HomeMy WebLinkAbout18267 - RESOLUTIONS - 1/5/1994 RESOLUTION NO. 18267
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 1?0R PURPOSES OF
PROVIDING TRAFFIC SIGNALIZATION
AND All USES APPURTENANT
THERETO IN SECTION 2, SECTION 3,
SECTION 34 AND SECTION 35 .
WHEREAS on January 5 1994 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, 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; and ,
C. Whether the property proposed to be acquired is necessary for the project; and
D. Whether the offers 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 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 providing traffic signalization, and to devote to other related purposes; and
WHEREAS, the project for which the property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, and found not to cause any
significant environmental impact on the environment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE; CITY OF
PALM SPRINGS that the City Council does hereby find, determine, and declare based upon the
evidence presented to 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 at the Northeast corner,
the Northwest corner and Southwest corner of ]Indian Canyon Drive and '
San Rafael Road, consisting of some .704 acres or 30,648 sq. ft. for
traffic signalization, and are more specifically described in Exhibit "A"
hereto.
Scction 2. The public interest and necessity require the project for which the property
is sought, to wit:
vt�3
Resolution No. 18267
Page 2
' Sienalization of Indian Canyon Drive and San Rafael Road. The City of
Palm Springs has adopted a Master Plan of Traffic Signals. As a part of
that plan, the intersection at Indian Canyon Drive and San Rafael Road
must be signalized to accommodate additional projected traffic and
maintain circulation goals stated for traffic in the General Plan. The City
engineer estimates utilization of another traffic control method, stop signs,
could, in peak use times, result in traffic backup on Indian of one-half to
three quarters of a mile, because of traffic volumes. The project is
therefore necessary to maintain consistency with the City's General Plan.
Section 3. The project is located in a manner most compatible with the greatest
public good and the least private injury, to wit:
The intersection of Indian and San Rafael has been the site of numerous
traffic fatalities. The proposed signalization is designed to provide an
added measure of safety for the estimated 17,000 vehicles using Indian per
day, and the estimated 4,000 vehicles using San Rafael. The degree of
private injury is minimal because the part taken on each of the affected
parcels is immediately adjacent to the existing improved right of way, and
is unimproved with any residence or other structure. Use of the property
which is the subject of this resolution will therefore not result in relocation
or displacement of any person or business in a lawful occupation of the
property.
Section 4. The property to be acquired is necessary for the project, to wit:
Sienalization of Indian Canyon Drive and San Rafael Road. The
signalization requires reconfiguration of the intersection, which cannot be
accomplished without a right-of-way over the property to be acquired.
The property to be taken is adjacent to the existing improved right of way,
and of necessity must be taken to expand the existing improved street.
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 March 24, 1993.
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 letters dated
from November 19, 1993, to December 1993 . The City has made all
' reasonable efforts to reach a negotiated acquisition, 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 No. 5.0632. The City
finds no conditions or circumstances exist with respect to the project
Resolution No. 18267
Page 3
which has not been adequately analyzed as indicated in that document.
The City further finds that there are no changes to the project which
require revisions to the negative declaration by involving any new
significant environmental impacts, because the project has not been
changed from that described in the environmental assessment for Case No.
5.0632. No substantial changes have occurred with respect to the
circumstances under which the project is undertaken implicating any new
significant environmental effects nor previously analyzed. There is no
new information regarding alternatives, new ,mitigation measures nor
feasibility of feasibility of previously analyzed mitigation measures
analyzed in Case No, 5.0632.
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 C'.ity's name in accordance
with the provisions of the laws of the United States of America and the
State of California with reference to Condemnation Procedure.
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 Pahn 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 ,
Council are 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.
Section 10. The City Clerk of the City of Palm Springs shall certify to the adoption
of this Resolution.
ADOPTED this 5th day of January 1994.
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY F PALM S. LIFOI2NIA
By
City Clerk i� an ger
REVIEWED & APPROVED:
R-89-069
R-89-069
E)ffi IT "A"
Page i of 3
PARCEL 1 a-e q
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 34 , T-3-S, R-4-E, SAN
BERNARDINO BASE MERIDIAN IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA AS RECORDED IN BOOK 18 AT PAGE 77 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE
EASTERLY LINE OF SAID SECTION 34 BEING THE CENTERLINE OF INDIAN
CANYON DRIVE, 60. 00 FEET WIDE, HAVING A BEARING OF SOUTH 0008140"
WEST;
THENCE, WESTERLY ALONG THE SOUTHERLY ]LINE OF SAID SECTION, NORTH
89045100" WEST 30. 00 FEET, TO A LINE PARALLEL WITH AND 30. 00 FEET
DISTANT FROM SAID PREVIOUSLY MENTIONED CENTERLINE OF INDIAN CANYON
DRIVE, SAID SOUTHERLY LINE BEING THE NORTHERLY RIGHT OF WAY LINE OF
SAN RAFAEL ROAD, 40. 00 FEET WIDE, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE NORTH 0008'40" EAST, A
DISTANCE OF 105. 50 FEET;
THENCE, AT RIGHT ANGLES, NORTH 89051'20" WEST, 20. 00 FEET TO A LINE
PARALLEL WITH AND 50 . 00 FEET DISTANT WESTERLY OF SAID CENTERLINE OF
INDIAN CANYON DRIVE;
THENCE, AT RIGHT ANGLES ALONG SAID PARALLEL LINE SOUTH 0008 '40"
WEST, A DISTANCE OF 36 . 42 FEET TO THE POINT OF TANGENCY WITH A
CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25. 00 FEET;
THENCE, SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 39 . 32 FEET
THRU A CENTRAL ANGLE OF 90006'20" TO THE POINT OF TANGENCY WITH A
LINE PARALLEL WITH AND 44 . 00 FEET DISTANT NORTHERLY OF SAID
SOUTHERLY LINE OF SECTION 34 ;
THENCE, WESTERLY ALONG SAID PARALLEL LINE NORTH 89045' 00" WEST,
144 . 87 FEET;
THENCE, AT RIGHT ANGLES SOUTH 00015'00" WEST, A DISTANCE OF 44 . 00
FEET TO THE SOUTHERLY LINE OF SECTION 34 ;
THENCE, AT RIGHT ANGLES EASTERLY ALONG SAID SOUTHERLY LINE SOUTH
89045"00" EAST 190. 00 FEET, TO THE TRUE POINT OF BEGINNING.
��QAOFESS/pNgl
APPROVED B `jpNN ROCS Fy
O T J OCKET' JR.
C/'TY ENGINEER �'
rya. es2co �' A
fil/�•3/-94
�'�4T CI V ll- tq`t
F OF CAll, QQ
C.P. #91-15
' 09/20/93
DMP:md
EXHIBIT "A"
R-89-069
EXHIBIT "A"
Page 2 of 3
PARCEL 2
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 35, T-3-S, R-4-E, SAN
BERNARDINO BASE MERIDIAN IN THE CITY OF PALM; SPRINGS , COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA AS RECORDED IN BOOK 18 AT PAGE 77 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TI(E
WESTERLY LINE OF SAID SECTION 35 BEING THE CENTERLINE OF INDIAN
CANYON DRIVE, 60. 00 FEET WIDE„ HAVING A BEARING OF SOUTH 0008 '40"
WEST;
THENCE, EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION, SOUTH
69056' 50"" EAST TO .A LINE PARALLEL WITH AND 30 . 00 FEET DISTANT
EASTERLY OF SAID PREVIOUSLY MENTIONED WESTERLY ]LINE, SAID SOUTHERLY
LI14E BEING THE NORTHERLY RIGIIT OF WAY LINE OF SAN RAFAEL ROAD,
44 . 00 FEET WIDE, SAID POINT BEING THE TRUE POINT OF BEG'.INNING;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE NORTH 0008' 40" EAST, A
DISTANCE OF 206. 07 FEET;
THENCE, AT RIGHT ANGLES SOUTH 89051'20" EAST, A DISTANCE OF 20 . 00
FEET TO A LINE PARALLEL WITH AND 50. 00 FEET DISTANT.' EASTERLY OF
SAID CENTERLINE OF INDIAN CANYON DRIVE;
THENCE, AT RIGIIT ANGLES ALONG SAID PARALLEL LINE SOUTH 0009, 40"
WEST, A DISTANCE OF 137 . 00 FEET TO THE POINT OF TANGENCY WITH A
CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25 . 00 FEET;
THENCE, SOUTHEASTERLY ALONG SAID CURVE A DISTANCE OF 39 . 31 FEET
THRU A CENTRAL ANGLE OF 90005' 30" TO THE POINT OF TANGENCY WITH A
LINE PARALLEL WITH AND 44 . 00 FEET DISTANT NORTHERLY OF SAID
SOUTHERLY LINE OF SECTION 35;
THENCE, EASTERLY ALONG SAID PARALLED LINE SOUTH 89056 ' 50" EAST,
330. 00 FEET;
THENCE, AT RIGHT ANGLES SOUTH 0003 ' 10" WEST, 44 . 00 FEET TO A POINT
ON SAID SOUTHERLY LINE OF SECTION 35;
THENCE, AT RIGHT ANGLES WESTERLY ALONG SAID SOUTHERLY LINE, NORTH
69056'50" WEST, 375 . 11 FEET TO THE TRUE POINT OF BEGINNING.
�<4, „ONEl
Y �� << Q1•� RpCAPPROVED B OCKETT, iJR.�0 R CITY ENGIAIEER j� �
Plo. 2820��
�YY
E �jFFC�`�O
C.P. #91-15 '
09/20/93
DMP:ind EXHIBIT "A"
R-89-069
EXHIBIT "A"
Page 3 of 3 r
PARCEL 3 a•* Ce
BEGINNING AT THE NORT14EAST CORNER OF SECTION 3 , T-4-S, R-4-E, SAN
BERNARDINO BASE MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA AS RECORDED IN BOOK 18 AT PAGE 77 OF
' MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE, SOUTHERLY ALONG THE EASTERLY LINE OF SAID SECTION. 3 , SOUTH
0013 '00" WEST, A DISTANCE OF 68 . 96 FEET., SAID EASTERLY LINE ALSO
BEING THE CENTERLINE OF INDIAN CANYON DRIVE, 90. 00 FEET WIDE;
THENCE, AT RIGHT ANGLES NORTH 89047100" WEST, 40. 00 FEET TO A LINT:
PARALLEL WITH AND 40 . 00 FEET DISTANT WESTERLY FROM SAID EASTERLY
LINE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE, AT RIGHT ANGLES AND NORTHERLY ALONG SAID PARALLEL LINE
NORTH 00013 ' 00" EAST, 8 . 98 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 20. 00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE A DISTANCE OF 31 . 40 FEET
THRU A CENTRAL ANGLE OF 89058' 00" TO A LINE PARALLEL WITH AND 40. 00
FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID SECTION 3 ,
SAID LINE BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAN RAFAEL ROAD,
40 . 00 FEET WIDE, AND HAVING A BEARING OF NORTH 89045' 00" WEST;
THENCE, CONTINUING WESTERLY ALONG SAID TANGENT LINE NORTH 89045100"
WEST, 14 . 98 FEET;
THENCE, AT RIGHT ANGLES AND SOUTHERLY SOUTH 00015100" WEST, 4 . 00
FEET TO A LINE PARALLEL WITH AND 44 . 00 FEET DISTANT SOUTHERLY FROM
' SAID PREVIOUSLY MENTIONED NORTHERLY LINE OF SECTION 3 , SAID POINT
ALSO BEING THE WESTERLY TERMINUS OF A NONTANGENT CURVE, CONCAVE TO
THE SOUTHWEST AND HAVING A RADIUS OF 25 . 00 FEET, A RADIAL THRU SAID
POINT BEARS SOUTH 00015100" WEST;
THENCE, SOUTHEASTERLY ALONG SAID CURVE 39,. 26 FEET THRU A CENTRAL
ANGLE OF 89058' 00" TO THE SOUTHERLY TERMINUS OF SAID CURVE, THROUGH
WHICH A RADIAL OF SAID CURVE BEARS SOUTH 89047 ' 00" EAST;
THENCE, CONTINUING EASTERLY ALONG THE PROLONGATION OF SAID LAST
MENTIONED RADIAL LINE SOUTH 89047 ' 00" EAST, 10 . 00 FEET TO THE TRUE
POINT OF BEGINNING.
�Q QROFESS/pya`
APPROVED BY: Rpp� +^�
IjO RT ROCKETT, JR. �$`' <
'CITY ENGINEER w o +
NO. 28209 `" 70
T} F.C/S/J/f4
'qr O/V1\- SNP
F OF CAO1
C.P. #91-15
09/23/93
DMP:md EXHIBIT "A"
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BASIS OF BEARINGS-- �5 E
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BEARINGS ARE DERIVED FROM rL OF INDIAN CANYON DR AS I o
SHOWN IN BK. 18, PG.77 OF MAPS. 1
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