Res. No. 18042 /R(4§.64/G(JJ /�� Page 2 .-o per one thousand population. Currently the City has some 3.1 acres of public park land per every thousand persons in the City. Acquisition of this land will help meet 'the general plans's identified goal. Expansion of the golf course is part of the consolidation of public recreational uses within the area, which is surrounded by the DeMuth Park, the Palm Springs Youth Center, equestrian, biking, and hiking trails, and a current 18-hole golf course. The golf course expansion is a necessary part of the "recreational corridor" concept called for by the general plan, which will connect the park and recreation uses throughout the City, enhancing access to park and recreation opportunities for both residents and visitors. Section 3. The project is located in a manner most compatible with the cireate:st public good and least private injury, to wit: The property is currently vacant, and acquisition will not displace: any persons. The property is irregular in shape, its adjacent to the Tahquitz Creek channel, and portions of the property fall within the 100-yeax- flood zone. The property is burdened by development constraints relating to the accommodation of flood control improvements, and offsite improvements to E1 Cielo Road. The property's private development potential is therefore limited. Conversely, the property lies within close proximity to other recreational uses, and its integration into the City's "recreational corridor" will serve to enhance the entire City's park and recreation system. Section 4. The property to be acquired is necessary for the project, to wit.: The parcel to be acquired is adjacent to the existing golf course, and any expansion of that course must of necessity be on property which is adjacent. Government Code Section 37353 and 40404 authorize the City to exercise eminent domain to acquire the property for golf course purposes. Section 5. The acquisition of this property was submitted to and favorably reported upon to the City Council by the City of Palm Springs Planning Commission, as to conformity with the City's adopted general plan pursuant to Section 65402 of the California Government Code. Such findings were made: by the Planning Commission on October 14„ 1992 , Section 6. The offers required by Government Code Section 7267.2 have been made to the owner of record of the reversionary interest of the property to be acquired, by letter dated November 30, 1992. The City has made all reasonable efforts to reach a negotiated acquisition since that time, but negotiation efforts have not proved successful. Section 7. The project: for which the property is sought has been reviewed under applicable environmental regulations, and has been determined not to cause significant adverse environmental impacts, as evidenced by the initial study/environmental assessment for Case 5.0598-CUP. The City finds no conditions or circumstances exist with respect to the project which have not been adequately analyzed as indicated in that environmental assessment. Res. No. 18042 RhVgW/1 1 Page 3 Section 8. The City Council of the City of Palm Springs does hereby declare that it is its intention to acquire the reversionary interest in such property in the city's name in accordance with the provisions of the laws of the United Stated of America and the State of California with reference to condemnation procedures. Section 9. The law firm of Rutan & Tucker is hereby authorized to 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 property. Said counsel is also authorized and directed to obtain any necessary order of the court granting the City the right of immediate possession and occupancy of the property. ADOPTED this 17th day of February , 1993. AYES: Members Lyons, Hodges, Reller-Spurgin, Schlendorf & Mayor Maryanov NOES: None ABSENT: None ABSTAINED: ATTEST: CITY LM SPRZZORNIA By J City Clerk City Ma ager REVIEWED &APPROVED: d+XA Res 18042 Page 4 File No. R-90-021 ]Page 1 of 2 / d� EXHIBIT "A" �J Description of 30.29 acres on El Cielo Road known as the McCallum Trust property, said property is located in the City of Palm Springs, County of Riverside, State of California: Lots 21, 22 and 23, and the North half of Lot 24 in Section 19, Township 4 South, Range 5 East, San Bernardino Base and Meridian, as shown by Map of PALM VALLEY COLONY LAND on file in Book 14 page 652, of Maps, Records of Riverside County, California; EXCEPTING from said Lots 21, 22 and 23, the following described land: BEGINNING at the Northeast corner of said Lot 21; THENCE South 00 00' 35" West along the Easterly line of said Lot 21, a distance of 1317.77 feet to the Southeast corner thereof; THENCE North 89 51' 00" West along the Southerly line of said Lot 21, a distance of 344.23 feast to a point of intersection with the Southwesterly line of that certain parcel of land shown and delineated as Parcel 6060-144 on Record of Survey, on file in Book 57 pages 3 through 16, inclusive, of Records of Survey, Records of Riverside County, California; THENCE North 56 58' 44" West along said Southwesterly line, a distance of 1998.52 feet to the Westerly line of said Lot 23; THENCE North 0 08' 53" East along said Westerly line, a distance of 236.10 feet to the Northwest comer of said Lot 23; THENCE South 89 45' 51" East along the Northerly line of said Lot 23, 22, and 21, a distance: of 2019.63 feet to the Point of Beginning. RagBPAge � t tit ly N " Y ROAV a Zm.G lmw \ 8a �• l I ;I " In�a JI � I . I . ., �• / r M m d• m� a ! a ? t b^ III, R b O { C 9� 0, • ,/.I I n r t ! Xtl 1 Ly 14 2 Aa{ I I ' d (; '1A�"le I`,' !} 11 i r4 I © C• um r- 00000 LI } m VAI, J, ! CITY" OI= PALM- SPRINGS ti EXHIBIT "All RE^L PROPERTY DIVISION �• I DATE: °�Inolp\"•• FF\G A Z of Z I i 30_ 29 ACRES OA/ f1 CIELO ROAD DESIGN BY: SCALE: FILE NO. IKdOWN AS AIC CALLUM T-Rusr PROPERTY NONE R-70-OZ I CHECKED OYl APPROVED DYl SHEET NO. So6;on /9 T 4.$, R,.f[. $.D.0.0 W OF 'f1