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Home My WebLink About18573 - RESOLUTIONS - 3/15/1995 RESOLUTION NO. 18573 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS. RIGHT OF WAY IN SECTION 23. WHEREAS the City of Palm Springs California leas been actively engaged in the acquisition Of right-of- way located along the North side of Easi Palm Canyon Drive, West of Sunrise Way, in Section 23, for construction and widening of the Sunrise Way and East Palm Canyon Drive intersection; and WHEREAS the property owners have not agreed to grant the needed eight-of-way; and WHEREAS roughly 80% of construction and right of way acquisitionrs to be funded from the ROTC Highway 111 Corridor fund; and WHEREAS if the right-of-way for this project is not acquired by agreement on or before April I'), 1995, legal action will be necessary in order to obtain legal possession of the needed right-of-way by June 30, 1995 so that construction contracts can be awarded prior to duly 1, 1995. If not awarded by that dale Measure "A" finding for the project will be lost; and WHEREAS as a result legal action is required to obtain legal possessior:: of the right-of-way to meet the project time line and the City is desirous in setting a time and place for a public hearing on the necessity of acquiring the needed right-of-way not yet acquired by eminent domain. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: Section 1. That the above citations are all true and correct. Section 2. That the certain right-of-way the City desires to acquire for the widening of the intersection of Sunrise Way and East Palm Canyon Drive is described and shown in Exhibit "A" attached hereto and made a part hereof. Section 3. That notice is hereby given that on Wednesday, April 19, 1995, at the hour of 7:00 p.m., in the City Council Chambers, al 3200 East Taliquitz Canyon Way, Palm Springs, any and all persons whose land is to be acquired for right-of-way will have an opportunity to appear and be heard on the matter of the necessity to exercise the right of eminent domain to acquire right-of-way necessary for widening and improving the intersection of Sunrise Way and East Palm Canyon Drive. All persons objecting to the public interest and necessity for the project and the determination as to whether or not the project 'is planned and/or located in a manner which will be most compatible with the greatest public good and the necessity for the right-of-way to be acquired should be present at said time and place if they wish to be heard. Iraihire to present your objections in person or in wr iting shall be a waiver of same pursuant to Section 1245.23.5 of the Code of Civil Procedure. Section 4. Staff is hereby directed to notice the property owners concerning adoption of a Resolution of Necessity as required by Code of Civil Procedure, Sections 1240.031) and 1245.23.5. ADOPTED this 15 th day of March 1R95. ' AYES: Members Hodges, Kleinclienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: None ATTEST_ if E AL .I r S, CALIFORNIA By City Cleric City !anager REVIEWED 2& APPROVED: (/v° yl/• P" File No. R 93-007 Page 3 of 4 Exhibit "A`° EYHIBIT"A" EAST PALM CANYON DRIVE - RIGHT-OF-WAY DEDBCATION A.P. NO. 508-454-06 THAT PORTION OF THE EAST ONE-HALF OF LOT 22, RANCHO ROYALE TRACT d1`2, AS PER ' MAP RECORDED IN BOOK 20, PAGE 61 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 22, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20A0 FEET, AS SHOWN BY SAID RANCHO ROYALE TRACT #2, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 25' 00"AN ARC DISTANCE OF 31.21 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 890 37' 30" WEST ALONG SAID SOUTH LINE A DISTANCE OF 83.20 FEET TO THE SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 22; THENCE NORTH 880 00' 52' EASY A DISTANCE OF 76.08 FEET; THENCE NORTH 45° 11' 49" EAST A DISTANCE OF 38.15 FEET TO A POINT ON THE EAST LINE OF SAID LOT 22; THENCE SOUTH 0° 12' 30" WEST ALONG SAID EAST LINE A DISTANCE OF 9.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 415 SQUARE FEET, MORE OR LESS. PREPARED FOA ND ON BEHALF OF 1�0•23,4r NBS/1_OWRY k� Esp.331-35 `'•', EXHIB1r1" "Al' sA69 He Nc— R-93-007 Page 4 cue 4 Eidiffift eP SCAJ-E: 9" 6EP RAI�IC:H0 ROYALS 'T'FZAcT x'2 ' 1'v4.t?. 2 C! 51 as, &P. ivo. 508-454-UG I -� I 'PLY SOR'Y, E. 25, C) C %x LOT 2:2 I Of I � n_ 9 LiJ I E d.tl.J I EAST PALM CNAYON DRIVE CURVE DATA ! s ' � 1 —L e '0.00' d 31.21 19.80' 1 rr 9 V, 3. STr _ •.m,�+.Alt��-- ��"l i''tr__ .p �S:p.3-31-96 b C� MICH EL J. STEAf�PlS— DAM t CiY� ■a+yy♦ ¢ 5� fPCl / [[ 113 [ C!, F CO �INFA4 ''�: Ti.F�eL�..�.�1 fa�Y.�',•—�i�.6 e.Rpvn Avl� - fA.RPA'Ilal — I' Ii3L7 G F]3ld IC.dLT C�4 Ciab .,�...�._.......-...,�_._.........„-...�.,.,._R_�-._._...,..=.wvas�a-n'a very_sx...��.,.,...�._.e_,.......,.._„_..._..._.... �.;1:� I�.T TA B,-.(..,..,.,.._.�.-...._..(f^l—._.......^....._..� 3 L File No. R-93-007 Page I Of 4" Exhibit "A" EXHIBrr"A" EAST PALM CANYON DRIVE- RIGHT-OF-IMAY DEDICATION A.P. NO. 509-455-0G ' THAT PORTION OF LOT 43 OF RANCHO ROYALE TRACT #2, AS PER MAP RECORDED IN BOOK 20, PAGE 61 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOU-OWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 43, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET,AS SHOWN BY SAID RANCHO ROYALE TRACT #2, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 26' 30'AN ARC DISTANCE OF 31.22 FEET;TO A POINT ON THE SOUTH LINE OF SAID LOT 43; THENCE SOUTH 890 37' 30" WEST ALONG SAID SOUTH LINE A DISTANCE OF 168.93 FEET TO THE BEGINNING OF A CURVE CONCAVE. NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET, THENCE NORTHWESTERL'f ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 35'00"AN ARC DISTANCE OF 31.62 FEET TO A POINT ON THE WEST LINE OF SAID LOT 43;THENCE NORTH 00 12'30'EAST ALONG SAID WEST LINE OF LOT 43,A DISTANCE OF 10.08 FEET; THENCE SOUTH 480 17' 25" EAST, A DISTANCE 37.73 FEET; THENCE NORTH 890 ' 37' 311" EAST ALONG A LINE PARALLEL WITH AND 10.00 FEET NORTH, MEASURED AT RIGHT ANGLES, OF THE SOUTH LINE OF SAID LOT 43,A DISTANCE OF 153.92 FEET;THENCE NORTH 470 07' 42" EAST A DISTANCE OF 36.62 FEET TO A POINT ON THE EAST LINE OF SAID LOT 43; THENCE SOUTH 00 1V 00" WEST ALONG SAID EAST LINE, A DISTANCE OF 9.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1561 SOUARE FEET, MORE OR LESS. PREPARED OR AQ ON BEHA6F OFNBS �i E,� t-•3 f� Jl� /LQWRY �i',,�`��Jam`.•<�T.%�/ /III �o c1 File No. R-93-007 Page 2 Lf 4 Exhibit "A" 1 R,�INC:➢ O RO ALA TRACT �- A.P. No. 508-1155-06 I I o xul gFjA Q 7 i p �1 ° f I N 59'37"30" I: . 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