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HomeMy WebLinkAbout18586 - RESOLUTIONS - 4/19/1995 RESOLUTION NO. 18586 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 LOCATED ALONG THE WEST LINE OF SUNRISE WAY AND THE NORTH LINE OF SOUTH PALM CANYON DRIVE TO PERMIT STREET CONSTRUCTION IN SECTION 23. WHEREAS on April 19,1995, 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 detennined 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 widening Sunrise Way and East Palm Canyon Drive intersection; 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 along the North side of East Palm Canyon Drive and running West form Sunrise Way approximately 355 ft., consisting of some 0.05 acres (1976 square feet)., and are 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: Widening Sunrise Way and East Palm Canyon Drive Intersection. The project is mandated by the Circulation Element to the City's General Plan and the City's Zoning Ordinances identifying the Property as a necessary site for such street widening. Completion of the Project is therefore necessary to insure Resolution No. 18586 Page 2 ' implementation of the City's General Plan and consistency of development with applicable zoning. Section 3. The project is located in a manner most compatible with the greatest public good and the least private injury, to wit: The property is located immediately adjacent to East Palm Canyon Drive. The street widening project must be located on the property which is immediately adjacent to the roadway. The project will widen East Palm Canyon Drive/Sunrise Way intersection for construction of traffic turn pockets and additional turning lanes to improve traffic circulation now through the year 2010 (build-out). Because East Palm Canyon Drive is a major thoroughfare in the City, this street improvement may alleviated the traffic flow of the East Palm Canyon Drive/Sunrise Way intersection and will have broad benefits for those who travel East Palm Canyon Drive. The Project has been designed to achieve these public benefits at a minimal incidence of private injury. The property which is the subject of this resolution does not contain any residence or habitable structures, such that taking the property will not result in the displacement of any persons. Construction of the project and ultimate use of the property as a roadway will not impair access to ' the larger parcel. Section 4. The property to be acquired is necessary for the project, to wit: Widening Sunrise Way and East Palm Canyon Drive Intersection. The street widening project 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 May 25, 1994. 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 the Real Property Branch of the County of Riverside General Services Agency between February 15, 1995 and March 16, 1995. The negotiation efforts to reach a negotiated acquisition 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. 5.0641. The project for which the property is required was subject to an environmental assessment which indicated there is no evidence that the project will have any potential for adverse affects on the environment. The Planning Commission adopted a Negative Declaration on its May 25, 1994 meeting. Since that time there have been no changes in the Project which require revisions to the Negative Declaration by involving new significant environmental impact. The property was included as part of the project analyzed in the negative declaration and no new or different property has been added or deleted to the Resolution No. 18586 Page 3 project. No substantial changes have occurred with respect to the circumstances , under which the; project is undertaken implicating any new significant environmental effects not previously analyzed. Further, there is no new information regarding the project, not known at 'the time of the Negative Declaration which indicates ;any new environmental effects, feasibility of any mitigation measures of alternatives previously found not feasible, or indicating new mitigation measures of alteratives. The acquisition of the property for the project is part of the project implementation conlemplated in the previous environmental review, and therefore does not itself constitute a "project" under CEQA Guidelines, Section 15378. Under CEQA Guidelines Section 15162, no additional environmental documentation is required. 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 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 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 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 19th day of_ Apri 1 __. 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov NOES: None ABSENT: Member Hodges ATTEST: CI OF PALM SPR �ALIFORNIA BY — City Clerk y Ma ager REVIEWED &APPROVED:_____ R-93-007 Resolution No. 18586 Pile No. R-93-007 Page 4 Page 1 of 4 Exhibit "A" EXHIBIT *A' EAST PALM CANYON DRIVE - RIGHT-OF-WAY DEDICATION A.P. NO. 508-455-06 ' 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 FOLLOWS: 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"Aid 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 NORTHWESTERLY 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' 30" 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 11' 00" WEST ALONG SAID EAST LINE, A DISTANCE OF 9.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL. CONTAINS 1561 SQUARE FEET, MORE OR LESS. n /ri t. 1 PREPARED FOR AG ON BEHALF OF F� E.P NBS/LOWRY Cot EIYHIBIT "Alf "Resolution No. 18586 P .ge 5 File No. .R-93-007 Page 2 of 4 Exhibit "A" SCALD P' - 501 RANCHO ROYALE TRACT 4,2 rn 25 ll.J?. 20/ 61 &P. NO. 506-455-06 Dr I I ., w , w n L - V) I h 43Lo �1 I UU J +36o Iw �• M _ ..,� (n =I / Iz f�}1 i N 89'37"30" 2 153.92, c7 l L ZL/7 c \� 1 C2 S 89.3717I0" w 1613.93, \� I I N 89.37"30" E: 273.96, I - -- - -r - - - - - -.-_� _ -- - - -- -------•------------- - i EA: PALMG, 1`i`t��� DRIVE I , CURVE DATA _— D R L T t�_89° 26'30" 20.00' 31.22!' 19.81' (z)Igo' 35'00" 20.00' 31.62!' 20.20' Mo. 26,g06 A Pa'si:ripEL J. STE: S �._. DATE I •^• I � OF CAV r�'� � __[i610CI[AS ! 3UGAI[ F9 Ma W. � ,.r — P.T�k 9 , EXHIBIT TT A ai�isaa•mn rnx,a3-txia JL.�'L].1 I BI A I�1 1� IC-6 Resolution No. 18586 File No. R-93-007 Page 6 Page 3 of 4 Exhibit "A" EXHIBIT "A' EAST PALM CANYON DRIVE - RIGHT-OF-WAY DEDICATION A.P. NO. 508-454-06 THAT PORTION OF THE EAST ONE-HALF OF LOT 22, 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 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 20.00 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" EAST A DISTANCE OF 76.08 FEET; THENCE NORTH 450 11' 49" EAST A DISTANCE OF 38.15 FEEL'TO A POINT ON THE EAST LINE OF SAID LOT 22; THENCE SOUTH 00 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 FOR ND ON BEHALF OF N0. NBS/LOWRY E,p.3-31?S ,•` EXHIBIT "All 1 -Resolution No. 18586 Page 7 Pile No. R-93-007 Page 4 of 4 Exhibit "'A" SCALE i" - 50' RANCHO ROYALS TRACT 42 ' M.F. 20/ u1 cn A.P. No. 508-454-06 251 . 25' C> i' LY DDRY. F. I [� LOT 22 Q 0 I 2 I � o I I N I w LLJ � J J e,I S., oo Iw Q U NI •ls.•; I I Z. N ©' '0 2" E o z S 89.37'30" W a3.2o' 0 I � N 39*37'30" E _25Ei,00.__,_----_--�_--- EAST PALM CANYON DRIVE CURVE DATA D R L T t a9" 25'00" 20.00' 31 19.80' �rssiova-'�•� ,{�D ��. �• ST /� n r1o. 26,406 yl� Exp.3-31-96 q MIC9-IAEEL.J. STEARNS DATE a• EEOLEEE ] f L 1L]EfC11-- --- �- 0WI R.A WxyGm1 ]� .••��I GM"