CC Resolution 1990-016#< RESOLUTION NO. 90-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, DETERMINING AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE A STREET WIDENING PROJECT
FOR WASHINGTON STREET ON A PORTION OF THE
PROPERTY LOCATED AT 47-250 WASHINGTON STREET,
ASSESSOR'S PARCEL NO. 617-070-005; AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY
EMINENT DOMAIN OF THE PROPERTY; AND
DIRECTING AND AUTHORIZING THE CITY'S
ATTORNEY AND CONDEMNATION COUNSEL TO
PREPARE, COMMENCE AND PROSECUTE ACTION S)
IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA FOR THE COUNTY OF RIVERSIDE
FOR THE PURPOSE OF CONDEMNING AND ACQUIRING
THE PROPERTY.
WHEREAS, the legal notice of intention to adopt a
resolution of necessity to acquire by eminent domain the
hereinafter described property property") in fee simple was
duly given by the City of La Quinta pursuant to and in
compliance with the requirements of section 1245.235 of the Code
of Civil Procedure; and
WHEREAS, the City held a public hearing on those matters
specified in the notice of intention to adopt a resolution of
necessity and has provided all persons a reasonable opportunity
to appear and be heard on those matters referred to in section
1240.030 of the Code of Civil Procedure;
NOW, THEREFORE BE IT RESOLVED the City of La Quinta hereby
declares, finds and determines, as follows:
1. The public interest and necessity require the
acquisition for street purposes of certain real property legally
described herein and commonly referred to as the strip of land
immediately adjoining Washington Street approximately 128 feet
wide and consisting of approximately 42,450 square feet or 0.975
acres of the property located at 47-250 Washington Street, La
Quinta, Riverside, California, Assessors Parcel No. 617-070-005
the Property");
2. Public interest and necessity require the acquisition
and taking of a fee simple interest in the Property for street
purposes, which is a public use authorized by law;
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3. Sections 1240.010, 1240.110, 1240.120, 1240.610 and
1255.410 of the California Code of Civil Procedure, and Sections
37350.5 and 40404 of the California Government Code permit and
empower this acquisition by eminent domain for the stated public
use;
4. The real Property sought to be condemned is legally
described in Exhibit A which is attached hereto and incorporated
herein as though set forth in full;
5. The offer required by section 7267.2 of the California
Government Code has been made to the owner or owners of record;
6. The taking and acquiring by the City of the real
property described herein is necessary for street purposes, and
is planned and located in a manner most compatible with the
greatest public good and the least private injury;
7. As to any portion of the Property that is currently
appropriated for public use, the use to which the Property is
sought to be taken is a more necessary public use and the City
of La Quinta is empowered to take for a more necessary public
use pursuant to section 1240.610 of the Code of Civil Procedure;
8. The law firm of Stradling, Yocca, Carlson & Rauth, a
professional corporation 1tCounsellY), is authorized, empowered
and directed to prepare, commence and prosecute eminent domain
action(s) in the Superior Court of the State of California in
and for the County of Riverside in the name and on behalf of the
City of La Quinta against all owners and persons claiming or
having interests in the property, and to perform and carry out
all proceedings and steps incident to the condemnation and
acquisition of the Property, including obtaining order for
prejudgment possession;
9. The treasurer, finance director and city manager of
the City of La Quinta are hereby authorized and directed to draw
warrants from the appropriate funds to pay to the Clerk of the
Court such sums of money as are requested or required by Counsel
to comply with the legal requirements for preserving valuation
dates, obtaining orders for prejudgment possession, making
deposits with the Court, and satisfying judgments or orders
entered in any such condemnation action.
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PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 6th day of March, 1990, by the
following vote, to wit:
AYES: Council Members Bohnenberger, Rushworth, Mayor Pena
NOES: None
ABSENT: Council Member Bosworth
ABSTAIN: None
CITY OF L QUI* A
*jjjT;
*AUNDRA HOLy<lerk
City of La Quint a
APP D AS TO FORM:
*)itY 0 Quinta, alif ia
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#< A.P.N. 617-070-05
EXHIBIT A
That portion of the land conveyed to Routhford Jack Burkett and
Gladys Louise Burkett by deed recorded September 5, 1986 as
document no. 215323 in Official Records in the Office of the County
Recorder of Riverside County, State of California, said land being
a portion of theNorthwest quarter of the Southeast quarter of
Section 30, Township S South, Range 7 East, San Bernardino
Meridian., included within a strip of land 120.00 feet wide, lying
60.00 feet on each side of the following described centerline:
Beginning at the intersection of the southerly line of said Section
30, as shown on Parcel Nap No. 15772, recorded in Book 79, pages
58 and 59 of Parcel Maps in the Office of the County Recorder of
said Riverside County, with a line parallel and 15.00 feet westerly
frc* *he east line of the southwest quarter of said Section; thence
along said parallel line North 00*l9'33" West 1249.16 feet to the
beginning of a curve concave easterly1 having a radius of 2700.00
feet; thence northerly along said curve through a central angle of
ll*44'3l'* an arc distance of 553.33 feet to a point of reverse
curve concave westerly, having a radius of 2700.00 feet; thence
northerly along said curve through a central angle of 1l*44b3lIt an
arc distance of 553.33 feet to a line parallel with and 98.00 feet
easterly of said east line of the southwest quarter of said
section; thence along said parallel line North 00*l9'33" West
555.00 feet to the beginning of a curve concave westerly, having
a radius of 2700.00 feet; thence northerly along said curve through
a central angle of 06*48'04" an arc distance of 32G.49 feet to a
point of reverse curve concave easterly, having a radius of 2700.00
feet; thence northerly through a central angle of 06'48'04" an arc
distance of 320.49 feet to a line parallel with and 60.00 feet
easterly of the easterly line of the northwest quarter of said
section; thence along said parallel line North 00*l9'33"West 925.44
feet to the beginning of a curve concave westerly, having a radius
of 2000.00 feet; thence northerly through a central angle of
02*50'06" an arc distance of 98.96 feet to the centerline of Simon
Drive, also known as Oreste Drive as shown on Parcel Map 9618
recorded in P.M. Book 60,Page 18 in the Office of the County
Recorder of 5aid County.
The sidelines of the above described 120.00 foot wide strip of land
shall be lengthened or shortened, as required to terminate
southerly at the southerly line of said sect*on 30.
Attached hereto and made a part of this legal descript*on 18 a plat
designated uuBII.
This legal description and plat were * Thy
supervision on April 19, 1989.
Eric A. Nelson, L.S. 5563 *
*kL?>*/?JOJr563.
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