RDA Resolution 1992-006@ RESOLUTION NO. RA 92-6
A RESOLUTION OF NECESSITY OF THE LA QUINTA REDEVELOPMENT AGENCY,
DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF THE PROPERTY KNOWN
AS ASSESSOR PARCEL NUMBER 769-030-037, LOCATED ALONG CALLE
TAMPICO FOR PUBLIC HEALTH, SAFETY AND WELFARE PURPOSES, AND
DIRECTING AND AUTHORIZING THE AGENCY ATTORNEY, AGENCY SPECIAL
COUNSEL AND AGENCY 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 in fee simple was duly given by the La Quinta
Redevelopment Agency pursuant to and in compliance with the
requirements of Section 1245.235 of the California Code of Civil
Procedure; and
WHEREAS, the La Quinta Redevelopment Agency held a public
hearing on those matters specified in the Notice of Intention to
Adopt a Resolution of Necessity and has provided all persons
present a reasonable opportunity to appear and be heard on those
matters referred to in California Code of Civil Procedure Section
1240.030;
NOW, THEREFORE, BE IT RESOLVED that the La Quinta
Redevelopment Agency hereby declares, finds and determines that;
1. The public interest and necessity require street
improvements by the La Quinta Redevelopment Agency on certain real
property including that legally described on Exhibit A and shown on
Exhibit B, which are attached hereto and incorporated herein as
though set forth in full, commonly referred to as the approximately
4200.8 square feet of the property known as APN 769-030-037,
located along Calle Tampico in the City of La Quinta, County of
Riverside, State of California the Property");
2. The public interest and necessity require the acquisition
and taking of a fee simple interest in the property for street
improvement purposes and for elimination of blight and to benefit
a Redevelopment Project Area by the La Quinta Redevelopment Agency,
which use is a public use authorized by law;
3. The acquisition is permitted and the La Quinta
Redevelopment Agency Agency") is empowered to use eminent domain
for the stated public purpose pursuant to the Eminent Domain Law
Code of Civil Procedure Section 1230.010 et seq.) Sections 33000
et seq, of the California Health and Safety Code, and Government
Code Section 37350.5;
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@Resolution No. RA 92-6
4. The offer required by Section 7267.2 of the California
Government Code has been made to the owner or owners of record as
described on the last equalized tax assessment roll and in a title
report obtained on behalf of the La Quinta Redevelopment Agency;
5. The taking and acquiring by the La Quinta Redevelopment
Agency of the real property described herein is deemed necessary
for street improvement purposes and for elimination of blight and
to benefit a Redevelopment Project Area which is planned and
located in a manner most compatible with the greatest public good
and the least private injury;
6. As to any portion of the property that is currently
appropriated for a public use, the use for which the property is
sought to be taken is a more necessary public use and the La Quinta
Redevelopment Agency is empowered to take for a more necessary
public use pursuant to California Code of Civil Procedure Section
1240.610;
7. The Agency attorney, Agency special counsel, and Agency
condemnation counsel are authorized, empowered and directed to
prepare, commence and prosecute eminent domain actions in the
Superior Court of the State of California for the County of
Riverside in the name and on behalf of the La Quinta Redevelopment
Agency against all owners and persons claiming or having an
interest in or to the property, for the purpose of performing and
carrying out all proceedings and steps incident to the condemnation
and acquisition of said property, including obtaining orders of
prejudgment possession, retaining appraisers and other expert
witnesses, consultants and the like;
8. The Treasurer and Finance Director of the La Quinta
Redevelopment Agency are hereby authorized and directed to draw
warrants from the appropriate funds to pay to the Clerk of the
Riverside County Superior Court such sums of money requested by the
Agency attorney, Agency special counsel, or Agency condemnation
counsel to comply with legal requirements for preserving valuation
dates, obtaining orders of prejudgment possession, satisfying
judgments in condemnation or effectuating settlements of any such
actions in condemnation.
PASSED, APPROVED and ADOPTED this 5th day of May 1992.
AYES: Mr. Bohnenberger, Mrs. Franklin, Mr. Rushworth
Mr. Sniff and Chairman Pena
NOES: None
ABSENT: None
ABSTAIN: None
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ Resolution No. RA 92-6
John#NA* h*an
La Quinta Redevelopment Agency
ATTEST:
AU JUHO
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
7*Ai*
STRADLING, YOCCA,CARLSON & RAUTH
Agency Legal Counsel
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF LA QUINTA
I, SAUNDRA L. JUHOLA, Secretary of the La Quinta Redevelopment
Agency, do hereby certify the foregoing to be a full, true and
correct copy of La Quinta Redevelopment Agency Board Resolution No.
RA 92- 6 adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ Resolution No. RA 92-6
Page 1
*EXHIBIT A
FEE SIMPLE*PLE TITLE to the real property in the City of La Quinta,
Count* of Riverside, *state of Ca*iforn1a, described as:
Parcel No. 2
That portion of the South one-half S+) of the Northwest one-
quarter NW+) of Section 6. Township 6 S*uth1 Range 7 East*,
S.B.M., described as follows:
*beginning *t a point distant 30.00 f..t northerly, maa*ure*
at right angles, fran the centerline of Calle Tampico, said point
being the southwest corner of the parcel of *and described *n
EX*I*IT B" of the easement conveyed to the city of La Quinta.
a *unicipal C*rporation, by document recorded October 5, 198?*
as 1nstru*ent No. 287363, in the Office of the *ounty Recorder of
Riverside Ccunty* California;
*hence South *9'59uOoIt West, parailci with said centerline *f
Calle Tampico* and along the northerly ltne thereof, a distance
*f 210.04 feet t* the southeast corner of the parcel of land con*
veyed to the County of Riverside by document recorded November
*6. 1963, as Instrument No. 124850, Ir' said Office of the Count*
Recorder;
Thence North 009021,SEf West *lon* the easterly line *f last
said parcel a distance of *O.OO feet to a point distant 50.O*
feet northerly, *measure at right angle!, froi* the centerline o*
Call. Ta.pi*oi
Thence North 89*59'OO" East parallel with said centerline a
distance of 210.05 feet to the Northwest*t corner of said parcel of
land described in said 1EX*IB1T *" hereinabove described;
Thence Sotith OQeOlIQOlI East along the westerly line of last sai*
parcel of land a distance of 20.00 feet to the point of
beginning.
Containing 4,201 Square Feet, more or less.
FEE SIMPLE Title to the *eal property in the City of La Quinta,
County of Riverside, State of California, described as:
Parcel No. 8
That portion of Lot 1 in *lock 125 of Santa Carmelita at Vale La
*uinta Unit No. 14, as shown an inap +*h*reof *n fi** in Bo*k 1S*
EX*IBIT A
Page 1 of 4)
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ I,
Resolution No. RA 92-6
Page 2
EXHIBIT A
pagcs *2 and 83, of *api' *.cord* of the Recorder of Riverside
County9 California1 described as follows:
Begin*ing at the northwest corner of said Lot 1;
Then*e South 00004138w East alcig the westerly line of said
Lot 1 a distance of 20.00 feet to a point distant 50.00 feet
southerly1 *easured at right angles, from the centerline of
Cel*e Tampico;
Thence South 89156126t1 East, *arall,l with said centerlIne, 8
distance of 75.06 feet;
The*ce South 47*23'S6" East a dstance of 33.93 feet to the
easterly line of said Lot 1;
Thence North 00*04t2BIf West olong said e*sterly line to the
beginning of a tangent curve in th, curved northeasterly line
*f *a1d lot. said curve being concave southwesterly and having a
radius of 20.00 feet;
Thence along said curved northga*terly line and *lon* the nor-
therly line of said lot the following two 2) courses:
1) Northerly, *orthwester1y, and westerly along the arc of said
curve through a central angle of 89*5l**8" a distance of
31.37 feet;
2) Thence North 89e56i26gj West, tangert to said curve, and
along said northerly line, a distance of 80.05 feet to the
point of beginning.
Containi*g 2,201 Square Feet, more or *.ss.
A TE*PORARY CONSTRUCTION EASEMENT to enter upon the following de-
scribed real property for all necessary purposes Incidental to
the planned reconstruction and widening of C*lle Tampico in
accordance with the en*ineered and approved road construction
plans therefor, said purposes including, but not necessarily
being l*mited to, all necessary structure demolition and removal,
grading9 excavation, tree removal, earth backfill operations,
and the temporary deposit of tools1 equip*ent1 *nd materials,
said reel property be1n* de*cri**d a*.'
*arcel No. 8-TE
The southerly 30 feet of the northerly 50 f*et of Lot 1 in Block
125 of Santa Carmelita at Vale La Quinta *nit No. 14, as shown
EXHISIT A
Page * of 4)
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ Resolution No. RA 92-6
Page 3
EX*IBIT A
an map thereof r.e*rded in Book 18. paQes 82 and 83, of Maps,
Records of said County Recorder;
EXCEPTING that *ortion *ying within Parcel No. B hereinabove
descri bud.
cont*ining 2,7*3 square feet, more or l*ss.
FEE S!*PLE T'*TLE to the real property in the City of La Ouinta.
County of Riverside. State of California, described as:
Parcel No. 17
The northerly 20 feet Of L*t 62 of Desert Club Tract No. 4, as
shown on mop thereof recorded in Book 21, Page 60. of Maps.
Records of the County Recorder of sa*d County.
* ContainIng 2,000 Square Feet, more or less.
FEE SIMPLE TITLE to the real property in the City of La Quinta,
County of Ri*erside. State of California. desc*ibed as:
Parcel No. 18
The northerly *0 feet of Lot 63 of Desert C*ub Tract No. 4, as
shown on map thereof recorded in *ook 21, Page 60. o* Maps.
Records of the County Recorder of said County.
Cont.ining 2,000 Square Feet, aiore or les*.
FEE SIMPL* TITLE to the reo* property in the City of L4 Quinta.
County of Riverside, State of C*lifornia, described as;
Parcel No. 1*
The *orther1y 20 feet of Lot 64 of Desert C1u* Tract Na. 4. as
shown on inap thereof recorded in Book 21, Page 60, of Maps.
Records of the County P*ecorder of said CQunty.
Containing 2,000 Square FI*tq more or less.
EX*IIIT A
Page 3 of 4)
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@Resolution No. RA 92-6
Page 4
EXHIB*T A
FEE SIMPLE TI*LE to the reel property in the City of Li Quinta.
County of Riverside1 State of California, described as:
Parcel No. 20
The northerly 20 feet of Lot 65 of Desert Club Tract No. 4e as
shown on map thereof recorded in Book 2l* Page 60, of Maps.
Record* of the County Rec*rder of said County.
Co*taining 311DZ Square Feet1 more or
FEE *INPLE TITLE to the rq** property tn the City of La Quinta,
County of Riverside, State of California, described as:
Parcel No. *1
The northerly 20 feet of Lot 66 of Desert Clu* Tract No. 4, *s
shown on map thereof recorded in *ock 21, Page 60, of Maps.
Records of the Co*nty Rec*rder of 5a1d Co*nty.
Containing Z1910 Square reet, more or less.
EXHIBIT A
P.ge 4 of 4)
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ NOTEXTPAGE
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ NOTEXTPAGE
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02
@ NOTEXTPAGE
BIB]
09-16-1997-U01
10:51:12AM-U01
ADMIN-U01
RDARES-U02
92-U02
06-U02