HomeMy WebLinkAbout19254 - RESOLUTIONS - 5/20/1998 RESOLUTION NO. 19254
THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS DECLARING THE PUBLIC INTEREST AND
NECESSITY OF ACQUISITION OF PORTIONS OF
PROPERTY LOCATED ON FARRELL DRIVE IN TIIE
CITY OF PALM SPRINGS, CALIFORNIA,
IDENTIFIED AS ASSESSOR' S PARCEL NO. '
507-350-029, FOR THE PURPOSES OF
CONDUCTING ROADWAY RE-ALIGNMENT TO
ACCOMMODATE THE AIRPORT RUNWAY EXTENSION
WHEREAS, the City of Palm Springs has been investigating the
acquisition of various interests in property, including a fee
interests, on property located on Farrell Drive and identified
as Assessor Parcel No . 507-350-029, for the purposes of re-
aligning the roadway to accommodate the airport runway
extension, Farrell Drive Realignment Project; and
WHEREAS, on May 20, 1998, after no less than 15 clays written
notice to the record owner of the property referenced above
and more specifically described and depicted in the legal
description and sketch attached hereto as Exhibits "A" and
"B", respectively, which legal description and sketch are
incorporated herein by reference, the City Council of the City
of Palm Springs held a hearing for the purpose of allowing the
record owner of the property a reasonable opportunity to
appear and be heard on the following matters :
Whether the public interest and necessity require the '
project;
Whether the project is planned or located in a manner
which is most compatible with the greatest public good
and the least private injury;
Whether the property proposed to be acquired is
necessary for the project;
Whether the offer required by Government Code Section
767 .2 had been given; and
Whether the City had properly exercised all of its
statutory responsibilities and duties antecedent to the
exercise of eminent domain against the Property; and
WHEREAS, the City Council, as a result of such hearing, has
determined that the public health, safety, and welfare require
that the City acquire various interests in the Property more
particularly described herein (the "Property") , for the
purposes of realigning and improving Farrell Drive; and
WHEREAS, the project for which the property to be acquired is '
sought has previously been reviewed under applicable
environmental review procedures, including an Environmental
Impact Report, approved May 17, 1995; and
WHEREAS, the project is a part of an overall runway extension
project which had a finding of no significant impact approved
by the FAA on February 23, 1996; and
780/003B21-0017/308505.1
Res No. 19254 3C^3".
Page 2
WHEREAS, the City of Palm Springs is authorized to acquire the
Property under authority of its own charter, and Government
Code §§ 37350 . 5 and 40404 .
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 :
1 . The property to be acquired is located within the City
of Palm Springs, County of Riverside, State of
California, and is located on Farrell Drive, and
otherwise identified as Assessor' s Parcel No. 507-350-
029. The portions of Property the City seeks to
acquire, and the Property interests sought, consist of
fee simple title interest to approximately 0 . 41 acres of
frontage along the Property, as more specifically
described in Exhibit "A" hereto .
2 . The public interest and necessity require the project,
in that the City' s General Plan, specifically the
Circulation Element, and the Airport Master Plan call
for the realignment of Farrell Drive in the manner
contemplated by the project . In addition, the Farrell
Drive road alignment is designed to facilitate the
extension of the airport runway which extension requires
re-alignment of Farrell Drive .
I' 3. The project is located in a manner most compatible with
the greatest public good and least private injury, in
that the design of the roadway re-alignment must of
necessity occupy land which is immediately adjacent to
the existing roadway, in order to improve the continuity
of the alignment of the road for the extension of the
airport runway. The project is designed in a manner
compatible with the greatest public good, in that the
project will involve road re-alignment which will allow
for the extension of the airport runway which will
enhance the utility of the airport by improving traffic
safety and circulation for all those travelling into and
out of the Palm Springs Airport . The project will
result in the least private injury in that, where
possible consistent with safe roadway design
restrictions, the property chosen for potential
acquisition was done so to minimize the number of
property owners affected, and to avoid impacts to
existing residences .
4 . The Property to be acquired is necessary for the
project, in that the contemplated roadway re-alignment
must occur on property immediately adjacent to the
existing roadway to insure the continuity of the re-
aligned roadway to accommodate the extension of the
airport runway.
5 . The offer required by Government Code Section 7267 .2 has
been made to the owner of record . The City originally
made its offer to the owner of record, by telephone
conference with the record owner' s representative on May
700/003021-0017/3005415.1
Res No . 19254
Page 3
28, 1997 . Receipt of the City' s offer was confirmed by
the owner of record' s representative via correspondence
dated June 7, 1997 . Subsequently, a written summary of
the basis of the offer was forwarded to Douglas S .
Phillips, attorney for the record owner, by a letter- '
dated April 20, 1998 . Staff has attempted to negotiate
with the owner of record, through its representative,
subsequent to its verbal offer and has continued to
attempt to negotiate with the owner of record, but such
negotiations have not proved successful in securing the
necessary property interests outside of more formal-
proceedings .
6. To the extent any of the property to be taken herein is
devoted to a public use, the City finds that the
proposed use for the Project is compatible with, or more:
necessary to, such public use, and that the City is
authorized to acquire the Property pursuant to Code of
Civil Procedure §§ 1240. 510 and 1240 . 610 .
7 . The project has been reviewed and approved under the
California Environmental Quality Act by way of
certification of an Environmental Impact Report,
approved May IS, 1995, and the City Council finds and
determines that since the time of that certification
there have been no subsequent changes with respect to
the circumstances under which the Project is to be
undertaken, no new information of substantial importance ,
regarding significant effects or mitigation measures or
alternative which has become available, and no
subsequent changes have been proposed in the Project
which would require important revisions to the previous
environmental impact reports, such that no further
environmental review attending this proposed acquisition
is necessary.
8 . The project, as a part of an overall runway extension
project, has been reviewed and approved by the FAA on
February 23, 1996 which made a finding of no significant
impact .
9 . The project has been reviewed by the Planning Commission
for conformity with the City' s General Plan as required
by Goverrnnent Code § 65402 . The Planning Commission has
found that the Project conforms with the City' s General
Plan.
10 . The City Council hereby declares it is its intent to
acquire fee simple title interest in a portion of the
above-referenced Property, as more particularly
described in Exhibits "A" and "B" attached hereto, in '
the City' s name in accordance with the provisions of the
laws of the State of California.
11 . The law firm of Rutan & Tucker, LLP, City Attorney for
the City of Palm Springs ("City Attorney" ) is hereby X,,r
authorized and directed to prepare and prosecute in the
name of the City such proceedings in the Court having
proper jurisdiction thereof, as may be necessary for the
780/003821-0017/3005475.1
Res No. 19254 3 6 Y
Page 9
acquisition of the Property described herein, and to
prepare and file such pleadings, documents, and
otherwise prosecute such actions as may be necessary in
the opinion of such attorneys to acquire for the City
the Property. Such attorneys are specifically
authorized to take whatever steps and/or procedures are
available to them under the Eminent Domain Law of the
State of California, including, but not limited to,
seeking orders for prejudgment possession of the
property.
ADOPTED this 20th th day of DIay, 1998 .
AYES : Members Barnes, Hodges, Oden and Reller-Spurgin
NOES : None
ABSENT: None
ABSTAIN: Mayor Kleindienst
ATTEST: CITY OF ALM SPRINGS F RNIA
C' ty Man ger
City Clerk
REVIEWED & APPROVED AS TO FORM:
R-97-021
I'
9B0/003021-0017/30B505.1
R19254
Pe5
Aie No. R-97-021
CP# 96-14, Farrell Dr.
Realignment Project
First City Prop. Parcel
Page 1 of 2
EXHIBIT A"
PARCEL9
BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 15814 AS
RECORDED IN BOOK 83, PAGE 62 OF PARCEL MAPS IN THE OFFICE OF
THE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1„ THENCE
NORTH 89046'40" EAST ALONG 'THE NORTH LINE OF SAID PARCEL 1 A
DISTANCE OF 53.79 PEEL- TO A POINT ON A NON-TANGENT CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 806.00 FEET, A
RADIAL BEARING PASSING THROUGH SAID POINT BEARS SOUTH
54015'48"WEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5046'49" A DISTANCE OF 81.31 FEET TO THE
BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY AND '
HAVING A RADIUS OF 894.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE
THROUGH A CENTRAL ANGLE OF 18056'17" A DISTANCE OF 295.50 FEET;
TO A POINT ON A NON-TANGENT LINE, A RADIAL. BEARING PASSING
THROUGH SAID POINT BEARS NORTH 67025'16" EASIi';
THENCE SOUTH 62032'41" EAST ALONG SAID NON-TANGENT LIVE A
DISTANCE OF 19.56 FEET;
THENCE SOUTH 25031"44" EAST A DISTANCE OF 0.79 FEET TO, A POINT
LYING ON A NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING
A RADIUS OF 243.51 FEET, A RADIAL BEARING PASSING THROUGH SAID
POINT BEARS NORTH 25031'44" 'WEST, SAID POINT ALSO LYING ON THE
SOUTHERLY LINE OF SAID PARCEL 1;
THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG
THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL 1 THROUGH
THE FOLLOWING COURSES:
SOUTHWESTERLY ALONG THE ARC OF THE LAST MENTIONED CURVE '
THROUGH A CENTRAL ANGLE OF 1003'15"A DISTANCE OF 4.48 FEET TO
EXHIBIT ".A"
R19254
Pacie6
File No. R-97-021
CPN 96-14, Farrell Dr.
Realignment Project
First City Prop. Parcel
Page 2 of 2
EXHIBIT "A"
I' THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND
HAVING A RADIUS OF 20.00 FEET;
THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF THE
LAST MENTIONED REVERSE CURVE THROUGH A CENTRAL ANGLE OF
84054'50" A DISTANCE OF 29.64 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 544.00
FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF THE LAST MENTIONED
REVERSE CURVE THROUGH A CENTRAL_ ANGLE OF 17047'02" A
DISTANCE OF 168.85 FEET;
THENCE NORTH 49027'12" WEST TANGENT TO LAST MENTIONED CURVE
A DISTANCE OF 14.42 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 456.00 FEET;
THENCE NORTHWESTERLLY ALONG THE ARC OF THE LAST MENTIONED
CURVE THROUGH A CENTRAL ANGLE OF 28000'31" A DISTANCE OF 222.91
FEET TO THE POINT OF BEGINNING.
COMPRISING 0.41 ACRES, MORE OR LESS.
LAND
i f+ NO.C500
f9TF OF C Nv\�
,3( 6
EXHIBIT "A"
R19254
Page 7
File No. R-97-021
CP# 96-14, Farrell Dr. / "�1
Realignment Project C� //
First City Prop. Parcel
Page 1 of 1
EXHIBIT "B"
PH WIND F9 LAND SU
APN 507-350-032 9p
26 44 HENRY & JUDITH J.
LEVIN
PARCEL 10 PARECL 2 RE(;.EXP. 6/30/99
0.10 ACRES 9 NO. 6500
4p
�n�oN � N SO> 9� OF CAt
PROPOSED ea R/X4?S0,0
✓�,+s +sT 'r9
✓s:s„ PARCEL I 1
r�
EXISTING 80' R/M <1 �o o PARCEL 9
0.41 ACRES
00
SM
,
QSQ+F ✓ �O 6h `�
7 1
nATA
DELTA/WANING RADIUS LE1N./DIST. TANGENT'
1 N 89.46'40"E 53.79
2� 19.19.462 456.00 153.04 77.66
3 5.46'49' 806.00 _ 81.31 40.69
4 84'54'50• 20.00 29.64 _ 18.30
6 N 49.27'12"W 14.A2 +
6 i°03'16' 243.51 4.46 2.24 COMPUTER
7 N 25.31.44'W 0.79 w WAY
6 N 62.32'41aW 19.56
CITY CP PAIM SPRIWIS --w-I
FARRI4LL DRIYE REALIGNMENT RROJISCT
DEPARTMENT OF AVIATION �Ti IBIT " J1713"
LEGAL DESCRIPTION � j JLA 1 1
A PORTION OF PARCEL i OF PM 58/89 AND A PORTION OF PROPERTY ,ACQUISITION
PARCEL i OF PM 83/62 IN THE NORTHWEST QUARTER OF THE
SOUTHEAST OYARTER OF SECTION 12, T.4 S., R.4 E., S.S.M.
DESlG14 BY SCALE FILE N0. .
10 .. 60'
C wwi) DY SHEFf NO. JOB t
STEVEN VM! t_S. 6500 C.H. I OF t ma
EXHIBIT ____