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Home My WebLink About19062 - RESOLUTIONS - 7/2/1997 RESOLUTION NO. 19062 OF THE CITY COUNCIL OF THE CITY OF PALM. SPRINGS, CALIFORNIA, FINDING THE PUBLIC INTEREST AND CONVENIENCE REQUIRE SUBSTITUTION OF CERTAIN REAL PROPERTY BETWEEN THE CITY OF PALM[SPRINGS, VEHICLE PARKING DISTRICT NO. 1, AND THAT THE ' COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AND ALL LANDS WITHIN VEHICLE PARKING DISTRICT:' NO. 1 WOULD BE BENEFITED BY SAID SUBSTITUTION IN SUBSTANTIALLY THE SAME PROPORTION AS SUCH LANDS WERE BENEFITED BY THE OLD PROPERTY; AND ADOPTING THIS RESOLUTION IMPLEMENTING SAID SUBSTITUTION WHEREAS, following the conclusion of a duly noticed public:hearing conducted on July 2, 1997, at 7:00 p.m. at 3200 E. Tahquitz Canyon Way, Palm Springs, California, in the Council Chambers, the City Council of the City of Palm Springs considered evidence and testimony with regard to Resolution No. 19042, approved by the City Council on June 4, 1997. WHEREAS, Resolution No. 19042 proposes the substitution of certain ;real property described at Exhibit "B", attached hereto and made a part hereof, and referred to as the "City Parcel", owned by the City of Palm Springs ("City"), which was transferred to the Vehicle Parking District No. 1, pursuant to Ordinance of Intention No. 801, dated October 23, 1967, should be conveyed to the Community Redevelopment Agency of the City of Palm Springs ("Agency"), and that certain real property described at Exhibit "B", attached hereto and made a pail hereof, and referred to as the "Agency Parcel", should be conveyed from the Agency to the City, for its subsequent conveyance to the owner of property adjacent to the City Parcel, ' wherein the Las Casuelas Terraza Restaurant is erected, for the improvement and expansion of the restaurant. WHEREAS, having considered the proposed substitution, and receiving no objection to said substitution by any person duly noticed within the district comprising Vehicle Parking District No.1; WHEREAS, based on the acquisition of the City Parcel by the Agency for its subsequent conveyance and beneficial use and improvement by the owner of the Ias Casuelas Terraza Restaurant, and the acquisition by the City of the Agency Parcel for use as a public parking facility for the City, the public interest and convenience require the substitution; WHEREAS, based on the acquisition of the City Parcel by the;Agency for its subsequent conveyance and beneficial use and,improvement by the owner of the Las Casuelas Terraza Restaurant, and the acquisition by the City of the Agency Parcel for use as a public parking facility for the City, all of the lands within the district comprising Vehicle Parking District No. 1 will be benefited by the substituted acquisition or acquisition and improvement in substantially the same degree and in substantially the same proportion as said lands were benefited by the old property, WHEREAS, having considered that the approximate current fair market value of the City ' Parcel is one hundred one thousand seven hundred ninety dollars ($101,790.00), the fair market value of the Agency Parcel is thirty nine thousand two hundred and fifty dollars ($39,250.00), and the balance of sixty two thousand five hundred and forty dollars ($62,540.00) is to be transferred to the City, representing the difference in the valuation of the parcels, 6271014o84-000613033552.1 406/25/97 4- Res No. 19062 Pg. 2 WH +REAS, On or about May 29, 1997, the City Council submitted to the Board of Parking Place Commissioners for Vehicle Parking District No. 1 ("Board"), pursuant to California Streets & Highways Code § 31911, and having received no report and recommendation from the Board within 30 days thereof, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Patin ' Springs as follows: Seclion 1 The above recitals are all true and correct. Section 2. After consideration of the staff report and all of the information, documents, evidence and testimony, both oral and written, presented at the public hearing, the City Council, by four-fifths vote, hereby specifically finds and determines as follows: A. The public interest and convenience require the substitution. B. All of the lands within the district comprising Vehicle Parking District No. 1 will be benefited by the substituted acquisition or acquisition and improvement in substantially the same degree and in substantially the same proportion as said lands were benefited by the old property, C. Notice of the July 2, 1997 hearing to consider the substitution was duly made, pursuant to California Streets & Highways Code § 31915; D. No objection to the substitution was received by any person duly ' noticed within the district comprising Vehicle Parking District No.1; E. The City Council did not receive any report and recommendation from the Board within 30 days of the City's submission of Proposed Resolution No. 19042 to the Board, pursuant to California Streets & Highways Code § 31911, F. The estimated fair market value of the City Parcel and Agency Parcel, after the payment to the City of a balance of sixty two thousand five hundred and forty dollars ($62,540.00), are equivalent. Section 3. The City Council adopts the proposed substitution pursuant to Resolution No. 19042, and the City Parcel, owned by the City, shall be conveyed to the Agency, and that the Agency Parcel, shall be conveyed from the Agency to the City, for its subsequent conveyance to the owner of property adjacent to the City Parcel, wherein the Las Casuelas Terraza Restaurant is erected, for the improvement and expansion of the restaurant. 627/014084-0"/3083552.1 a05/25/97 -2- Res No. 19062 pg. 3 ADOPTED, SIGNED AND APPROVED this 2 day of July, 1997. AYDa�. . Members Barnes, Hodges, 0den, Spurgin and Mayor Kleindienst NOBS: one None ASSENT: ATTEST: CITY C? il'I GS, CALIFORNIA ' Sy_-__ C _ _ City-Clerk y City Manage REVIEWED AND APPROVED AS TO FOP.M G) 627/0140840006/3083552.1 A06125197 -3- Res. No. 19062 Page 4 EXHIBIT "A" DESCRIPTION OF PROPERTY - CITY PARCEL ' 1. The City Parcel to be conveyed by the City to the Agency is legally described as follows: BEING A PORTION OF LOT 3, IN BLOCK 28 OF PALM SPRINGS, IN BOOK 9, PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 3, NORTH 89o50'OO" EAST A DISTANCE OF 114.00 FEET; THENCE SOUTH 00o08100" EAST PARALLEL WITH THE WEST LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET; THENCE SOUTH I1o00'47" WEST A DISTANCE OF 20.39 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 89050'00" WEST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 95.25 FEET TO THE SOUTHWEST COR1,ER OF SAID LOT 3; THENCE NORTH 00o08'00" WEST ALONG THE WEST LINE OF SAID LOT 3 A DISTANCE OF 50.00 TO THE TRUE POINT OF BEGINNING. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS TO ALL EASEMENTS, ENCUMBRANCES, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, OR WHICH COULD BE DETERMINED UPON REASONABLE INSPECTION AND INVESTIGATION ' OF WHATEVER KIND OR NATURE. 627/0140&t-0006/3083552.1 .06/25/97 -4- Res. No. 19062 Page 5 EN:HIBIT "B" DE RIPTI(Id F I'RQPERTY - AGE PIRQEL 2. The Agency Parcel to be conveyed by the Agency to the City is legally described ' as follows: BEING A PORTION OF LOTS 4 AND 5 IN BLOCK 28 OF PALMS SPRINGS, IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. COMMENCING AT TIIE NORTHWEST CORNER OF SAID LOT 3, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 3, NORTH 89o50100" EAST A DISTANCE OF 114.00 FEET. THENCE SOUTH 00o08'00`° EAST PARALLEL WITH THE WEST LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET. THENCE SOUTH 1Io0ff 47" WEST A DISTANCE OF 39.31) FEET TO THE NORTH LINE OF SAID LOT 4, SAID POINT ALSO BEING THE TRUE ]POINT OF BEGINNING. THENCE NORTH 89o50'00" EAST ALONG THE NORTH: LINE OF SAID LOT 4, A DISTANCE OF 35.19 FEET 'TO THE NORTHEAST CORNER OF SAID LOT 4. THENCE SOUTH 00Q08'00" EAST ALONG THE EAST LINE- OF SAID LOTS 4 AND 5 A DISTANCE OF 100.00 FEET, TO THE SOUTHEAST CORNIER OF SAID LOT 5. THENCE SOUTH 89o50'00" WEST ALONG THE SOUTH. LINE OF SAID LOT 5, A DISTANCE OF 48.00 FEET. THENCE NORTH 00o08'00" WEST PARALLEL WITH THE WEST LINE OF SAID LOT 5, A DISTANCE OF 35.00 FEET. THENCE NORTH 11o00'47" EAST A DISTANCE OF 66.26 FEET TO T'HE NORTH ' LINE OF SAID LOT 4 ALSO BEING THE TRUE POINT OF BEGINNING. SUBJECT TO REAL PROPERTY TAXES AND ASSESSMENTS TO ALL EASEMENTS, ENCUMBRANCES, COVENANTS, CONDI-ED-1v7S, RIi.S7'RICTIONS, RESERVATIONS, RIGHTS-OF-YVA'Y, AND OTHER MATTERS OF RECORD, OR WHICH COULD BE DETERMINED UPON REASIDTITABLE INSPECTIOI�f AND INVESTIGATION OF WHATEVER KIND OR NATURE. 1 627/014084-0006/3083552.1 .06/25/97 -5'-